20 U.S.C. § 1232g — Family educational and privacy rights

Page 906 TITLE 20—EDUCATION § 1232f Editorial Notes PRIOR PROVISIONS A prior section 1232e, Pub. L. 90–247, title IV, § 436, formerly § 426, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326, related to authority of Commissioner to vest title in equipment, prior to repeal by section 1231(a)(3) of Pub. L. 95–561. A prior section 442 of Pub. L. 90–247 was classified to section 1233a of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub- stituted ‘‘that local educational agency’’ for ‘‘that local education agency’’. Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted comma after ‘‘program’’. Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub- stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap- pearing. Pub. L. 103–382, § 212(b)(3)(B), made technical amend- ment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act. Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub- stituted ‘‘individuals with disabilities’’ for ‘‘handi- capped individuals’’. 1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98–511, set out as a note under section 1226c of this title. EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. PART 4—RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS § 1232f. Records (a) Records kept by recipient; full disclosure; maintenance period Each recipient of Federal funds under any ap- plicable program through any grant, subgrant, cooperative agreement, loan, or other arrange- ment shall keep records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost pro- vided from other sources, and such other records as will facilitate an effective financial or pro- grammatic audit. The recipient shall maintain such records for three years after the comple- tion of the activity for which the funds are used. (b) Audit examination The Secretary and the Comptroller General of the United States, or any of their duly author- ized representatives, shall have access, for the purpose of audit examination, to any records maintained by a recipient that may be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements to which reference is made in subsection (a), or which may relate to the compliance of the re- cipient with any requirement of an applicable program. (Pub. L. 90–247, title IV, § 443, formerly § 437, as added Pub. L. 95–561, title XII, § 1231(c), Nov. 1, 1978, 92 Stat. 2346; renumbered § 443 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 248, Oct. 20, 1994, 108 Stat. 3913, 3924.) Editorial Notes PRIOR PROVISIONS A prior section 443 of Pub. L. 90–247 was classified to section 1233b of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–382, § 248(1), substituted ‘‘grant, subgrant, cooperative agreement, loan, or other arrangement’’ for ‘‘grant, subgrant, contract, sub- contract, loan, or other arrangement (other than pro- curement contracts awarded by an administrative head of an educational agency)’’, inserted ‘‘financial or pro- grammatic’’ before ‘‘audit.’’, and substituted ‘‘three years’’ for ‘‘five years’’. Subsec. (b). Pub. L. 103–382, § 248(2), substituted ‘‘to any records maintained by a recipient that may be re- lated, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements’’ for ‘‘to any records of a recipient which may be related, or perti- nent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. § 1232g. Family educational and privacy rights (a) Conditions for availability of funds to edu- cational agencies or institutions; inspection and review of education records; specific in- formation to be made available; procedure for access to education records; reasonable- ness of time for such access; hearings; writ- ten explanations by parents; definitions (1)(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of de- nying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institu- tion, as the case may be, the right to inspect and review the education records of their chil- dren. If any material or document in the edu- cation record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or docu- ment as relates to such student or to be in- formed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by par- ents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. (B) No funds under any applicable program shall be made available to any State educational agency (whether or not that agency is an edu- cational agency or institution under this sec- tion) that has a policy of denying, or effectively Page 907 TITLE 20—EDUCATION § 1232g prevents, the parents of students the right to in- spect and review the education records main- tained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institu- tion that is subject to the provisions of this sec- tion. (C) The first sentence of subparagraph (A) shall not operate to make available to students in institutions of postsecondary education the