 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
SUBCHAPTER III--GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION 
AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY
 
    Part 4--Records; Privacy; Limitation on Withholding Federal Funds
 
Sec. 1232g. Family educational and privacy rights


(a) Conditions for availability of funds to educational agencies or 
        institutions; inspection and review of education records; 
        specific information to be made available; procedure for access 
        to education records; reasonableness of time for such access; 
        hearings; written 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 denying, 
or which effectively prevents, the parents of students who are or have 
been in attendance at a school of such agency or at such institution, as 
the case may be, the right to inspect and review the education records 
of their children. If any material or document in the education 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 document as relates to such student or to 
be informed 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 parents 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 
educational agency or institution under this section) that has a policy 
of denying, or effectively prevents, the parents of students the right 
to inspect and review the education records maintained by the State 
educational agency on their children who are or have been in attendance 
at any school of an educational agency or institution that is subject to 
the provisions of this section.
    (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), 
    confidential recommendations--
            (I) respecting admission to any educational agency or 
        institution,
            (II) respecting an application for employment, and
            (III) respecting the receipt of an honor or honorary 
        recognition.

    (D) A student or a person applying for admission may waive his right 
of access to confidential statements described in clause (iii) of 
subparagraph (C), except that such waiver shall apply to recommendations 
only if (i) the student is, upon request, notified of the names of all 
persons making confidential recommendations and (ii) such 
recommendations are used solely for the purpose for which they were 
specifically intended. Such waivers may not be required as a condition 
for admission to, receipt of financial aid from, or receipt of any other 
services or benefits 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 contained 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 program.
    (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 include--
        (i) records of instructional, supervisory, and administrative 
    personnel and educational personnel 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 exclusively to such person in that person's 
    capacity 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 institution of postsecondary education, which are 
    made or maintained by a physician, psychiatrist, psychologist, or 
    other recognized professional or paraprofessional acting in his 
    professional or paraprofessional capacity, or assisting 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 physician 
    or other appropriate professional of the student's choice.

    (5)(A) For the purposes of this section the term ``directory 
information'' relating to a student includes the following: the 
student's name, address, telephone listing, date and place of birth, 
major field of study, participation in officially 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 institution 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 identifiable information, but 
does not include a person who has not been in attendance at such agency 
or institution.

(b) Release of education records; parental consent requirement; 
        exceptions; compliance with judicial orders and subpoenas; audit 
        and evaluation of federally-supported education 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 
defined in paragraph (5) of subsection (a) of this section) of students 
without the written consent of their parents 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 legitimate 
    educational interests, including the educational interests of the 
    child for whom consent would otherwise be required;
        (B) officials of other schools or school systems in which the 
    student seeks or intends to enroll, upon condition that the 
    student's parents be notified of the transfer, receive a copy of the 
    record if desired, and have an opportunity 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 
    authorities, under the conditions set forth in paragraph (3), or 
    (ii) authorized representatives of the Attorney General for law 
    enforcement purposes under the same conditions as apply to the 
    Secretary under paragraph (3);
        (D) in connection with a student's application 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 institution that the information will 
            not be disclosed to any other party except as provided under 
            State law without the prior written consent of the parent of 
            the student.\1\
---------------------------------------------------------------------------
    \1\ So in original. The period probably should be a semicolon.

        (F) organizations conducting studies for, or on behalf of, 
    educational agencies or institutions for the purpose of developing, 
    validating, or administering predictive tests, administering 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 organizations and such information will be 
    destroyed 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; and
        (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 person 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 response to the subpoena.

Nothing in clause (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 permitted under paragraph (1) of this subsection, unless--
        (A) there is written consent from the student's parents 
    specifying records to be released, the reasons for such release, and 
    to whom, and with a copy of the records to be released 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 
    lawfully 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 institution or agency.

    (3) Nothing contained in this section shall preclude authorized 
representatives of (A) the Comptroller General of the United States, (B) 
the Secretary, or (C) State educational authorities from having access 
to student or other records which may be necessary in connection with 
the audit and evaluation of Federally-supported education programs, or 
in connection with the enforcement of the Federal legal requirements 
which relate to such programs: Provided, That except when collection of 
personally identifiable 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 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 Federal 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 paragraph (1)(A) 
of this subsection), agencies, or organizations which have requested or 
obtained access to a student's education records maintained by such 
educational agency or institution, and which will indicate specifically 
the legitimate interest that each such person, agency, or organization 
has in obtaining this information. Such record of access shall be 
available only to parents, to the school official and his assistants who 
are responsible for the custody of such records, and to persons or 
organizations authorized in, and under the conditions of, clauses (A) 
and (C) of paragraph (1) as a means of auditing 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 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.
    (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 requirements 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 construed to prohibit an 
institution of postsecondary 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 education from disclosing the final results 
of any disciplinary proceeding conducted by such institution against a 
student who is an alleged perpetrator 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 result of that disciplinary 
proceeding that the student 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 student, the violation 
    committed, and any sanction imposed by the institution on that 
    student; and
        (ii) may include the name of any other student, such as a victim 
    or witness, only with the written consent of that other student.

