From: Gene _________________ 22 W. Bryan St., # 353 Savannah, 31401 Republic of Georgia North America To: _____________, Principal Certified Mail ________________________ Lee Roy Myers Middle School 2316 Brevard Circle Savannah, Georgia 31404 To: Dr. ______________, Associate Superintendent Middle/High Schools Certified Mail ________________________ Savannah-Chatham County Public Schools 208 Bull Street Savannah, Georgia 31401 912-201-5871 REQUEST FOR RECORDS pursuant to Family Educational Rights and Privacy Act (FERPA) November 27, 2000 Attention: ___________, Principal and Dr. ___________, Associate Superintendent Accept this letter as a written request formalizing the verbal request made to Dr. ___________ on the phone by me on October 25, 2000 and the in-person request communicated to both of you on my behalf by ___________ on November 2, 2000 for any and all school information regarding my natural child, known to you as ____________. I would like this letter to be entered into _______________'s permanent school record. As there is no court order barring me from contact with my son and I have always tried to be an involved father, I am exercising my God-given Rights recognized under your Georgia law and your federal law, the Family Educational Rights and Privacy Act (FERPA) to have full, unhindered access to my child's school information. Information to be released includes, but is not limited to, the following: Photocopies of all report cards, achievement tests, permission slips, school newsletters, school picture notification, and any other paperwork that is sent to _________________'s primary residence. In other words, I want any and all paperwork, records or reports sent to me just as they are sent to my child's mother. Make sure that my name is in the Father spot on any and all school records, make sure that my name, location, and telephone number is included in the school's records as emergency contacts. This information is provided below. Gene ______________ 22 W. Bryan St., # 353 Savannah, 31401 Republic of Georgia North America Phone: 912-412-0425 I want to be informed of any absences from school and times tardy along with excuses given for said instances. To be able to contact teachers, aides, counselors, principals and other school personnel to discuss ________________'s progress in school, any behavioral or disciplinary concerns, and general social well-being of _______________ in school, via telephone, e-mail, fax or in person. I want to be notified of and have the opportunity to participate by telephone (or in person if possible) in ANY and ALL meetings, conferences, disciplinary discussions and any other meetings which require parent participation. ANY and ALL disciplinary actions (Thursday School, Saturday School, suspension from school or school bus, detentions, etc.) on a timely basis so that I may discuss and verify behavioral concerns when they happen PRIOR to any such disciplinary action. Copies of all records of or involving psychological counseling, testing, etc. Copies of all "shot" records, vaccination records, immunization records, insurance records, counsellor's reports, accident reports, incident reports and enrollment. Copies of any standardized testing results along with opportunities to speak with school personnel including but not limited to counsellors and or therapists if any help is needed in interpreting the results. Copies of school calendars and notification of special events such as plays, school carnivals, concerts, dances, etc. Provide me with an opportunity to inspect the records at the school whenever I make that request in person. Henceforth, any bulletins, letters, notices, reports, or any correspondence whatsoever that is delivered to my child's mother must also be sent to me as well and I hereby request that you advise my child's teachers accordingly. You may either mail the above information to me, or you may send it home with my son, __________________. Or you may also notify me in writing that you are henceforth giving me the opportunity to inspect the records at the school whenever I make that request in person. Be sure to address the information to my attention. I am there when my child needs any help with his homework and I take an active role in my child's development because I care and have always cared about the well being of my child. I volunteer my services I would like to be able to volunteer to help out in ________________'s classroom whenever possible. I am open to reading to students, doing one-on-one work with any student that needs help, discussing career choice(s), and many other activities that would be beneficial, not only to ________________, but to his entire class as well. I request that I be notified (immediately upon receipt of this letter) of the names of _____________'s teachers and the times during the day that I would be most likely able to telephone and speak with him or her. Also provide me their telephone numbers. If you have any questions as to whether a piece of information should be sent to me, send it. As you are most likely aware, being a professional educator in the teaching and/or school administration profession, Federal Law requires that I be furnished all of the above information. Your attention is directed to The Family Educational Rights and Privacy act (FERPA), Public Law 93-380, Title 20, USCA Section 1232(g), et. seq. and Title 93-568 et seq. As you also know, and your local school board lawyer should be glad to confirm and verify this for you, Federal Law requires that this information, files, papers, documents, etc. cannot be kept from me and must be released to either parent if requested. This is a formal written request, pursuant to the above cited FERPA. A father's Right to