following materials: (i) financial records of the parents of the student or any information contained therein; (ii) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended; (iii) if the student has signed a waiver of the student’s right of access under this subsection in accordance with subparagraph (D), con- fidential recommendations— (I) respecting admission to any edu- cational agency or institution, (II) respecting an application for employ- ment, and (III) respecting the receipt of an honor or honorary recognition. (D) A student or a person applying for admis- sion may waive his right of access to confiden- tial statements described in clause (iii) of sub- paragraph (C), except that such waiver shall apply to recommendations only if (i) the student is, upon request, notified of the names of all per- sons making confidential recommendations and (ii) such recommendations are used solely for the purpose for which they were specifically in- tended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or ben- efits from such agency or institution. (2) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such student’s education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data con- tained therein and to insert into such records a written explanation of the parents respecting the content of such records. (3) For the purposes of this section the term ‘‘educational agency or institution’’ means any public or private agency or institution which is the recipient of funds under any applicable pro- gram. (4)(A) For the purposes of this section, the term ‘‘education records’’ means, except as may be provided otherwise in subparagraph (B), those records, files, documents, and other materials which— (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. (B) The term ‘‘education records’’ does not in- clude— (i) records of instructional, supervisory, and administrative personnel and educational per- sonnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; (ii) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement; (iii) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate ex- clusively to such person in that person’s ca- pacity as an employee and are not available for use for any other purpose; or (iv) records on a student who is eighteen years of age or older, or is attending an insti- tution of postsecondary education, which are made or maintained by a physician, psychia- trist, psychologist, or other recognized profes- sional or paraprofessional acting in his profes- sional or paraprofessional capacity, or assist- ing in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physi- cian or other appropriate professional of the student’s choice. (5)(A) For the purposes of this section the term ‘‘directory information’’ relating to a stu- dent includes the following: the student’s name, address, telephone listing, date and place of birth, major field of study, participation in offi- cially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. (B) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the insti- tution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent’s prior consent. (6) For the purposes of this section, the term ‘‘student’’ includes any person with respect to whom an educational agency or institution maintains education records or personally iden- tifiable information, but does not include a per- son who has not been in attendance at such agency or institution. Page 908 TITLE 20—EDUCATION § 1232g 1 So in original. The period probably should be a semicolon. (b) Release of education records; parental con- sent requirement; exceptions; compliance with judicial orders and subpoenas; audit and evaluation of federally-supported edu- cation programs; recordkeeping (1) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information, as de- fined in paragraph (5) of subsection (a)) of stu- dents without the written consent of their par- ents to any individual, agency, or organization, other than to the following— (A) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legiti- mate educational interests, including the edu- cational interests of the child for whom con- sent would otherwise be required; (B) officials of other schools or school sys- tems in which the student seeks or intends to enroll, upon condition that the student’s par- ents be notified of the transfer, receive a copy of the record if desired, and have an oppor- tunity for a hearing to challenge the content of the record; (C)(i) authorized representatives of (I) the Comptroller General of the United States, (II) the Secretary, or (III) State educational au- thorities, under the conditions set forth in paragraph (3), or (ii) authorized representa- tives of the Attorney General for law enforce- ment purposes under the same conditions as apply to the Secretary under paragraph (3); (D) in connection with a student’s