    (7)(A) Nothing in this section may be construed to prohibit an 
educational institution from disclosing information provided to the 
institution under section 14071 of title 42 concerning registered sex 
offenders who are required to register under such section.
    (B) The Secretary shall take appropriate steps to notify educational 
institutions that disclosure of information described in subparagraph 
(A) is permitted.

(c) Surveys or data-gathering activities; regulations

    Not later than 240 days after October 20, 1994, the Secretary shall 
adopt appropriate regulations or procedures, or identify existing 
regulations or procedures, which protect the rights of privacy of 
students and their families in connection with any surveys or data-
gathering activities conducted, assisted, or authorized by the Secretary 
or an administrative head of an education agency. Regulations 
established under this subsection shall include provisions controlling 
the use, dissemination, and protection of such data. No survey or data-
gathering activities shall be conducted by the Secretary, or an 
administrative head of an education agency under an applicable program, 
unless such activities 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 
education, 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 
postsecondary 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 violations of this section, in accordance with this 
chapter, except that action to terminate assistance may be taken only if 
the Secretary finds there has been a failure to comply with this 
section, 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, reviewing, and adjudicating violations of this section and 
complaints which may be filed concerning alleged violations of this 
section. Except for the conduct of hearings, none of the functions 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 educational 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 students, or other members of the 
    school community; or
        (2) disclosing such information to teachers and school 
    officials, including teachers and school officials in other schools, 
    who have legitimate 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 construed to prohibit an institution 
    of higher education 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 violation 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 subsection (a) of 
    this section.

(Pub. L. 90-247, title IV, Sec. 444, formerly Sec. 438, as added Pub. L. 
93-380, title V, Sec. 513(a), Aug. 21, 1974, 88 Stat. 571; amended Pub. 
L. 93-568, Sec. 2(a), Dec. 31, 1974, 88 Stat. 1858; Pub. L. 96-46, 
Sec. 4(c), Aug. 6, 1979, 93 Stat. 342; Pub. L. 101-542, title II, 
Sec. 203, Nov. 8, 1990, 104 Stat. 2385; Pub. L. 102-325, title XV, 
Sec. 1555(a), July 23, 1992, 106 Stat. 840; renumbered Sec. 444 and 
amended Pub. L. 103-382, title II, Secs. 212(b)(1), 249, 261(h), Oct. 
20, 1994, 108 Stat. 3913, 3924, 3928; Pub. L. 105-244, title IX, 
Secs. 951, 952, Oct. 7, 1998, 112 Stat. 1835, 1836; Pub. L. 106-386, 
div. B, title VI, Sec. 1601(d), Oct. 28, 2000, 114 Stat. 1538.)

                       References in Text

    This Act, referred to in subsec. (i)(1), is Pub. L. 90-247, Jan. 2, 
1968, 80 Stat. 783, as amended, 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 
complete 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 subsec. (i)(1), is 
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is 
classified principally to chapter 28 (Sec. 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

