Federal Regulations Related to
Student Privacy
Family Educational Rights and Privacy, 34 CFR Part 99
Printed in the Federal Register, April 11 , 1988, pages 11942-11958.
Section 99.31 Under what conditions is prior consent not required to disclosure
information?
[a] An educational agency or institution may disclose personally Identifiable
information from an education record of a student without the consent required by Section 99:30 if the disclosure meets one or more of the following
conditions (note: only conditions numbers one and six are included in this
excerpt. The other ten conditions do not apply for 51 research purposes):
[1] The disclosure is to other school officials, including teachers, within the
agency or institution whom the agency or institution has determined to have
legitimate educational interests.
[6] [i] The disclosure is to organizations conducting studies for, or on behalf of,
educational agencies or institutions to
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[A] Develop, validate, or administer predictive tests;
[B] Administer student aid programs;
[C] Improve instruction]
[ii] The agency or institution may disclose information under paragraph [a]
[1] [i] of this section only if
[A] The study is conducted in a manner that does not permit personal identification
of parents and students by individuals other than representatives of the
organizations; and
[B] The information is destroyed when no longer needed for the purposes for
which the study was conducted.
[iii] For purposes of paragraph [a] [6] of this section, the term "organization"
includesl but is not limited to, Federal, State, and local agencies, and indepenĀ·
dent organiza tions.