Page:United States Statutes at Large Volume 108 Part 5.djvu/436

 108 STAT. 3926 PUBLIC LAW 103-382—OCT. 20, 1994 to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena."; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking the period and inserting ", unless—"; and (ii) in subparagraph (B), by inserting "except as provided in paragraph (1)(J),'' before "such information"; and (C) in subparagraph (B) of paragraph (4), by adding at the end the following new sentence: "If a third party outside the educational agency or institution permits access to information in violation of paragraph (2)(A), or fails to destroy information in violation of paragraph (1)(F), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years."; Regulations. (3) in subsection (c), by striking "The Secretary shall adopt appropriate regulations to" and inserting "Not later than 240 days after the date of enactment of the Improving America's Schools Act of 1994, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which"; (4) in subsection (e), by inserting "effectively" before "informs"; and (5) by adding at the end the following new subsection: "(h) Nothing in this section shall prohibit an educational agency or institution from— "(1) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community; or "(2) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.". SEC. 250. ENFORCEMENT. (a) RECOVERY OF FUNDS.— Section 452 of the Act (20 U.S.C. 1234a) is amended— (1) in the first sentence of paragraph (2) of subsection (a), by striking "stating" and all that follows through the end of such sentence and inserting "establishing a prima facie case for the recovery of funds, including an analysis reflecting the value of the program services actually obtained in a determination of harm to the Federal interest."; (2) in the first sentence of paragraph (1) of subsection (b), by striking "30" and inserting "60"; and (3) in subsection (d), by— (A) striking "(d) Upon" and inserting "(d)(1) Upon"; and (B) adding at the end the following new paragraph: "(2) During the conduct of such review, there shall not be any ex parte contact between the Secretary and individuals representing the Department or the recipient.".

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