Sec. 15. Definitions
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Such section ( 20 U.S.C. 1232g ) (as amended by section 14) is further amended by adding at the end the following: For purposes of this section: The term authorized representative means any individual, agency, or organization— who is an employee or contractor designated by an official listed in subsection (c)(5)(B) to conduct an activity described in clause (i), (ii), or
(iii)of subsection (c)(5)(A); and who is under the direct control of an official listed in subsection (c)(5)(B) with respect to the use and maintenance of education records. An authorized representative shall not release to any individual, agency, or organization, any education records or personally identifiable information of a student collected while serving as an authorized representative, except that an authorized representative may release such records or such information in a case in which the authorized representative is in compliance with information security requirements of subparagraphs
(A)and
(C)of subsection (b)(6), and such representative— has written consent from the student's parents specifying the education records to be released; releases such records or information to the official under whom the authorized representative is an employee or contractor; or releases such records or information— in compliance with the publically available, written agreement specifying the terms of such release and permitting such release without the written consent of the student’s parents; and under the approval of the official under whom such representative is working as an employee or contractor. The term directory information includes, with respect to a student, the student’s name, address, telephone listing, electronic mail address, date and place of birth, major field of study, grade level, and enrollment status in higher education, dates of attendance, participation in officially recognized activities and sports, weight and height (if the student is a member of an athletic team for an official game program or roster at an educational agency or institution), dates of attendance, degrees, honors and awards received, and the name of the educational agency or institution most recently attended by the student. The term educational agency or institution means any public or private elementary school or secondary school, local educational agency, or institution of higher education, which is— principally engaged in the provision of education, including early childhood education, to students; and the recipient of funds under an applicable program. Except as provided in subparagraph (B), the term education records means those records, files, documents, and other materials which contain information directly related to a student and are— maintained, electronically, digitally, or physically, by an educational agency or institution, or by a person acting for such agency or institution; accessible, collected, used, or maintained by a party described in subsection (c)(2) in the course of providing services to a school official; or created by or for a State educational authority, without regard to whether the student who attends a school subject to this section attends a school under the jurisdiction of such State educational authority. The term education records does not include— records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are not created in conjunction with the student and are in the sole possession of the maker thereof and which are not accessible or revealed to any other person; 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; in the case of persons who are employed 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 records on a student who is 18 years of age or older, or is attending an institution of higher 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 the student (if showing the student the records would not be detrimental to the student or others) or persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student’s choice. The term maintain when used with respect to an education record, means keeping, retaining, conserving, or preserving such education record, in any manner, whether physically, electronically or digitally, for any non-trivial length of time, except that student tests and papers that are peer-graded are not maintained until such tests or papers are turned into or collected by the teacher or other school official involved. The term education service provider means any provider, other than a school official or employee, of services developed and targeted to students for an educational purpose, whether specifically marketed to schools, institutions of higher education, educational agency or institution employees or officers, or other individuals primarily engaged in the provision of education services. The terms elementary school , secondary school , and local educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). The term personally identifiable information means— any information (such as a student’s name, Social Security number, email address, or parent’s name), or compilation of information, in electronic, digital, or paper form that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; biometric information, including any record of one or more measurable biological or behavioral characteristics that may be used for automated recognition of a student, such as fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting; or information in an education record requested by a person who an educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. The term State educational authority means a State agency or other entity in charge of the education programs of a State. The term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution. .
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