20 USC 1232g(a)(1)(C)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 20 USC 1232g(a)(1)(C) | status: Basic | banner: CUI.
- DoD authority row: 20 USC 1232g(a)(1)(C). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 20 USC 1232g(a)(1)(C) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- Page 849 TITLE 20—EDUCATION § 1232g
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope used with this authority: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- 20 USC 1232g(a)(1)(C) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-STUD. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- Extracted authority condition: (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.
- Extracted authority condition: 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 aggre- gate form that does not identify any individ- ual, 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 identifiable information contained in such records, of the student will not be disclosed by such agency or organization,...
- Extracted authority condition: (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.
- Extracted authority condition: 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.
- Extracted authority condition: (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.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic + Specified
- Nara authority rows: 20 USC 1232g(a)(1)(C) | status: Basic | banner: CUI || 25 CFR 43.14 | status: Basic | banner: CUI || 25 CFR 43.22 | status: Specified | banner: CUI//SP-STUD || 34 CFR 99.30(a) | status: Basic | banner: CUI || 34 CFR 99.31(a)(6)(ii) | status: Basic | banner: CUI || 34 CFR 99.33(a)(1) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-STUD
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: 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 aggre- gate form that does not identify any individ- ual, 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 identifiable information contained in such records, of the student will not be disclosed by such agency or organization,...
- Extracted authority control: (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.
- Extracted authority control: (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,...
- Extracted authority control: (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.
- Extracted authority control: (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.
- Extracted authority control: (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 per- petrator of any crime of violence (as that term is defined in section 16 of title 18), or a nonforc- ible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institu- tion’s rules or policies with respect to such crime or offense.
- Extracted authority control: (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.
Authority excerpts
Most relevant extracted authority passage
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 aggre- gate form that does not identify any individ- ual, 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 identifiable information contained in such records, of the student will not be disclosed by such agency or organization,...
Extracted authority passage 2
(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.
Extracted authority passage 3
(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,...
Extracted authority passage 4
(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.
Extracted authority passage 5
(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.
Extracted authority passage 6
(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.
34 CFR 99.30(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 34 CFR 99.30(a) | status: Basic | banner: CUI.
- DoD authority row: 34 CFR 99.30(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 34 CFR 99.30(a) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- 34 CFR Subtitle A (7–1–18 Edition) § 99.30
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope used with this authority: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- 34 CFR 99.30(a) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-STUD. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- Extracted authority condition: (Authority: 20 U.S.C. 1232g(a)(2)) Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Infor- mation From Education Records? § 99.30 Under what conditions is prior consent required to disclose infor- mation? (a) The parent or eligible student shall provide a signed and dated writ- ten consent before an educational agency or institution discloses person- ally identifiable information from the student’s education records, except as provided in § 99.31.
- Extracted authority condition: (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 in- stitution 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 dis- closed.
- Extracted authority condition: (B) A contractor, consultant, volun- teer, or other party to whom an agency or institution has outsourced institu- tional services or functions may be considered a school official under this paragraph provided that the outside party— (1) Performs an institutional service or function for which the agency or in- stitution would otherwise use employ- ees; (2) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and
- Extracted authority condition: (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; 69 FR 21671, Apr. 21, 2004] § 99.31 Under what conditions is prior consent not required to disclose in- formation? (a) An educational agency or institu- tion may disclose personally identifi- able information from an education record of a student without the consent required by § 99.30 if the disclosure meets one or more of the following con- ditions: (1)(i)(A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has deter- mined to have legitimate educational interests.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic + Specified
- Nara authority rows: 20 USC 1232g(a)(1)(C) | status: Basic | banner: CUI || 25 CFR 43.14 | status: Basic | banner: CUI || 25 CFR 43.22 | status: Specified | banner: CUI//SP-STUD || 34 CFR 99.30(a) | status: Basic | banner: CUI || 34 CFR 99.31(a)(6)(ii) | status: Basic | banner: CUI || 34 CFR 99.33(a)(1) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-STUD
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (Authority: 20 U.S.C. 1232g(a)(2)) Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Infor- mation From Education Records? § 99.30 Under what conditions is prior consent required to disclose infor- mation? (a) The parent or eligible student shall provide a signed and dated writ- ten consent before an educational agency or institution discloses person- ally identifiable information from the student’s education records, except as provided in § 99.31.