have access to their child's school records IS THE LAW. Natural parents retain Rights that some school system administrators argue that ‘non-custodial parents' do not have. Also, fathers are sometimes labeled wrongly by school systems as being ‘non-custodial' simply at the word of the child's mother. There are instances where the child's mother does not completely reveal the complete facts of the case. To rely on such ‘facts' without proof is to rely on error, wrongly denying the child and the father their God-given Rights of free association. In any event, even ‘non-custodial parents' retain Rights that must be recognized and respected by even the most stubborn socialist school administrators. For schools that receive federal funds, the Family Educational Rights and Privacy Act (FERPA) of 1974 sets out requirements designed to protect the privacy of parents and students. Any school or school system that does not recognize these rights will not qualify to receive federal funds. These rights are spelled out in Title 20, Section 1232g of the U.S. Code. The law requires a school district to : 1.provide a parent access to records directly related to the student, 2.provide a parent an opportunity to correct records believed to inaccurate or misleading, 3.with some exceptions (generally for research), the school must obtain written permission from a parent before disclosing information contained in a student's education record. The definition of "parent" is found in FERPA implementing regulation under 34 CFR 99.3. CFR is Code of Federal Regulations. "Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. (Authority: 20 U.S.C. 1232g). The definition of parent includes both custodial and non-custodial parents. This is seen in the rights of parents under this code section as defined under 34 CFR 99.4: Section 99.4: What are the rights of parents? An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. [emphasis added] (Authority: 20 U.S.C. 1232g). The meaning and intent of this Statute is pretty clear. Note the words "either" and specifically". The provisions in FERPA apply to ALL schools that receive Federal funding of any kind. This means schools receiving federal funds must provide equal access to both natural parents, custodial and non-custodial, unless there is a legally binding document--such as a court order—that specifically removes these rights and the school has been provided with such documents. Existence of custody, parenting time, or visitation arrangements do NOT by themselves, affect FERPA rights of a child's parents. One of your school's qualifications for receiving federal funds is dependent upon compliance with 20 U.S.C. 1232g (FERPA) to receive federal funds. The key part of FERPA is as follows: (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. For more information, on how your policy of denying fathers their Rights, is in violation of FERPA, contact the Family Policy Compliance Office of the Department of Education at: U.S. Dept of Education Family Policy Compliance Office 600 Independence Ave. Wash. DC. 20202 (202) 260-3887 Georgia Law: Federal law is enforced through federal funding incentives, however, Georgia law provides these rights directly and apply to any local school system whether public or independent. Essentially these same rights are guaranteed under Georgia statute, Official Code of Georgia, Section 20-2-720. Custodial and non-custodial parents both are given these rights unless specifically removed by court order. Georgia Code 20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. Georgia Code states that "parent and community support is critical to the success of students and schools." Georgia Code 20-2-85. (a) The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and school administrators to create a better understanding of and mutual respect for each other's concerns, and share ideas for school improvement. School councils shall be reflective of the school community. (b) The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election. [emphasis added] Fathers Have Rights To More Than Just A Report Card Without a court order specifically stating otherwise, natural fathers have the same rights to the same educational records and the same rights to meet with school teachers, principals and administrators as the custodial parent. This means the non-custodial parent has equal access to all school records, including: report cards enrollment forms achievement tests progress reports field trip forms incident reports disciplinary reports medical records emergency notification cards any other officially generated reports, including email This is your notice that, as _______________'s natural father, I want any type of progress report, evaluation, or notice of disciplinary action sent to me automatically as it is sent to Christopher's natural mother. Your school's qualification for federal funds is dependent upon compliance with 20 U.S.C. 1232g--among others--to continue to receive federal funds. Additionally, if my child's mother has arranged medical treatment to be provided to my child at school and has provided necessary records to the school, I, as ___________'s natural father have a right of access to those records. Additionally I have a right to check my child's permanent records for any false information that may have been submitted to the school by the custodial parent regarding the appropriateness of my involvement at my child's school. In closing, in the event any of the above requested reports or information is legitimately confidential by law, I request that the rest of this request be considered separately and be provided to me, and an itemized list of the redacted items be included. Thank you in advance for your cooperation. If you