applica- tion for, or receipt of, financial aid; (E) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted— (i) before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such system’s ability to effectively serve the student whose records are released, or (ii) after November 19, 1974, if— (I) the allowed reporting or disclosure concerns the juvenile justice system and such system’s ability to effectively serve, prior to adjudication, the student whose records are released; and (II) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or insti- tution that the information will not be disclosed to any other party except as pro- vided under State law without the prior written consent of the parent of the stu- dent.1 (F) organizations conducting studies for, or on behalf of, educational agencies or institu- tions for the purpose of developing, validating, or administering predictive tests, admin- istering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such or- ganizations and such information will be de- stroyed when no longer needed for the purpose for which it is conducted; (G) accrediting organizations in order to carry out their accrediting functions; (H) parents of a dependent student of such parents, as defined in section 152 of title 26; (I) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons; (J)(i) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution (and any officer, director, employee, agent, or attorney for such agency or institution) on which the subpoena is served, to not disclose to any per- son the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena; and (ii) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution (and any officer, director, employee, agent, or attorney for such agency or institution) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in re- sponse to the subpoena; (K) the Secretary of Agriculture, or author- ized representative from the Food and Nutri- tion Service or contractors acting on behalf of the Food and Nutrition Service, for the pur- poses of conducting program monitoring, eval- uations, and performance measurements of State and local educational and other agencies and institutions receiving funding or pro- viding benefits of 1 or more programs author- ized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that— (i) any data collected under this subpara- graph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and (ii) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and (L) an agency caseworker or other represent- ative of a State or local child welfare agency, or tribal organization (as defined in section 5304 of title 25), who has the right to access a student’s case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally Page 909 TITLE 20—EDUCATION § 1232g 2 See References in Text note below. identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an indi- vidual or entity engaged in addressing the stu- dent’s education needs and authorized by such agency or organization to receive such disclo- sure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a student’s education records. Nothing in subparagraph (E) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder. (2) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is per- mitted under paragraph (1) of this subsection, unless— (A) there is written consent from the stu- dent’s parents specifying records to be re- leased, the reasons for such release, and to whom, and with a copy of the records to be re- leased to the student’s parents and the student if desired by the parents, or (B) except as provided in paragraph (1)(J), such information is furnished in compliance with judicial order, or pursuant to any law- fully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational in- stitution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note)) or dependency mat- ters, and the order is issued in the context of that proceeding, additional notice to the par- ent by the educational agency or institution is not required. (3) Nothing contained in this section shall pre- clude authorized representatives of (A) the Comptroller General of the United States, (B) the Secretary, or (C) State educational authori- ties from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-sup- ported education programs, or in connection with the enforcement of the Federal legal re- quirements which relate to such programs: Pro- vided, That except when collection of personally identifiable information is specifically author- ized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Fed- eral legal requirements. (4)(A) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals (other than those specified in para- graph (1)(A) of this subsection), agencies, or or- ganizations which have requested or obtained access to a student’s education records main- tained by such educational agency or