1862 Ante,
PUBLIC LAW 93-568-DEC. 31, 1974 p. 571.
Records, acc e s s i b i l i t y for audit.
Recordkeeping.
Ante,
p. 559.
Effective date. 20 USC 1232g note, 20 USC 1681.
Discrimination b a s e d on s e x. 26 USC 501.
Effective date. 20 USC 1681 note.
[88
STAT.
(B) Clause (A) of section 438(b)(1) of such Act is amended bystriking out "who" and inserting in lieu thereof ", who have been determined by such agency or institution to". (C) Clause (B) of such section 438(b)(1) is amended by inserting "seeks or" after "student". (D) The proviso in paragraph 3 of section 438(b) of such Act is amended to read as follows: 'Provided, That except when collection of personally identifiable 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". (9) Paragraph (4)(A) of section 438(b) of such Act is amended to read as follows: "(4)(A) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals (other than those specified in paragraph (1) (A) of this subsection), agencies, or organizations which have requested or obtained access to a student's education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses (A) and (C) of paragraph (1) as a means of auditing the operation of the system.". (10)(A) Clause (C) of section 438(b)(1) of such Act is amended by striking out "section 409 of this Act" and inserting in lieu thereof "section 408(c)". (B) Section 438(g) of such Act is amended by striking out ", according to the procedures contained in sections 434 and 437 of this Act". (b) The amendments made by subsection (a) shall be effective, and retroactive to, November 19, 1974, SEC. 3. (a) Section 901(a) of the Education Amendments of 1972 is amended by striking out "and" at the end of clause (4) thereof and by striking out the period at the end of clause (5) thereof and inserting in lieu thereof "; and", and by inserting at the end thereof the following new clause: "(6) This section shall not apply to membership practices— " (A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, the active membership of which consists primarily of students in attendance at an institution of higher education, or " (B) of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age." (b) The provisions of the amendment made by subsection (a) shall be effective on, and retroactive to, July 1, 1972. Approved December 31, 1974t
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