have any questions, please do not hesitate to contact me. Sincerely, Gene ______________ 22 W. Bryan St., # 353 Savannah, 31401 Republic of Georgia North America Home: 912-412-0425 ATTACHMENT - Georgia Codes Georgia Code Section 20-2-85. (a) The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and school administrators to create a better understanding of and mutual respect for each other's concerns, and share ideas for school improvement. School councils shall be reflective of the school community. (b) The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election. Georgia Code Section 20-2-131. "The General Assembly of Georgia, recognizing the need for: (1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character; (2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential; (3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure; (4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program; (5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state; (6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career; (7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis; (8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia; (9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; (10) Providing an accountability system to ensure that all students are receiving a quality instructional program so that all students can achieve at their highest level; (11) Providing a seamless education system to allow for the delivery of educational programs at all levels and the movement of students between programs and education agencies as efficiently and effectively as possible and to provide for coordination on a continuing basis between agencies responsible for education services; (12) Providing a safe school environment so that students can learn and mature without fear of violence or intimidation; (13) Providing access to nursing services so that teachers can deliver instructional services without the added responsibility of addressing students' nursing needs and so that students can receive nursing services while at school; (14) Providing academic intervention programs designed to assist students who are performing below grade level in order to increase their mastery of critical academic knowledge and skills; (15) Providing an alternative educational environment for those students who need a different educational structure in order to properly master critical academic knowledge and skills and to provide an environment where they can stay in school and acquire the knowledge and skills necessary for a productive life; (16) Providing students with advice and assistance in planning their academic and work careers and achieving those goals; (17) Providing an evaluation process for all school system personnel to assure the public that personnel are performing at acceptable levels and providing quality educational services to all students; (18) Providing an environment where parents and the community can participate in school activities and support school personnel as they work with students and address their academic needs; (19) Providing for parent and community participation in the establishment of school programs, policies, and management so that the school and community are connected in meaningful and productive ways and providing support for teachers and school leaders in addressing the school's needs; and (20) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin." Georgia Code Section 20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. A Review of Applicable Family Educational Rights And Privacy Act (FERPA) Code Sections (FERPA) sets out requirements designed to protect the privacy of parents and students. In brief, the law requires a school district to: 1.Provide a parent access to their child's educational records. 2.Provide a parent an opportunity to seek correction of records he/she believes to be inaccurate or misleading. 3.With some exceptions, obtain the written permission of a parent before disclosing information contained in the student's educational record. [Code of Federal Regulations] [Title 34, Volume 1, Parts 1 to 299] [Revised as of July 1, 1997] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR99] [Page 286-301] TITLE 34--EDUCATION PART 99--FAMILY EDUCATIONAL RIGHTS AND PRIVACY Subpart A--General Sec. 99.1 To which educational agencies or institutions do these regulations apply? (a) Except as otherwise noted in Sec. 99.10, this part applies to an educational agency or institution to which funds have been made available under any program administered by the Secretary, if-- (1) The educational institution provides educational services or instruction, or both, to students; or (2) The educational agency provides administrative control of or direction of, or performs service functions for, public elementary or secondary schools or postsecondary institutions. ... (d) If an educational agency or institution receives funds under one or more of the programs covered by this section, the regulations in this part apply to the recipient as a whole, including each of its components (such as a department within a university). (Authority: 20 U.S.C. 1232g) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996] Sec. 99.2 What is the purpose of these regulations? The purpose of this part is to set out requirements for the protection of privacy of parents and students under section 444 of the General Education Provisions Act, as amended. (Authority: 20 U.S.C. 1232g) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996] Sec. 99.3 What definitions apply to these regulations? The following definitions apply to this part: Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act. (Authority: 20 U.S.C. 1232g) [[Page 288]] Attendance includes, but is not limited