The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(1)(K), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (b)(1)(K), is Pub. L. 89–642,
Section 3 of the Child Abuse Prevention and Treatment Act, referred to in subsec. (b)(2)(B), is section 3 of Pub. L. 93–247, which is set out as a note under section 5101 of Title 42, The Public Health and Welfare.
Section 14071 of title 42, referred to in subsec. (b)(7)(A), was repealed by Pub. L. 109–248, title I, § 129(a),
This Act, referred to in subsec. (i)(1), is Pub. L. 90–247,
The Higher Education Act of 1965, referred to in subsec. (i)(1), is Pub. L. 89–329,
A prior section 444 of Pub. L. 90–247 was classified to section 1233c of this title prior to repeal by Pub. L. 103–382.
2013—Subsec. (b)(1)(L). Pub. L. 112–278, § 2(1), added subpar. (L).
Subsec. (b)(2)(B). Pub. L. 112–278, § 2(2), inserted “, except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note)) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required” after “educational institution or agency”.
2010—Subsec. (b)(1)(K). Pub. L. 111–296, which directed that par. (1) be amended by adding subpar. (K) “at the end”, was executed by adding subpar. (K) after subpar. (J), to reflect the probable intent of Congress.
2002—Subsec. (a)(1)(B). Pub. L. 107–110, § 1062(3)(A), realigned margins.
Subsec. (b)(1). Pub. L. 107–110, § 1062(3)(C), substituted “subparagraph (E)” for “clause (E)” in concluding provisions.
Subsec. (b)(1)(J). Pub. L. 107–110, § 1062(3)(B), realigned margins.
Subsec. (b)(7). Pub. L. 107–110, § 1062(3)(D), realigned margins.
2001—Subsec. (j). Pub. L. 107–56 added subsec. (j).
2000—Subsec. (b)(7). Pub. L. 106–386 added par. (7).
1998—Subsec. (b)(1)(C). Pub. L. 105–244, § 951(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “authorized representatives of (i) the Comptroller General of the United States, (ii) the Secretary, or (iii) State educational authorities, under the conditions set forth in paragraph (3) of this subsection;”.
Subsec. (b)(6). Pub. L. 105–244, § 951(2), designated existing provisions as subpar. (A), substituted “or a nonforcible sex offense, the final results” for “the results”, substituted “such crime or offense” for “such crime” in two places, and added subpars. (B) and (C).
Subsec. (i). Pub. L. 105–244, § 952, added subsec. (i).
1994—Subsec. (a)(1)(B). Pub. L. 103–382, § 249(1)(A)(ii), added subpar. (B). Former subpar. (B) redesignated (C).
Subsec. (a)(1)(C). Pub. L. 103–382, § 249(1)(A)(i), (iii), redesignated subpar. (B) as (C) and substituted “subparagraph (D)” for “subparagraph (C)” in cl. (iii). Former subpar. (C) redesignated (D).
Subsec. (a)(1)(D). Pub. L. 103–382, § 249(1)(A)(i), (iv), redesignated subpar. (C) as (D) and substituted “subparagraph (C)” for “subparagraph (B)”.
Subsec. (a)(2). Pub. L. 103–382, § 249(1)(B), substituted “privacy rights” for “privacy or other rights”.
Subsec. (a)(4)(B)(ii). Pub. L. 103–382, § 261(h)(1), substituted semicolon for period at end.
Subsec. (b)(1)(A). Pub. L. 103–382, § 249(2)(A)(i), inserted before semicolon “, including the educational interests of the child for whom consent would otherwise be required”.
Subsec. (b)(1)(C). Pub. L. 103–382, § 261(h)(2)(A), substituted “or (iii)” for “(iii) an administrative head of an education agency (as defined in section 1221e–3(c) of this title), or (iv)”.
Subsec. (b)(1)(E). Pub. L. 103–382, § 249(2)(A)(ii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to
Subsec. (b)(1)(H). Pub. L. 103–382, § 261(h)(2)(B), substituted “the Internal Revenue Code of 1986” for “the Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Subsec. (b)(1)(J). Pub. L. 103–382, § 249(2)(A)(iii)–(v), added subpar. (J).
Subsec. (b)(2). Pub. L. 103–382, § 249(2)(B)(i), which directed amendment of matter preceding subpar. (A) by substituting “, unless—” for the period, was executed by substituting a comma for the period before “unless—” to reflect the probable intent of Congress.
Subsec. (b)(2)(B). Pub. L. 103–382, § 249(2)(B)(ii), inserted “except as provided in paragraph (1)(J),” before “such information”.
Subsec. (b)(3). Pub. L. 103–382, § 261(h)(2)(C), substituted “or (C)” for “(C) an administrative head of an education agency or (D)” and “education programs” for “education program”.
Subsec. (b)(4). Pub. L. 103–382, § 249(2)(C), inserted at end “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.”