institu- tion, and which will indicate specifically the le- gitimate interest that each such person, agency, or organization has in obtaining this informa- tion. Such record of access shall be available only to parents, to the school official and his as- sistants who are responsible for the custody of such records, and to persons or organizations au- thorized in, and under the conditions of, clauses (A) and (C) of paragraph (1) as a means of audit- ing the operation of the system. (B) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph (2)(A), or fails to destroy information in viola- tion of paragraph (1)(F), the educational agency or institution shall be prohibited from permit- ting access to information from education records to that third party for a period of not less than five years. (5) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal re- quirements which relate to any such program, subject to the conditions specified in the proviso in paragraph (3). (6)(A) Nothing in this section shall be con- strued to prohibit an institution of postsec- ondary education from disclosing, to an alleged victim of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense. (B) Nothing in this section shall be construed to prohibit an institution of postsecondary edu- cation from disclosing the final results of any disciplinary proceeding conducted by such insti- tution against a student who is an alleged perpe- trator of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, if the institution determines as a re- sult of that disciplinary proceeding that the stu- dent committed a violation of the institution’s rules or policies with respect to such crime or offense. (C) For the purpose of this paragraph, the final results of any disciplinary proceeding— (i) shall include only the name of the stu- dent, the violation committed, and any sanc- tion imposed by the institution on that stu- dent; and (ii) may include the name of any other stu- dent, such as a victim or witness, only with the written consent of that other student. (7)(A) Nothing in this section may be con- strued to prohibit an educational institution from disclosing information provided to the in- stitution under section 14071 2 of title 42 con- Page 910 TITLE 20—EDUCATION § 1232g cerning registered sex offenders who are re- quired to register under such section. (B) The Secretary shall take appropriate steps to notify educational institutions that disclo- sure of information described in subparagraph (A) is permitted. (c) Surveys or data-gathering activities; regula- tions Not later than 240 days after October 20, 1994, the Secretary shall adopt appropriate regula- tions or procedures, or identify existing regula- tions or procedures, which protect the rights of privacy of students and their families in connec- tion with any surveys or data-gathering activi- ties conducted, assisted, or authorized by the Secretary or an administrative head of an edu- cation agency. Regulations established under this subsection shall include provisions control- ling the use, dissemination, and protection of such data. No survey or data-gathering activi- ties shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activi- ties are authorized by law. (d) Students’ rather than parents’ permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary edu- cation, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. (e) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsec- ondary education, of the rights accorded them by this section. (f) Enforcement; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with viola- tions of this section, in accordance with this chapter, except that action to terminate assist- ance may be taken only if the Secretary finds there has been a failure to comply with this sec- tion, and he has determined that compliance cannot be secured by voluntary means. (g) Office and review board; creation; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, re- viewing, and adjudicating violations of this sec- tion and complaints which may be filed con- cerning alleged violations of this section. Except for the conduct of hearings, none of the func- tions of the Secretary under this section shall be carried out in any of the regional offices of such Department. (h) Disciplinary records; disclosure Nothing in this section shall prohibit an edu- cational agency or institution from— (1) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other stu- dents, or other members of the school commu- nity; or (2) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have le- gitimate educational interests in the behavior of the student. (i) Drug and alcohol violation disclosures (1) In general Nothing in this Act or the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] shall be con- strued to prohibit an institution of higher edu- cation