to: (a) Attendance in person or by correspondence; and (b) The period during which a person is working under a work-study program. (Authority: 20 U.S.C. 1232g) Directory information means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to 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. (Authority: 20 U.S.C. 1232g(a)(5)(A)) Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means. (Authority: 20 U.S.C. 1232g(b)(1)) Educational agency or institution means any public or private agency or institution to which this part applies under Sec. 99.1(a). (Authority: 20 U.S.C. 1232g(a)(3)) Education records. (a) The term means those records that are: (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution. ... (Authority: 20 U.S.C. 1232g(a)(4)) Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. (Authority: 20 U.S.C. 1232g) Party means an individual, agency, institution, or organization. (Authority: 20 U.S.C. 1232g(b)(4)(A)) Personally identifiable information includes, but is not limited to: (a) The student's name; (b) The name of the student's parent or other family member; (c) The address of the student or student's family; (d) A personal identifier, such as the student's social security number or student number; (e) A list of personal characteristics that would make the student's identity easily traceable; or (f) Other information that would make the student's identity easily traceable. (Authority: 20 U.S.C. 1232g) Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. (Authority: 20 U.S.C. 1232g) Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority. (Authority: 20 U.S.C. 1232g) Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records. (Authority: 20 U.S.C. 1232g(a)(6)) [53 FR 11943, Apr. 11, 1988, as amended at 60 FR 3468, Jan. 17, 1995; 61 FR 59295, Nov. 21, 1996] Sec. 99.4 What are the rights of parents? An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. (Authority: 20 U.S.C. 1232g) [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3188, Jan. 7, 1993] Sec. 99.6 [Reserved] Sec. 99.7 What must an educational agency or institution include in its annual notification? (a)(1) Each educational agency or institution shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under the Act and this part. (2) The notice must inform parents or eligible students that they have the right to-- (i) Inspect and review the student's education records; (ii) Seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights; (iii) Consent to disclosures of personally identifiable information contained [[Page 290]] in the student's education records, except to the extent that the Act and Sec. 99.31 authorize disclosure without consent; and (iv) File with the Department a complaint under Secs. 99.63 and 99.64 concerning alleged failures by the educational agency or institution to comply with the requirements of the Act and this part. (3) The notice must include all of the following: (i) The procedure for exercising the right to inspect and review education records. (ii) The procedure for requesting amendment of records under Sec. 99.20. (iii) If the educational agency or institution has a policy of disclosing education records under Sec. 99.31(a)(1), a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest. (b) An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights. (1) An educational agency or institution shall effectively notify parents or eligible students who are disabled. (2) An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English. (Approved by the Office of Management and Budget under control number 1880-0508) (Authority: 20 U.S.C. 1232g (e) and (f)) [61 FR 59295, Nov. 21, 1996] Subpart B--What Are the Rights of Inspection and Review of Education Records? Sec. 99.10 What rights exist for a parent or eligible student to inspect and review education records? (a) Except as limited under Sec. 99.12, a parent or eligible student must be given the opportunity to inspect and review the student's education records. This provision applies to-- (1) Any educational agency or institution; and (2) Any State educational agency (SEA) and its components. (i) For the purposes of subpart B of this part, an SEA and its components constitute an educational agency or institution. (ii) An SEA and its components are subject to subpart B of this part if the SEA maintains education records on students who are or have been in attendance at any school of an educational agency or institution subject to the Act and this part. (b) The educational agency or institution, or SEA or its component, shall comply with a request for access to records within a reasonable period of time, but not more than 45 days after it has received the request. (c) The educational agency or institution, or SEA or its component shall respond to reasonable requests for explanations and interpretations of the records. (d) If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution, or SEA or its component, shall-- (1) Provide the parent or eligible student with a copy of the records requested; or (2) Make other arrangements for the parent or eligible student to inspect and review the requested records. (e) The educational agency or institution, or SEA or its component shall not destroy any education records if there is an outstanding request to inspect and review the records under this section. (Authority: 20 U.S.C. 1232g(a)(1) (A) and (B)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996] Sec. 99.11 May an educational agency or institution charge a fee for copies of education records? (a) Unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student's education records, an educational agency or institution may charge a fee for a copy of an education record which is made for the parent or eligible student. (b) An