Authority excerpts
Most relevant extracted authority passage
(Authority: 20 U.S.C. 1232g(a)(2)) Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Infor- mation From Education Records? § 99.30 Under what conditions is prior consent required to disclose infor- mation? (a) The parent or eligible student shall provide a signed and dated writ- ten consent before an educational agency or institution discloses person- ally identifiable information from the student’s education records, except as provided in § 99.31.
Extracted authority passage 2
(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 in- stitution 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 dis- closed.
Extracted authority passage 3
(B) A contractor, consultant, volun- teer, or other party to whom an agency or institution has outsourced institu- tional services or functions may be considered a school official under this paragraph provided that the outside party— (1) Performs an institutional service or function for which the agency or in- stitution would otherwise use employ- ees; (2) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and
Extracted authority passage 4
(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; 69 FR 21671, Apr. 21, 2004] § 99.31 Under what conditions is prior consent not required to disclose in- formation? (a) An educational agency or institu- tion may disclose personally identifi- able information from an education record of a student without the consent required by § 99.30 if the disclosure meets one or more of the following con- ditions: (1)(i)(A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has deter- mined to have legitimate educational interests.
34 CFR 99.31(a)(6)(ii)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 34 CFR 99.31(a)(6)(ii) | status: Basic | banner: CUI.
- DoD authority row: 34 CFR 99.31(a)(6)(ii). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 34 CFR 99.31(a)(6)(ii) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- 34 CFR Subtitle A (7–1–18 Edition) § 99.30
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope used with this authority: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- 34 CFR 99.31(a)(6)(ii) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-STUD. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- Extracted authority condition: (2) An educational agency or institu- tion, or a party that has received edu- cation records or information from education records under this part, may release de-identified student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information re- ceived from the same source, provided that— (i) An educational agency or institu- tion or other party that releases de- identified data under paragraph (b)(2) of this section does not disclose any in- formation about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code; (ii) The record code is used for no purpose other than identifying a de- identified record for purposes of edu- cation research and cannot be used to ascertain personally identifiable infor- mation about a student; and
- Extracted authority condition: An educational agency or insti- tution, or a party that has received education records or information from education records under this part, may release the records or information without the consent required by § 99.30 after the removal of all personally identifiable information provided that the educational agency or institution or other party has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, and taking into account other reason- ably available information.
- Extracted authority condition: 268 34 CFR Subtitle A (7–1–18 Edition) § 99.31 headed by an official listed in para- graph (a)(3) of this section may redis- close personally identifiable informa- tion under paragraph (a)(6)(i) and (a)(6)(ii) of this section, only if— (A) The study is conducted in a man- ner that does not permit personal iden- tification of parents and students by individuals other than representatives of the organization that have legiti- mate interests in the information; (B) The information is destroyed when no longer needed for the purposes for which the study was conducted; and (C) The educational agency or insti- tution or the State or local educational authority or agency headed by an offi- cial listed in paragraph (a)(3) of this section enters into a written agree- ment with the organization that— (1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (3) Requires the organization to con- duct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representa- tives of the organization with legiti- mate interests;...
- Extracted authority condition: (Authority: 20 U.S.C. 1232g(a)(2)) Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Infor- mation From Education Records? § 99.30 Under what conditions is prior consent required to disclose infor- mation? (a) The parent or eligible student shall provide a signed and dated writ- ten consent before an educational agency or institution discloses person- ally identifiable information from the student’s education records, except as provided in § 99.31.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic + Specified
- Nara authority rows: 20 USC 1232g(a)(1)(C) | status: Basic | banner: CUI || 25 CFR 43.14 | status: Basic | banner: CUI || 25 CFR 43.22 | status: Specified | banner: CUI//SP-STUD || 34 CFR 99.30(a) | status: Basic | banner: CUI || 34 CFR 99.31(a)(6)(ii) | status: Basic | banner: CUI || 34 CFR 99.33(a)(1) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-STUD
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (2) An educational agency or institu- tion, or a party that has received edu- cation records or information from education records under this part, may release de-identified student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information re- ceived from the same source, provided that— (i) An educational agency or institu- tion or other party that releases de- identified data under paragraph (b)(2) of this section does not disclose any in- formation about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code; (ii) The record code is used for no purpose other than identifying a de- identified record for purposes of edu- cation research and cannot be used to ascertain personally identifiable infor- mation about a student; and
- Extracted authority control: (ii) The institution may not disclose the name of any other student, includ- ing a victim or witness, without the prior written consent of the other stu- dent.
