RECORD OF ACCESS  
 
Authorities:  34 C.F.R. Parts 99 and 300; Texas Family Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
D An educational agency or institution must maintain a record of each request for access to and each disclosure of personally identifiable information from the education records, as defined in PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS, of each student. 99.32(a)(1)
300.614

D The educational agency or institution must maintain the record of access with the education records of the student for as long as the records are maintained. 99.32(a)(2)

D

A record of access for disclosure of personally identifiable information to a juvenile service provider as permitted by WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION, must be maintained for seven years from the date of disclosure.

TX Family Code 58.0051(c)

D For each request or disclosure, the record of access must include: 99.32(a)(3)
300.614

D
  • The name of the party who requested or received personally identifiable information from the education records;
99.32(a)(3)(i)
300.614

D
  • The legitimate interests the party had in requesting or obtaining the informationthe purpose for which the party is authorized to use the records;
99.32(a)(3)(ii)
300.614

D
  • The date access was given; and
300.614

P
  • If an educational agency or institution discloses personally identifiable information from an education record with the understanding authorized under REDISCLOSURE OF INFORMATION, the record of access must include:
99.32(b)

D
    • The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and
99.32(b)(1)

D 99.32(b)(2)

P The following parties requesting or obtaining access do not have to be entered on the record of access: 99.32(d)

P
  • The parent or eligible student;
99.32(d)(1)

P
  • A school official whom the agency or institution has determined to have a legitimate educational interest;
99.32(d)(2)
99.31(a)(1)

P
  • A party with written consent from the parent or eligible student;
99.32(d)(3)

P
  • A party seeking directory information; or
99.32(d)(4)

P
  • 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.
99.32(d)(5)
99.31(a)(9)(ii)

P The record of access may be inspected by the following parties: 99.32(c)(1)

P
  • The parent or eligible student;
99.32(c)(1)

P
  • The school official or assistants who are responsible for the custody of the records; and
99.32(c)(2)

P
  • For the purposes of auditing the recordkeeping procedures of the educational agency or institution:
99.32(c)(3)
99.31(a)(1)
99.31(a)(3)

P
    • School officials, including teachers within the agency or institution whom the agency or institution has determined to have legitimate educational interests; and
99.32(c)(3)
99.31(a)(1)

P
    • Authorized representatives of the comptroller general of the United States, the attorney general of the United States, the United States secretary of education, or state and local educational authorities.
99.32(c)(3)
99.31(a)(3)
99.35

 
 
Last Updated: Thursday, September 24, 2015