What are and are not education records?

Education records are records that are:

  • directly related to a student and
  • maintained by the institution or by a party acting for the institution

Examples of education records are exams, class assignments, class schedules, and transcripts.

The term "education records" does not include the following:

  • Records of instructional, supervisory, administrative, and certain educational information that is in the sole possession of the maker thereof, and are not accessible or revealed to any other individual.
  • Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement.
  • Records relating to individuals who are employed by the institution, which are made and maintained in the normal course of business, relate exclusively to the individuals in their capacity as employees, and are not available for use for any other purpose. Records of individuals who are employed as a result of their status as students (for example, work study students) are education records.
  • Records related to students which are:
    • Created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional capacity or assisting in a paraprofessional capacity.
    • Used solely in connection with the provision of treatment to the student.
    • Not disclosed to anyone other than individuals providing such treatment.

 

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