Page:United States Statutes at Large Volume 88 Part 2.djvu/544

 1860

PUBLIC LAW 93-568-DEC. 31, 1974

[88 STAT.

and documents of such law enforcement unit which (I) are kept apart from records described in subparagraph (A), ( II) are maintained solely for law enforcement purposes, and ( III) are not made available to persons other than law enforcement officials of the same jurisdiction; "(iii) in the case of persons who are emploj^ed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or "(iv) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice. fo'^^'Ton'"'^ '"" "(^) ( ^) -^^^ ^^® purposes of this section the term 'directory information' relating to a student includes the following: the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. " (B) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent's prior consent,". Ante, p. 571. (3) gection 438(a)(1) of such Act is amended by inserting " (A) " after section "SEC. 438. (a)(1) " and adding at the end thereof the following new subparagraph: Certain mate" (B) The first sentcuce of subparagraph (A) shall not operate to to^stude^nts^in ^^ make available to students in institutions of postsecondary education postsecondary in- thB followiugmaterials: strictionr' '^^' " (i) financial records of the parents of the student or any information contained therein; "(ii) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended; "(iii) if the student has signed a waiver of the student's right of access under this subsection in accordance with subparagraph (C), confidential recommendations— " (I) respecting admission to any educational agency or institution, " ( II) respecting an application for employment, and " ( III) respecting the receipt of an honor or honorary recognition. w"^"^" (C) A student or a person applying for admission may waive his right of access to confidential statements described in clause (iii) of subparagraph (B), except that such waiver shall apply to recommendations only if (i) the student is, upon request, notified of the

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