RECORD OF ACCESS  
 
Authorities:  34 C.F.R. Parts 99 and 300; Texas Family Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P An educational agency or institution must:  99.32(a)(1)
300.614

D 99.32(a)(1)
300.614

D
  • Include in the record of access a listing of authorities, officials, and agencies that may make further disclosures of the student's education records under the REDISCLOSURE OF INFORMATION framework in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. 
99.32(a)(1)
99.31(a)(3)
99.33(b)
99.35

REQUIRED ENTRIES


P 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; and
99.32(a)(3)(ii)
300.614

D
  • The date access was given.
300.614

P If an educational agency or institution discloses personally identifiable information from an education record as permitted for REDISCLOSURE OF INFORMATION, except when a record of access is maintained by a state or local educational authority or federal official or agency who has access to records for auditing purposes, the record of access must include: 99.32(b)(1)
99.32(b)(2)

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)(i)

D 99.32(b)(1)(ii)

P When an educational agency or institution discloses personally identifiable information from education records under the health or safety emergency exception, according to the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, it must record the following information: 99.32(a)(5)
99.31(a)(10)
99.36

D
  • The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and
99.32(a)(5)(i)

D
  • The parties to whom the agency or institution disclosed the information.
99.32(a)(5)(ii)

OTHER GOVERNMENT AGENCIES' RECORDS OF ACCESS


P When a state or local educational authority or federal official or agency has access to education records in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs, makes further disclosures of information from education records according to the REDISCLOSURE OF INFORMATION framework, the auditing authority, official or agency must: 99.32(b)(2)(i)
99.31(a)(3)
99.33(b)
99.35

D
  • Record the names of the additional parties to which it discloses information on behalf of an educational agency or institution; and
99.32(b)(2)(i)

D 99.32(b)(2)(i)
99.31

P
    • An educational agency or institution that has not recorded the further disclosures as part of its record of access entries; or
99.32(b)(2)(i)(A)
99.31(b)(1)

P 99.32(b)(2)(i)(B)
99.31(a)(3)
99.35

P The auditing authority, official, or agency record of access may maintain the record of access by the student's class, school, district, or other appropriate grouping rather than by the name of the student. 99.32(b)(2)(ii)
99.32(b)(2)(i)

P Upon request of an educational agency or institution, the auditing authority, official or agency that maintains the record of access of further disclosures must provide a copy of the record of access of further disclosures to the educational agency or institution within a reasonable period of time not to exceed 30 days. 99.32(b)(2)(iii)
99.32(b)(2)(i)
99.31(a)(3)
99.35

P Upon request from the parent or eligible student to review the student's record of disclosures, the educational agency or institution must obtain a copy of the record of further disclosures as required in the REDISCLOSURE OF INFORMATION framework to be maintained by a state or local educational authority or federal official or agency and make it available in response to a parent's or eligible student's request to review the student's record of disclosures. 99.32(a)(4)
99.32(b)(2)
99.32(a)(1)

PARTIES NOT REQUIRED TO BE ENTERED ON THE RECORD OF ACCESS


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

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 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)

RETENTION AND INSPECTION OF RECORD OF ACCESS


P 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)

P A record of access for disclosure of personally identifiable information to a juvenile service provider as permitted by the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, must be maintained for seven years from the date of disclosure. TX Family Code 58.0051(c)

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

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 by:
99.32(c)(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: Wednesday, January 31, 2018