- Extracted authority control: (Authority: 20 U.S.C. 1232g(a)(2)) Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Infor- mation From Education Records? § 99.30 Under what conditions is prior consent required to disclose infor- mation? (a) The parent or eligible student shall provide a signed and dated writ- ten consent before an educational agency or institution discloses person- ally identifiable information from the student’s education records, except as provided in § 99.31.
- Extracted authority control: (Authority: 20 U.S.C. 1232g(b)(1)(D)) (5)(i) The disclosure is to State and local officials or authorities to whom this information is specifically— (A) Allowed to be reported or dis- closed pursuant to State statute adopt- ed before November 19, 1974, if the al- lowed reporting or disclosure concerns the juvenile justice system and the sys- tem’s ability to effectively serve the student whose records are released; or (B) Allowed to be reported or dis- closed pursuant to State statute adopt- ed after November 19, 1974, subject to the requirements of § 99.38.
- Extracted authority control: An educational agency or insti- tution, or a party that has received education records or information from education records under this part, may release the records or information without the consent required by § 99.30 after the removal of all personally identifiable information provided that the educational agency or institution or other party has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, and taking into account other reason- ably available information.
- Extracted authority control: 268 34 CFR Subtitle A (7–1–18 Edition) § 99.31 headed by an official listed in para- graph (a)(3) of this section may redis- close personally identifiable informa- tion under paragraph (a)(6)(i) and (a)(6)(ii) of this section, only if— (A) The study is conducted in a man- ner that does not permit personal iden- tification of parents and students by individuals other than representatives of the organization that have legiti- mate interests in the information; (B) The information is destroyed when no longer needed for the purposes for which the study was conducted; and (C) The educational agency or insti- tution or the State or local educational authority or agency headed by an offi- cial listed in paragraph (a)(3) of this section enters into a written agree- ment with the organization that— (1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (3) Requires the organization to con- duct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representa- tives of the organization with legiti- mate interests;...
- Extracted authority control: (8) The disclosure is to parents, as de- fined in § 99.3, of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986.
Authority excerpts
Most relevant extracted authority passage
(2) An educational agency or institu- tion, or a party that has received edu- cation records or information from education records under this part, may release de-identified student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information re- ceived from the same source, provided that— (i) An educational agency or institu- tion or other party that releases de- identified data under paragraph (b)(2) of this section does not disclose any in- formation about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code; (ii) The record code is used for no purpose other than identifying a de- identified record for purposes of edu- cation research and cannot be used to ascertain personally identifiable infor- mation about a student; and
Extracted authority passage 2
(ii) The institution may not disclose the name of any other student, includ- ing a victim or witness, without the prior written consent of the other stu- dent.
Extracted authority passage 3
(Authority: 20 U.S.C. 1232g(a)(2)) Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Infor- mation From Education Records? § 99.30 Under what conditions is prior consent required to disclose infor- mation? (a) The parent or eligible student shall provide a signed and dated writ- ten consent before an educational agency or institution discloses person- ally identifiable information from the student’s education records, except as provided in § 99.31.
Extracted authority passage 4
(Authority: 20 U.S.C. 1232g(b)(1)(D)) (5)(i) The disclosure is to State and local officials or authorities to whom this information is specifically— (A) Allowed to be reported or dis- closed pursuant to State statute adopt- ed before November 19, 1974, if the al- lowed reporting or disclosure concerns the juvenile justice system and the sys- tem’s ability to effectively serve the student whose records are released; or (B) Allowed to be reported or dis- closed pursuant to State statute adopt- ed after November 19, 1974, subject to the requirements of § 99.38.
Extracted authority passage 5
An educational agency or insti- tution, or a party that has received education records or information from education records under this part, may release the records or information without the consent required by § 99.30 after the removal of all personally identifiable information provided that the educational agency or institution or other party has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, and taking into account other reason- ably available information.
Extracted authority passage 6
268 34 CFR Subtitle A (7–1–18 Edition) § 99.31 headed by an official listed in para- graph (a)(3) of this section may redis- close personally identifiable informa- tion under paragraph (a)(6)(i) and (a)(6)(ii) of this section, only if— (A) The study is conducted in a man- ner that does not permit personal iden- tification of parents and students by individuals other than representatives of the organization that have legiti- mate interests in the information; (B) The information is destroyed when no longer needed for the purposes for which the study was conducted; and (C) The educational agency or insti- tution or the State or local educational authority or agency headed by an offi- cial listed in paragraph (a)(3) of this section enters into a written agree- ment with the organization that— (1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (3) Requires the organization to con- duct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representa- tives of the organization with legiti- mate interests;...