from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student’s education records, if— (A) the student is under the age of 21; and (B) the institution determines that the student has committed a disciplinary viola- tion with respect to such use or possession. (2) State law regarding disclosure Nothing in paragraph (1) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in sub- section (a). (j) Investigation and prosecution of terrorism (1) In general Notwithstanding subsections (a) through (i) or any provision of State law, the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attor- ney General, designated by the Attorney Gen- eral) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or insti- tution to permit the Attorney General (or his designee) to— (A) collect education records in the posses- sion of the educational agency or institution that are relevant to an authorized investiga- tion or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18, or an act of domestic or international terrorism as de- fined in section 2331 of that title; and (B) for official purposes related to the in- vestigation or prosecution of an offense de- scribed in paragraph (1)(A), retain, dissemi- nate, and use (including as evidence at trial or in other administrative or judicial pro- ceedings) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality. (2) Application and approval (A) IN GENERAL.—An application under para- graph (1) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to con- tain information described in paragraph (1)(A). (B) The court shall issue an order described in paragraph (1) if the court finds that the ap- Page 911 TITLE 20—EDUCATION § 1232g plication for the order includes the certifi- cation described in subparagraph (A). (3) Protection of educational agency or institu- tion An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production. (4) Record-keeping Subsection (b)(4) does not apply to education records subject to a court order under this subsection. (Pub. L. 90–247, title IV, § 444, formerly § 438, as added Pub. L. 93–380, title V, § 513(a), Aug. 21, 1974, 88 Stat. 571; amended Pub. L. 93–568, § 2(a), Dec. 31, 1974, 88 Stat. 1858; Pub. L. 96–46, § 4(c), Aug. 6, 1979, 93 Stat. 342; Pub. L. 101–542, title II, § 203, Nov. 8, 1990, 104 Stat. 2385; Pub. L. 102–325, title XV, § 1555(a), July 23, 1992, 106 Stat. 840; re- numbered § 444 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 249, 261(h), Oct. 20, 1994, 108 Stat. 3913, 3924, 3928; Pub. L. 105–244, title IX, §§ 951, 952, Oct. 7, 1998, 112 Stat. 1835, 1836; Pub. L. 106–386, div. B, title VI, § 1601(d), Oct. 28, 2000, 114 Stat. 1538; Pub. L. 107–56, title V, § 507, Oct. 26, 2001, 115 Stat. 367; Pub. L. 107–110, title X, § 1062(3), Jan. 8, 2002, 115 Stat. 2088; Pub. L. 111–296, title I, § 103(d), Dec. 13, 2010, 124 Stat. 3192; Pub. L. 112–278, § 2, Jan. 14, 2013, 126 Stat. 2480.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(1)(K), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Child Nutrition Act of 1966, referred to in subsec. (b)(1)(K), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. Section 3 of the Child Abuse Prevention and Treat- ment Act, referred to in subsec. (b)(2)(B), is section 3 of Pub. L. 93–247, which is set out as a note under section 5101 of Title 42, The Public Health and Welfare. Section 14071 of title 42, referred to in subsec. (b)(7)(A), was repealed by Pub. L. 109–248, title I, § 129(a), July 27, 2006, 120 Stat. 600. This Act, referred to in subsec. (i)(1), is Pub. L. 90–247, Jan. 2, 1968, 80 Stat. 783, known as the Elementary and Secondary Education Amendments of 1967. Title IV of the Act, known as the General Education Provisions Act, is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under section 6301 of this title and Tables. The Higher Education Act of 1965, referred to in sub- sec. (i)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. PRIOR PROVISIONS A prior section 444 of Pub. L. 90–247 was classified to section 1233c of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 2013—Subsec. (b)(1)(L). Pub. L. 112–278, § 2(1), added subpar. (L). Subsec. (b)(2)(B). Pub. L. 112–278, § 2(2), inserted ‘‘, except when a parent is a party to a court pro- ceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note)) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required’’ after ‘‘edu- cational institution or agency’’. 2010—Subsec. (b)(1)(K). Pub. L. 111–296, which directed that par. (1) be amended by adding subpar. (K) ‘‘at the end’’, was executed by adding subpar. (K) after subpar. (J), to reflect the probable intent of Congress. 2002—Subsec. (a)(1)(B). Pub. L. 107–110, § 1062(3)(A), re- aligned margins. Subsec. (b)(1). Pub. L. 107–110, § 1062(3)(C), substituted ‘‘subparagraph (E)’’ for ‘‘clause (E)’’ in concluding pro- visions. Subsec. (b)(1)(J). Pub. L. 107–110, § 1062(3)(B), realigned margins. Subsec. (b)(7). Pub. L. 107–110, § 1062(3)(D), realigned margins. 