§99.39. What definitions apply to the nonconsensual disclosure of records by postsecondary educational institutions in connection with disciplinary proceedings concerning crimes of violence or non-forcible sex offenses? — Inbound Citations
34 C.F.R. § 99.39
Statutory Authority
Cited by 2 regulations in release Current.
Citations to 34 C.F.R. § 99.39 as a whole
-
(13) The disclosure, subject to the requirements in § 99.39, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed.
-
(2) One of the exceptions enumerated in 34 CFR 99.31 (where applicable to part C), which are expressly adopted to apply to part C through this reference. In applying the exceptions in 34 CFR 99.31 to this part, participating agencies must also comply with the pertinent conditions in 34 CFR 99.32, 99.33, 99.34, 99.35, 99.36, 99.38, and 99.39; in applying these provisions in 34 CFR part 99 to part C, the reference to—(i) 34 CFR 99.30 means § 303.414(a);(ii) “Education records” means early intervention records under § 303.403(b);(iii) “Educational” means early intervention under this part;(iv) “Educational agency or institution” means the participating agency under § 303.404(c);(v) “School officials and officials of another school or school system” means qualified personnel or service coordinators under this part;(vi) “State and local educational authorities” means the lead agency under § 303.22; and(vii) “Student” means child under this part.