Subsec. (c). Pub. L. 103–382, § 249(3), substituted “Not later than 240 days after
Subsec. (d). Pub. L. 103–382, § 261(h)(3), inserted a comma after “education”.
Subsec. (e). Pub. L. 103–382, § 249(4), inserted “effectively” before “informs”.
Subsec. (f). Pub. L. 103–382, § 261(h)(4), struck out “, or an administrative head of an education agency,” after “The Secretary” and substituted “enforce this section” for “enforce provisions of this section”, “in accordance with” for “according to the provisions of”, and “comply with this section” for “comply with the provisions of this section”.
Subsec. (g). Pub. L. 103–382, § 261(h)(5), struck out “of Health, Education, and Welfare” after “the Department” and “the provisions of” after “adjudicating violations of”.
Subsec. (h). Pub. L. 103–382, § 249(5), added subsec. (h).
1992—Subsec. (a)(4)(B)(ii). Pub. L. 102–325 amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if the personnel of a law enforcement unit do not have access to education records under subsection (b)(1) of this section, the records 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;”.
1990—Subsec. (b)(6). Pub. L. 101–542 added par. (6).
1979—Subsec. (b)(5). Pub. L. 96–46 added par. (5).
1974—Subsec. (a)(1). Pub. L. 93–568, § 2(a)(1)(A)–(C), (2)(A)–(C), (3), designated existing par. (1) as subpar. (A), substituted reference to educational agencies and institutions for reference to state or local educational agencies, institutions of higher education, community colleges, schools, agencies offering preschool programs, and other educational institutions, substituted the generic term education records for the enumeration of such records, and extended the right to inspect and review such records to parents of children who have been in attendance, and added subpars. (B) and (C).
Subsec. (a)(2). Pub. L. 93–568, § 2(a)(4), substituted provisions making the availability of funds to educational agencies and institutions conditional on the granting of an opportunity for a hearing to parents of students who are or have been in attendance at such institution or agency to challenge the contents of the student’s education records for provisions granting the parents an opportunity for such hearing, and inserted provisions authorizing insertion into the records a written explanation of the parents respecting the content of such records.
Subsec. (a)(3) to (6). Pub. L. 93–568, § 2(a)(1)(G), (2)(F), (5), added pars. (3) to (6).
Subsec. (b)(1). Pub. L. 93–568, § 2(a)(1)(D), (2)(D), (6), (8)(A)–(C), (10)(A), in provisions preceding subpar. (A), substituted “educational agency or institution which has a policy of permitting the release of education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a))” for “state or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of permitting the release of personally identifiable records or files (or personal information contained therein)”, in subpar. (A), substituted “educational agency, who have been determined by such agency or institution to have” for “educational agency who have”, in subpar. (B), substituted “the student seeks or intends to” for “the student intends to”, in subpar. (C), substituted reference to “section 408(c)” for reference to “section 409 of this Act” which for purposes of codification has been translated as “section 1221e–3(c) of this title”, and added subpars. (E) to (I).
Subsec. (b)(2). Pub. L. 93–568, § 2(a)(1)(E), (2)(E), substituted “educational agency or institution which has a policy or practice of 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” for “state or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) of this section”.
Subsec. (b)(3). Pub. L. 93–568, § 2(a)(8)(D), substituted “information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements” for “data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include information (including social security numbers) which would permit the personal identification of such students or their parents after the data so obtained has been collected”.
Subsec. (b)(4). Pub. L. 93–568, § 2(a)(9), substituted provisions that each educational agency or institution maintain a record, kept with the education records of each student, indicating individuals, agencies, or organizations who obtained access to the student’s record and the legitimate interest in obtaining such information, that such record of access shall be available only to parents, school officials, and their assistants having responsibility for the custody of such records, and as a means of auditing the operation of the system, for provisions that with respect to subsecs. (c)(1), (c)(2), and (c)(3) of this section, all persons, agencies, or organizations desiring access to the records of a student shall be required to sign forms to be kept with the records of the student, but only for inspection by the parents or the student, indicating specifically the legitimate educational or other interest of the person seeking such information, and that the form shall be available to parents and school officials having responsibility for record maintenance as a means of auditing the operation of the system.
Subsec. (e). Pub. L. 93–568, § 2(a)(1)(F), substituted “to any educational agency or institution unless such agency or institution” for “unless the recipient of such funds”.
Subsec. (g). Pub. L. 93–568, § 2(a)(7), (10)(B), struck out reference to sections 1232c and 1232f of this title and inserted provisions that except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.
Amendment by Pub. L. 111–296 effective
Amendment by Pub. L. 107–110 effective
Amendment by Pub. L. 105–244 effective
Pub. L. 102–325, title XV, § 1555(b),
Amendment by Pub. L. 96–46 effective
Pub. L. 93–568, § 2(b),
Pub. L. 93–380, title V, § 513(b)(1),