88 STAT. ]
PUBLIC LAW 93-568-DEC. 31, 1974
1861
names of all persons making confidential recommendations and (ii) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.". (4)(A) Paragraph (2) of section 438(a) is amended by striking ^"'^' P- ^vi. out that part thereof which precedes "to insure" and inserting in lieu thereof the following: "No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such student's education records, in order". (B) Such paragraph (2) is amended by inserting before the period at the end thereof the following: "and to insert into such records a written explanation of the parents respecting the content of such records", (5) Section 438(a) of such Act is amended by adding at the end thereof the following new paragraph: " (6) For the purposes of this section, the term 'student' includes any "student." 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.". (6) Section 438(b)(1) of such Act is amended by striking out "and" Records, access. at the end of clause (C), by striking out the period at the end of clause (D) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new clauses: " (E) State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974; " (F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted; " (G) accrediting organizations in order to carry out their accrediting functions; " (H) parents of a dependent student of such parents, as defined in section 152 of the Internal Revenue Code of 1954; and 26 USC 152. " (I) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons. Nothing in clause (E) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.". (7) Section 438(g) of such Act is amended by adding at the end ^"'^' P- 571. thereof the following new sentence: "Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.". (8)(A) Paragraph (1) of section 438(b) of such Act is amended by inserting "or practice" after "which has a policy".
38-194 O - 76 - 34 Pt. 2
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