educational agency or institution may not charge a fee to search for or to retrieve the education records of a student. (Authority: 20 U.S.C. 1232g(a)(1)) Sec. 99.12 What limitations exist on the right to inspect and review records? (a) If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student. (Authority: 20 U.S.C. 1232g(a)(1) (A), (B), (C), and (D)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996] Subpart C--What Are the Procedures for Amending Education Records? Sec. 99.20 How can a parent or eligible student request amendment of the student's education records? (a) If a parent or eligible student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may ask the educational agency or institution to amend the record. (b) The educational agency or institution shall decide whether to amend the record as requested within a reasonable time after the agency or institution receives the request. (c) If the educational agency or institution decides not to amend the record as requested, it shall inform the parent or eligible student of its decision and of his or her right to a hearing under Sec. 99.21. (Authority: 20 U.S.C. 1232g(a)(2)) [53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59296, Nov. 21, 1996] Sec. 99.21 Under what conditions does a parent or eligible student have the right to a hearing? (a) An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student. (b)(1) If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall: (i) Amend the record accordingly; and (ii) Inform the parent or eligible student of the amendment in writing. (2) If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution, or both. (c) If an educational agency or institution places a statement in the education records of a student under paragraph (b)(2) of this section, the agency or institution shall: (1) Maintain the statement with the contested part of the record for as long as the record is maintained; and [[Page 293]] (2) Disclose the statement whenever it discloses the portion of the record to which the statement relates. (Authority: 20 U.S.C. 1232g(a)(2)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996] Sec. 99.22 What minimum requirements exist for the conduct of a hearing? The hearing required by Sec. 99.21 must meet, at a minimum, the following requirements: (a) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student. (b) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing. (c) The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing. (d) The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under Sec. 99.21. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney. (e) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing. (f) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. (Authority: 20 U.S.C. 1232g(a)(2)) Subpart D--May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? Sec. 99.30 Under what conditions is prior consent required to disclose information? (a) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provided in Sec. 99.31. (b) The written consent must: (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and (3) Identify the party or class of parties to whom the disclosure may be made. (c) When a disclosure is made under paragraph (a) of this section: (1) If a parent or eligible student so requests, the educational agency or institution shall provide him or her with a copy of the records disclosed; and (2) If the parent of a student who is not an eligible student so requests, the agency or institution shall provide the student with a copy of the records disclosed. (Authority: 20 U.S.C. 1232g (b)(1) and (b)(2)(A)) [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993] Sec. 99.32 What recordkeeping requirements exist concerning requests and disclosures? (a)(1) An educational agency or institution shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student. (2) The agency or institution shall maintain the record with the education records of the student as long as the records are maintained. (3) For each request or disclosure the record must include: (i) The parties who have requested or received personally identifiable information from the education records; and (ii) The legitimate interests the parties had in requesting or obtaining the information. (b) If an educational agency or institution discloses personally identifiable information from an education record with the understanding authorized under Sec. 99.33(b), the record of the disclosure required under this section must include: (1) The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and (2) The legitimate interests under Sec. 99.31 which each of the additional parties has in requesting or obtaining the information. (c) The following parties may inspect the record relating to each student: (1) The parent or eligible student. (2) The school official or his or her assistants who are responsible for the custody of the records. (3) Those parties authorized in Sec. 99.31(a) (1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institution. (d) Paragraph (a) of this section does not apply if the request was from, or the disclosure was to: (1) The parent or eligible student; (2) A school official under Sec. 99.31(a)(1); (3) A party with written consent from the parent or eligible student; (4) A party seeking directory information; or (5) A party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. (Approved by the Office of Management and Budget under control number 1880-0508) (Authority: 20 U.S.C. 1232g(b)(1) and (b)(4)(A)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996] Sec. 99.37 What conditions apply to disclosing directory information? (a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: (1) The types of personally identifiable information that the