34 CFR 99.33(a)(1)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 34 CFR 99.33(a)(1) | status: Basic | banner: CUI.
- DoD authority row: 34 CFR 99.33(a)(1). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 34 CFR 99.33(a)(1) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- section must provide a copy of the
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope used with this authority: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- 34 CFR 99.33(a)(1) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-STUD. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: As per 20 USC 1232g, the Family Educational Rights and Privacy Act of 1974, an education record which is comprised of those records which are directly related to a student.
- DoD category scope: Personally identifiable information from records directly related to a student. This includes the records of foreign students enrolled in DoD educational facilities.
- Extracted authority condition: (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 § 99.31(a)(1); (3) A party with written consent from the parent or eligible student; (4) A party seeking directory infor- mation; or (5) A party seeking or receiving records in accordance with § 99.31(a)(9)(ii)(A) through (C).
- Extracted authority condition: (2) A party that receives a court order or lawfully issued subpoena and rediscloses personally identifiable in- formation from education records on behalf of an educational agency or in- stitution in response to that order or subpoena under § 99.31(a)(9) must pro- vide the notification required under § 99.31(a)(9)(ii).
- Extracted authority condition: (2) The school official or his or her assistants who are responsible for the custody of the records.
- Extracted authority condition: (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; 73 FR 74853, Dec. 9, 2008] § 99.33 What limitations apply to the redisclosure of information? (a)(1) An educational agency or insti- tution may disclose personally identifi- able information from an education record only on the condition that the party to whom the information is dis- closed will not disclose the information to any other party without the prior consent of the parent or eligible stu- dent.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic + Specified
- Nara authority rows: 20 USC 1232g(a)(1)(C) | status: Basic | banner: CUI || 25 CFR 43.14 | status: Basic | banner: CUI || 25 CFR 43.22 | status: Specified | banner: CUI//SP-STUD || 34 CFR 99.30(a) | status: Basic | banner: CUI || 34 CFR 99.31(a)(6)(ii) | status: Basic | banner: CUI || 34 CFR 99.33(a)(1) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-STUD
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (3) Those parties authorized in § 99.31(a) (1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institu- tion.
- Extracted authority control: (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; 73 FR 74853, Dec. 9, 2008] § 99.33 What limitations apply to the redisclosure of information? (a)(1) An educational agency or insti- tution may disclose personally identifi- able information from an education record only on the condition that the party to whom the information is dis- closed will not disclose the information to any other party without the prior consent of the parent or eligible stu- dent.
- Extracted authority control: (d) An educational agency or institu- tion must inform a party to whom dis- closure is made of the requirements of paragraph (a) of this section except for disclosures made under §§ 99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to in- formation that postsecondary institu- tions are required to disclose under the Clery Act to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleg- ing a sexual offense.
Authority excerpts
Most relevant extracted authority passage
(3) Those parties authorized in § 99.31(a) (1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institu- tion.
Extracted authority passage 2
(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; 73 FR 74853, Dec. 9, 2008] § 99.33 What limitations apply to the redisclosure of information? (a)(1) An educational agency or insti- tution may disclose personally identifi- able information from an education record only on the condition that the party to whom the information is dis- closed will not disclose the information to any other party without the prior consent of the parent or eligible stu- dent.
Extracted authority passage 3
(d) An educational agency or institu- tion must inform a party to whom dis- closure is made of the requirements of paragraph (a) of this section except for disclosures made under §§ 99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to in- formation that postsecondary institu- tions are required to disclose under the Clery Act to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleg- ing a sexual offense.
Extracted authority passage 4
(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 § 99.31(a)(1); (3) A party with written consent from the parent or eligible student; (4) A party seeking directory infor- mation; or (5) A party seeking or receiving records in accordance with § 99.31(a)(9)(ii)(A) through (C).
Extracted authority passage 5
(2) A party that receives a court order or lawfully issued subpoena and rediscloses personally identifiable in- formation from education records on behalf of an educational agency or in- stitution in response to that order or subpoena under § 99.31(a)(9) must pro- vide the notification required under § 99.31(a)(9)(ii).
Extracted authority passage 6
(2) The school official or his or her assistants who are responsible for the custody of the records.