2001—Subsec. (j). Pub. L. 107–56 added subsec. (j). 2000—Subsec. (b)(7). Pub. L. 106–386 added par. (7). 1998—Subsec. (b)(1)(C). Pub. L. 105–244, § 951(1), amend- ed subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘authorized representatives of (i) the Comptroller General of the United States, (ii) the Secretary, or (iii) State educational authorities, under the conditions set forth in paragraph (3) of this sub- section;’’. Subsec. (b)(6). Pub. L. 105–244, § 951(2), designated ex- isting provisions as subpar. (A), substituted ‘‘or a non- forcible sex offense, the final results’’ for ‘‘the results’’, substituted ‘‘such crime or offense’’ for ‘‘such crime’’ in two places, and added subpars. (B) and (C). Subsec. (i). Pub. L. 105–244, § 952, added subsec. (i). 1994—Subsec. (a)(1)(B). Pub. L. 103–382, § 249(1)(A)(ii), added subpar. (B). Former subpar. (B) redesignated (C). Subsec. (a)(1)(C). Pub. L. 103–382, § 249(1)(A)(i), (iii), re- designated subpar. (B) as (C) and substituted ‘‘subpara- graph (D)’’ for ‘‘subparagraph (C)’’ in cl. (iii). Former subpar. (C) redesignated (D). Subsec. (a)(1)(D). Pub. L. 103–382, § 249(1)(A)(i), (iv), re- designated subpar. (C) as (D) and substituted ‘‘subpara- graph (C)’’ for ‘‘subparagraph (B)’’. Subsec. (a)(2). Pub. L. 103–382, § 249(1)(B), substituted ‘‘privacy rights’’ for ‘‘privacy or other rights’’. Subsec. (a)(4)(B)(ii). Pub. L. 103–382, § 261(h)(1), sub- stituted semicolon for period at end. Subsec. (b)(1)(A). Pub. L. 103–382, § 249(2)(A)(i), in- serted before semicolon ‘‘, including the educational interests of the child for whom consent would other- wise be required’’. Subsec. (b)(1)(C). Pub. L. 103–382, § 261(h)(2)(A), sub- stituted ‘‘or (iii)’’ for ‘‘(iii) an administrative head of an education agency (as defined in section 1221e–3(c) of this title), or (iv)’’. Subsec. (b)(1)(E). Pub. L. 103–382, § 249(2)(A)(ii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974;’’. Subsec. (b)(1)(H). Pub. L. 103–382, § 261(h)(2)(B), sub- stituted ‘‘the Internal Revenue Code of 1986’’ for ‘‘the Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Subsec. (b)(1)(J). Pub. L. 103–382, § 249(2)(A)(iii)–(v), added subpar. (J). Subsec. (b)(2). Pub. L. 103–382, § 249(2)(B)(i), which di- rected amendment of matter preceding subpar. (A) by substituting ‘‘, unless—’’ for the period, was executed by substituting a comma for the period before ‘‘un- less—’’ to reflect the probable intent of Congress. Page 912 TITLE 20—EDUCATION § 1232g Subsec. (b)(2)(B). Pub. L. 103–382, § 249(2)(B)(ii), in- serted ‘‘except as provided in paragraph (1)(J),’’ before ‘‘such information’’. Subsec. (b)(3). Pub. L. 103–382, § 261(h)(2)(C), sub- stituted ‘‘or (C)’’ for ‘‘(C) an administrative head of an education agency or (D)’’ and ‘‘education programs’’ for ‘‘education program’’. Subsec. (b)(4). Pub. L. 103–382, § 249(2)(C), inserted at end ‘‘If a third party outside the educational agency or institution permits access to information in violation of paragraph (2)(A), or fails to destroy information in violation of paragraph (1)(F), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.’’ Subsec. (c). Pub. L. 103–382, § 249(3), substituted ‘‘Not later than 240 days after October 20, 1994, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which’’ for ‘‘The Secretary shall adopt appropriate regulations to’’. Subsec. (d). Pub. L. 103–382, § 261(h)(3), inserted a comma after ‘‘education’’. Subsec. (e). Pub. L. 103–382, § 249(4), inserted ‘‘effec- tively’’ before ‘‘informs’’. Subsec. (f). Pub. L. 103–382, § 261(h)(4), struck out ‘‘, or an administrative head of an education agency,’’ after ‘‘The Secretary’’ and substituted ‘‘enforce this section’’ for ‘‘enforce provisions of this section’’, ‘‘in accordance with’’ for ‘‘according to the provisions of’’, and ‘‘com- ply with this section’’ for ‘‘comply with the provisions of this section’’. Subsec. (g). Pub. L. 103–382, § 261(h)(5), struck out ‘‘of Health, Education, and Welfare’’ after ‘‘the Depart- ment’’ and ‘‘the provisions of’’ after ‘‘adjudicating vio- lations of’’. Subsec. (h). Pub. L. 103–382, § 249(5), added subsec. (h). 1992—Subsec. (a)(4)(B)(ii). Pub. L. 102–325 amended cl. (ii) generally. Prior to amendment, cl. (ii) read as fol- lows: ‘‘if the personnel of a law enforcement unit do not have access to education records under subsection (b)(1) of this section, the records and documents of such law enforcement unit which (I) are kept apart from records described in subparagraph (A), (II) are maintained sole- ly for law enforcement purposes, and (III) are not made available to persons other than law enforcement offi- cials of the same jurisdiction;’’. 1990—Subsec. (b)(6). Pub. L. 101–542 added par. (6). 1979—Subsec. (b)(5). Pub. L. 96–46 added par. (5). 