34 C.F.R. § 99.33

What limitations apply to the redisclosure of information?

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(a)(1) An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student.

(2) The officers, employees, and agents of a party that receives information under paragraph (a)(1) of this section may use the information, but only for the purposes for which the disclosure was made.

(b)(1) Paragraph (a) of this section does not prevent an educational agency or institution from disclosing personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if—

(i) The disclosures meet the requirements of § 99.31; and

(ii)(A) The educational agency or institution has complied with the requirements of § 99.32(b); or

(B) A State or local educational authority or Federal official or agency listed in § 99.31(a)(3) has complied with the requirements of § 99.32(b)(2).

(2) A party that receives a court order or lawfully issued subpoena and rediscloses personally identifiable information from education records on behalf of an educational agency or institution in response to that order or subpoena under § 99.31(a)(9) must provide the notification required under § 99.31(a)(9)(ii).

(c) Paragraph (a) of this section does not apply to disclosures under §§ 99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to information that postsecondary institutions are required to disclose under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f) (Clery Act), to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense.

(d) An educational agency or institution must inform a party to whom disclosure is made of the requirements of paragraph (a) of this section except for disclosures made under §§ 99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to information that postsecondary institutions are required to disclose under the Clery Act to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense.

(Authority: 20 U.S.C. 1232g(b)(4)(B)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 65 FR 41853, July 6, 2000; 73 FR 74853, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011]

Notes of Decisions

Cited in 4 cases, 1990–2018 · leading case: Osborn v. Bd. of Regents of the Univ. of Wisconsin Sys., 2001 WI App 209 (Wis. Ct. App. 2001).

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Osborn v. Bd. of Regents of the Univ. of Wisconsin Sys., 2001 WI App 209 (Wis. Ct. App. 2001). · cites it 4× “§§ 99.31 , 99.33, 99.34. The Secretary's regulations, which specifically prohibit "redisclosure" by a party that did not create the record without the prior consent of the parent or student, confirm that the nature of education records remains unchanged in the hands of the…”

Arthur West v. Tesc Bd. Of Trs., 414 P.3d 614 (Wash. Ct. App. 2018). · cites it 2× “§ 1232g(b)(4)(B); 34 C.F.R. § 99.33 (a)(1). 2. What FERPA “Requires” West’s primary argument is that FERPA cannot qualify as an “other statute” because it fails to “clearly or expressly require anything.”

Osborn v. Bd. of Regents of Univ. Of Wisconsin, 2001 WI App 209 (Wis. Ct. App. 2001). · cites it 4× “The Secretary's regulations, which specifically prohibit "redisclosure" by a party that did not create the record without the prior consent of the parent or student, confirm that the nature of education records remains unchanged in the hands of the recipient.”

Opinion No. (Ark. Att'y Gen. 1990). · cites it 2× “Any such disclosure by a campus law enforcement unit, however, would be subject to the limitations on redisclosure set forth in 34 C.F.R. 99.33 . Briefly, 34 C.F.R. 99.33 provides that an educational institution may disclose personally identifiable information from an education…”

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