(a)(1) Law enforcement unit means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution to—
(i) Enforce any local, State, or Federal law, or refer to appropriate authorities a matter for enforcement of any local, State, or Federal law against any individual or organization other than the agency or institution itself; or
(ii) Maintain the physical security and safety of the agency or institution.
(2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.
(b)(1) Records of a law enforcement unit means those records, files, documents, and other materials that are—
(i) Created by a law enforcement unit;
(ii) Created for a law enforcement purpose; and
(iii) Maintained by the law enforcement unit.
(2) Records of a law enforcement unit does not mean—
(i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or
(ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.
(c)(1) Nothing in the Act prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, State, or Federal law.
(2) Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, including the disclosure provisions of § 99.30, while in the possession of the law enforcement unit.
(d) The Act neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records.
(Authority: 20 U.S.C. 1232g(a)(4)(B)(ii))
[60 FR 3469, Jan. 17, 1995]
Notes of Decisions
United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000).
· cites it 4× “” 34 C.F.R. § 99.8 (a)(l)(i)-(ii). “A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions .”
Culbert v. City of New York, 254 A.D.2d 385 (N.Y. App. Div. 1998).
“It does not apply to records compiled to “[m]aintain the physical security and safety of the agency or institution” (34 CFR 99.8 [a] [1] [ii]; 99.3). The material demanded in items numbered 1, 2, 6, and 7 of the plaintiffs’ notice for discovery and inspection do not fall within…”
Arthur West v. Tesc Bd. Of Trs., 414 P.3d 614 (Wash. Ct. App. 2018).
· cites it 3× “are maintained by an educational agency or institution or by a person acting for such agency or institution.” 20 U.S.C. § 1232g(a)(4)(A); 34 C.”
Rome City Sch. Dist. v. Grifasi, 10 Misc. 3d 1034 (N.Y. Sup. Ct. 2005).
““[or one that is officially authorized to] [m]aintain the physical security and safety of the agency or institution” (see 34 CFR 99.8 [a] [1] [i], [ii]). This federal statute is intended to protect records relating to an individual student’s performance.”
Bryner v. Canyons Sch. Dist., 2015 UT App 131 (Utah Ct. App. 2015).
“See 34 C.F.R. § 99.8 (b)(2) (2014). Because Bryner has failed to demonstrate that the record was both created and maintained by a law enforcement unit, he has failed to meet his burden to demonstrate that the Video is not an "education record" as defined by FERPA.”
Cincinnati Enquirer v. Univ. of Cincinnati, 2020 Ohio 5279 (Ohio Ct. Cl. 2020).
· cites it 2× “However, 34 C.F.R. 99.8(b)(1) (which applies to FERPA) provides: “Records of a law enforcement unit means those records, files, documents, and other materials that are —(i) Created by a law enforcement unit; (ii) Created for a law enforcement purpose; and (iii) Maintained by the…”
— 34 C.F.R. § 99.8(b)(1) — 1 case
Cincinnati Enquirer v. Univ. of Cincinnati, 2020 Ohio 5279 (Ohio Ct. Cl. 2020).
“However, 34 C.F.R. 99.8(b)(1) (which applies to FERPA) provides: “Records of a law enforcement unit means those records, files, documents, and other materials that are —(i) Created by a law enforcement unit; (ii) Created for a law enforcement purpose; and (iii) Maintained by the…”
— 34 C.F.R. § 99.8(d) — 1 case
Cincinnati Enquirer v. Univ. of Cincinnati, 2020 Ohio 5279 (Ohio Ct. Cl. 2020).
“However, 34 C.F.R. 99.8(b)(1) (which applies to FERPA) provides: “Records of a law enforcement unit means those records, files, documents, and other materials that are —(i) Created by a law enforcement unit; (ii) Created for a law enforcement purpose; and (iii) Maintained by the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.