    2000--Subsec. (b)(7). Pub. L. 106-386 added par. (7).
    1998--Subsec. (b)(1)(C). Pub. L. 105-244, Sec. 951(1), amended 
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 
subsection;''.
    Subsec. (b)(6). Pub. L. 105-244, Sec. 951(2), designated existing 
provisions as subpar. (A), substituted ``or a nonforcible 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, Sec. 952, added subsec. (i).
    1994--Subsec. (a)(1)(B). Pub. L. 103-382, Sec. 249(1)(A)(ii), added 
subpar. (B). Former subpar. (B) redesignated (C).
    Subsec. (a)(1)(C). Pub. L. 103-382, Sec. 249(1)(A)(i), (iii), 
redesignated subpar. (B) as (C) and substituted ``subparagraph (D)'' for 
``subparagraph (C)'' in cl. (iii). Former subpar. (C) redesignated (D).
    Subsec. (a)(1)(D). Pub. L. 103-382, Sec. 249(1)(A)(i), (iv), 
redesignated subpar. (C) as (D) and substituted ``subparagraph (C)'' for 
``subparagraph (B)''.
    Subsec. (a)(2). Pub. L. 103-382, Sec. 249(1)(B), substituted 
``privacy rights'' for ``privacy or other rights''.
    Subsec. (a)(4)(B)(ii). Pub. L. 103-382, Sec. 261(h)(1), substituted 
semicolon for period at end.
    Subsec. (b)(1)(A). Pub. L. 103-382, Sec. 249(2)(A)(i), inserted 
before semicolon ``, including the educational interests of the child 
for whom consent would otherwise be required''.
    Subsec. (b)(1)(C). Pub. L. 103-382, Sec. 261(h)(2)(A), substituted 
``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, Sec. 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, Sec. 261(h)(2)(B), substituted 
``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, Sec. 249(2)(A)(iii)-(v), added 
subpar. (J).
    Subsec. (b)(2). Pub. L. 103-382, Sec. 249(2)(B)(i), which directed 
amendment of matter preceding subpar. (A) by substituting ``, unless--'' 
for the period, was executed by substituting a comma for the period 
before ``unless--'' to reflect the probable intent of Congress.
    Subsec. (b)(2)(B). Pub. L. 103-382, Sec. 249(2)(B)(ii), inserted 
``except as provided in paragraph (1)(J),'' before ``such information''.
    Subsec. (b)(3). Pub. L. 103-382, Sec. 261(h)(2)(C), substituted ``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, Sec. 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, Sec. 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, Sec. 261(h)(3), inserted a comma after 
``education''.
    Subsec. (e). Pub. L. 103-382, Sec. 249(4), inserted ``effectively'' 
before ``informs''.
    Subsec. (f). Pub. L. 103-382, Sec. 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 ``comply with this section'' for ``comply with the provisions 
of this section''.
    Subsec. (g). Pub. L. 103-382, Sec. 261(h)(5), struck out ``of 
Health, Education, and Welfare'' after ``the Department'' and ``the 
provisions of'' after ``adjudicating violations of''.
    Subsec. (h). Pub. L. 103-382, Sec. 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 follows: ``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 solely for 
law enforcement purposes, and (III) are not made available to persons 
other than law enforcement officials 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, Sec. 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 generic term education 
records for the enumeration of such records, and extended the right to 
inspect and review such records to parents of children who have been in 
attendance, and added subpars. (B) and (C).
    Subsec. (a)(2). Pub. L. 93-568, Sec. 2(a)(4), substituted provisions 
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 provisions 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, Sec. 2(a)(1)(G), (2)(F), (5), 
added pars. (3) to (6).
    Subsec. (b)(1). Pub. L. 93-568, Sec. 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 
contained therein other than directory information, as defined in 
paragraph (5) of subsection (a) of this section)'' for ``state or local 
educational agency, any institution of higher education, any community 
college, any school, agency offering 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), substituted ``the student seeks or intends to'' for ``the student 
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 translated as ``section 1221e-3(c) of this 
title'', and added subpars. (E) to (I).
    Subsec. (b)(2). Pub. L. 93-568, Sec. 2(a)(1)(E), (2)(E), substituted 
``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 permitted 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 educational institution which has a policy or practice of 
furnishing, in any form, any personally identifiable information 
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, Sec. 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 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 Federal legal requirements'' for ``data is specifically 
authorized by Federal law, any data collected by such officials with 
respect to individual students shall not include information (including 
social security numbers) which would permit the personal identification 
of such students or their parents after the data so obtained has been 
collected''.
    Subsec. (b)(4). Pub. L. 93-568, Sec. 2(a)(9), substituted provisions 
that each educational agency or institution maintain a record, kept with 
the education records of each student, indicating individuals, agencies, 
or organizations who obtained access to the student's record and the 
legitimate interest in obtaining such information, 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 provisions that 
with respect to subsecs. (c)(1), (c)(2), and (c)(3) of this section, all 
persons, agencies, or organizations 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 educational or other interest of 
the person seeking such information, and that the form shall be 
available to parents and school officials having responsibility for 
record maintenance as a means of auditing the operation of the system.
    Subsec. (e). Pub. L. 93-568, Sec. 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, Sec. 2(a)(7), (10)(B), struck out 
reference to sections 1232c and 1232f of this title and inserted 
provisions that except for the conduct of hearings, none of the 
functions of the Secretary under this section shall be carried out in 
any of the regional offices of such Department.


                    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 section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of this title.


                    Effective Date of 1992 Amendment

    Section 1555(b) of Pub. L. 102-325 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 section 930 of this title.


                    Effective Date of 1974 Amendment

    Section 2(b) of Pub. L. 93-568 provided that: ``The amendments made 
by subsection (a) [amending this section] shall be effective, and 
retroactive to, November 19, 1974.''


                             Effective Date

    Section 513(b)(1) of Pub. L. 93-380 provided that: ``The provisions 
of this section [enacting 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 Provisions Act [this section].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1092, 1232i, 1417, 2304, 
9274 of this title; title 8 section 1372; title 10 section 503; title 25 
section 3205; title 29 section 2871; title 42 section 11432.