agency or institution has designated as directory information; (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student as directory information; and (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. (b) An educational agency or institution may disclose directory information about former students without meeting the conditions in paragraph (a) of this section. (Authority: 20 U.S.C. 1232g(a)(5) (A) and (B)) Subpart E--What Are the Enforcement Procedures? Sec. 99.60 What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? (a) For the purposes of this subpart, Office means the Family Policy Compliance Office, U.S. Department of Education. (b) The Secretary designates the Office to: [[Page 298]] (1) Investigate, process, and review complaints and violations under the Act and this part; and (2) Provide technical assistance to ensure compliance with the Act and this part. (c) The Secretary designates the Office of Administrative Law Judges to act as the Review Board required under the Act to enforce the Act with respect to all applicable programs. The term applicable program is defined in section 400 of the General Education Provisions Act. (Authority: 20 U.S.C. 1232g (f) and (g), 1234) [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993] Sec. 99.61 What responsibility does an educational agency or institution have concerning conflict with State or local laws? If an educational agency or institution determines that it cannot comply with the Act or this part due to a conflict with State or local law, it shall notify the Office within 45 days, giving the text and citation of the conflicting law. (Authority: 20 U.S.C. 1232g(f)) Sec. 99.62 What information must an educational agency or institution submit to the Office? The Office may require an educational agency or institution to submit reports containing information necessary to resolve complaints under the Act and the regulations in this part. (Authority: 20 U.S.C. 1232g (f) and (g)) Sec. 99.63 Where are complaints filed? A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. The Office's address is: Family Policy Compliance Office, U. S. Department of Education, Washington, DC 20202-4605. (Authority: 20 U.S.C. 1232g(g)) [58 FR 3189, Jan. 7, 1993, as amended at 61 FR 59297, Nov. 21, 1996] Sec. 99.64 What is the complaint procedure? (a) A complaint filed under Sec. 99.63 must contain specific allegations of fact giving reasonable cause to believe that a violation of the Act or this part has occurred. (b) The Office investigates each timely complaint to determine whether the educational agency or institution has failed to comply with the provisions of the Act or this part. (c) A timely complaint is defined as an allegation of a violation of the Act that is submitted to the Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. (d) The Office extends the time limit in this section if the complainant shows that he or she was prevented by circumstances beyond the complainant's control from submitting the matter within the time limit, or for other reasons considered sufficient by the Office. (Authority: 20 U.S.C. 1232g(f)) [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993] Sec. 99.65 What is the content of the notice of complaint issued by the Office? (a) The Office notifies the complainant and the educational agency or institution in writing if it initiates an investigation of a complaint under Sec. 99.64(b). The notice to the educational agency or institution-- (1) Includes the substance of the alleged violation; and (2) Asks the agency or institution to submit a written response to the complaint. (b) The Office notifies the complainant if it does not initiate an investigation of a complaint because the complaint fails to meet the requirements of Sec. 99.64. (Authority: 20 U.S.C. 1232g(g)) [58 FR 3189, Jan. 7, 1993] [[Page 299]] Sec. 99.66 What are the responsibilities of the Office in the enforcement process? (a) The Office reviews the complaint and response and may permit the parties to submit further written or oral arguments or information. (b) Following its investigation, the Office provides to the complainant and the educational agency or institution written notice of its findings and the basis for its findings. (c) If the Office finds that the educational agency or institution has not complied with the Act or this part, the notice under paragraph (b) of this section: (1) Includes a statement of the specific steps that the agency or institution must take to comply; and (2) Provides a reasonable period of time, given all of the circumstances of the case, during which the educational agency or institution may comply voluntarily. (Authority: 20 U.S.C. 1232g(f)) Sec. 99.67 How does the Secretary enforce decisions? (a) If the educational agency or institution does not comply during the period of time set under Sec. 99.66(c), the Secretary may, in accordance with part E of the General Education Provisions Act-- (1) Withhold further payments under any applicable program; (2) Issue a compliant to compel compliance through a cease-and- desist order; or (3) Terminate eligibility to receive funding under any applicable program. (b) If, after an investigation under Sec. 99.66, the Secretary finds that an educational agency or institution has complied voluntarily with the Act or this part, the Secretary provides the complainant and the agency or institution written notice of the decision and the basis for the decision. (Note: 34 CFR part 78 contains the regulations of the Education Appeal Board) (Authority: 20 U.S.C. 1232g(f); 20 U.S.C. 1234) [53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 58 FR 3189, Jan. 7, 1993] [[Page 301]] Subtitle B--Regulations of the Offices of the Department of Education [[Page 303]]