1974—Subsec. (a)(1). Pub. L. 93–568, § 2(a)(1)(A)–(C), (2)(A)–(C), (3), designated existing par. (1) as subpar. (A), substituted reference to educational agencies and institutions for reference to state or local educational agencies, institutions of higher education, community colleges, schools, agencies offering preschool programs, and other educational institutions, substituted the ge- neric term education records for the enumeration of such records, and extended the right to inspect and re- view such records to parents of children who have been in attendance, and added subpars. (B) and (C). Subsec. (a)(2). Pub. L. 93–568, § 2(a)(4), substituted pro- visions making the availability of funds to educational agencies and institutions conditional on the granting of an opportunity for a hearing to parents of students who are or have been in attendance at such institution or agency to challenge the contents of the student’s education records for provisions granting the parents an opportunity for such hearing, and inserted provi- sions authorizing insertion into the records a written explanation of the parents respecting the content of such records. Subsec. (a)(3) to (6). Pub. L. 93–568, § 2(a)(1)(G), (2)(F), (5), added pars. (3) to (6). Subsec. (b)(1). Pub. L. 93–568, § 2(a)(1)(D), (2)(D), (6), (8)(A)–(C), (10)(A), in provisions preceding subpar. (A), substituted ‘‘educational agency or institution which has a policy of permitting the release of education records (or personally identifiable information con- tained therein other than directory information, as de- fined in paragraph (5) of subsection (a))’’ for ‘‘state or local educational agency, any institution of higher edu- cation, any community college, any school, agency of- fering a preschool program, or any other educational institution which has a policy or practice of permitting the release of personally identifiable records or files (or personal information contained therein)’’, in subpar. (A), substituted ‘‘educational agency, who have been determined by such agency or institution to have’’ for ‘‘educational agency who have’’, in subpar. (B), sub- stituted ‘‘the student seeks or intends to’’ for ‘‘the stu- dent intends to’’, in subpar. (C), substituted reference to ‘‘section 408(c)’’ for reference to ‘‘section 409 of this Act’’ which for purposes of codification has been trans- lated as ‘‘section 1221e–3(c) of this title’’, and added subpars. (E) to (I). Subsec. (b)(2). Pub. L. 93–568, § 2(a)(1)(E), (2)(E), sub- stituted ‘‘educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is per- mitted under paragraph (1) of this subsection’’ for ‘‘state or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other edu- cational institution which has a policy or practice of furnishing, in any form, any personally identifiable in- formation contained in personal school records, to any persons other than those listed in subsection (b)(1) of this section’’. Subsec. (b)(3). Pub. L. 93–568, § 2(a)(8)(D), substituted ‘‘information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identi- fication of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal re- quirements’’ for ‘‘data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include infor- mation (including social security numbers) which would permit the personal identification of such stu- dents or their parents after the data so obtained has been collected’’. Subsec. (b)(4). Pub. L. 93–568, § 2(a)(9), substituted pro- visions that each educational agency or institution maintain a record, kept with the education records of each student, indicating individuals, agencies, or orga- nizations who obtained access to the student’s record and the legitimate interest in obtaining such informa- tion, that such record of access shall be available only to parents, school officials, and their assistants having responsibility for the custody of such records, and as a means of auditing the operation of the system, for pro- visions that with respect to subsecs. (c)(1), (c)(2), and (c)(3) of this section, all persons, agencies, or organiza- tions desiring access to the records of a student shall be required to sign forms to be kept with the records of the student, but only for inspection by the parents or the student, indicating specifically the legitimate edu- cational or other interest of the person seeking such in- formation, and that the form shall be available to par- ents and school officials having responsibility for record maintenance as a means of auditing the oper- ation of the system. Subsec. (e). Pub. L. 93–568, § 2(a)(1)(F), substituted ‘‘to any educational agency or institution unless such agency or institution’’ for ‘‘unless the recipient of such funds’’. Subsec. (g). Pub. L. 93–568, § 2(a)(7), (10)(B), struck out reference to sections 1232c and 1232f of this title and in- serted provisions that except for the conduct of hear- ings, none of the functions of the Secretary under this section shall be carried out in any of the regional of- fices of such Department. