Page:United States Statutes at Large Volume 88 Part 2.djvu/543

 88 STAT. ]

PUBLIC LAW 93-568-DEC. 31, 1974

1859 Ante,

p. 571.

(G) Section 438(a) of such Act is amended by inserting at the end thereof the following new paragraph: Educational "(3) For the purposes of this section the term 'educational agency agency or instituor institution' means any public or private agency or institution which tion. is the recipient of funds under any applicable program.". (2)(A) The first sentence of section 438(a)(1) of such Act is amended by striking out "any and all official records, files, and data directly related to their children, including all material that is incorporated into each student's cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns." and inserting in lieu thereof "the education records of their children.". (B)(i) The second sentence of such section is amended by striking out "Where such records or data include" and inserting in lieu thereof "If any material or document in the education record of a student includes". (ii) Such second sentence is amended by striking out "any student shall be entitled to receive, or be informed of, that part of such record or data as pertains to their child" and inserting in lieu thereof "one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material". (C) The third sentence of such section is amended by striking out "their child's school records" and inserting in lieu thereof "the education records of their children". (D) Section 438(b)(1) of such Act is amended by striking out "personally identifiable records or files (or personal information contained therein)" and inserting in lieu thereof "education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a)) ". (E) Paragraph (2) of such section is amended by striking out "furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) " and inserting in lieu thereof "releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection.". (F) Section 438(a) of such Act is amended by adding at the end thereof the following new paragraphs: "(4)(A) For the purposes of this section, the term 'education rec- r e c o r d s. ,^13^"^^/'°" ords' 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. " (B) The term 'education records' does not include—• "(i) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; "(ii) if the personnel of a law enforcement unit do not have access to education records under subsection (b)(1), the records

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