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section Page 913 TITLE 20—EDUCATION § 1232h 445 of Pub. L. 111–296, set out as a note under section 1751 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–325, title XV, § 1555(b), July 23, 1992, 106 Stat. 840, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on the date of enactment of this Act [July 23, 1992].’’ EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–46 effective Oct. 1, 1978, see section 8 of Pub. L. 96–46, set out as a note under sec- tion 930 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–568, § 2(b), Dec. 31, 1974, 88 Stat. 1862, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall be effective, and retro- active to, November 19, 1974.’’ EFFECTIVE DATE Pub. L. 93–380, title V, § 513(b)(1), Aug. 21, 1974, 88 Stat. 574, provided that: ‘‘The provisions of this section [en- acting this section and provisions set out as a note under section 1221 of this title] shall become effective ninety days after the date of enactment [Aug. 21, 1974] of section 438 [now 444] of the General Education Provi- sions Act [this section].’’ § 1232h. Protection of pupil rights (a) Inspection of instructional materials by par- ents or guardians All instructional materials, including teach- er’s manuals, films, tapes, or other supple- mentary material which will be used in connec- tion with any survey, analysis, or evaluation as part of any applicable program shall be avail- able for inspection by the parents or guardians of the children. (b) Limits on survey, analysis, or evaluations No student shall be required, as part of any ap- plicable program, to submit to a survey, anal- ysis, or evaluation that reveals information con- cerning— (1) political affiliations or beliefs of the stu- dent or the student’s parent; (2) mental or psychological problems of the student or the student’s family; (3) sex behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) critical appraisals of other individuals with whom respondents have close family rela- tionships; (6) legally recognized privileged or analogous relationships, such as those of lawyers, physi- cians, and ministers; (7) religious practices, affiliations, or beliefs of the student or student’s parent; or (8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. (c) Development of local policies concerning stu- dent privacy, parental access to information, and administration of certain physical ex- aminations to minors (1) Development and adoption of local policies Except as provided in subsections (a) and (b), a local educational agency that receives funds under any applicable program shall develop and adopt policies, in consultation with par- ents, regarding the following: (A)(i) The right of a parent of a student to inspect, upon the request of the parent, a survey created by a third party before the survey is administered or distributed by a school to a student; and (ii) any applicable procedures for granting a request by a parent for reasonable access to such survey within a reasonable period of time after the request is received. (B) Arrangements to protect student pri- vacy that are provided by the agency in the event of the administration or distribution of a survey to a student containing one or more of the following items (including the right of a parent of a student to inspect, upon the request of the parent, any survey containing one or more of such items): (i) Political affiliations or beliefs of the student or the student’s parent. (ii) Mental or psychological problems of the student or the student’s family. (iii) Sex behavior or attitudes. (iv) Illegal, anti-social, self-incrimi- nating, or demeaning behavior. (v) Critical appraisals of other individ- uals with whom respondents have close family relationships. (vi) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers. (vii) Religious practices, affiliations, or beliefs of the student or the student’s par- ent. (viii) Income (other than that required by law to determine eligibility for partici- pation in a program or for receiving finan- cial assistance under such program). (C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional material used as part of the educational curriculum for the student; and (ii) any applicable procedures for granting a request by a parent for reasonable access to instructional material within a reason- able period of time after the request is re- ceived. (D) The administration of physical exami- nations or screenings that the school or agency may administer to a student. (E) The collection, disclosure, or use of personal information collected from stu- dents for the purpose of marketing or for selling that information (or otherwise pro-