20 U.S.C. § 1232f — Records

Page 906 TITLE 20—EDUCATION § 1232f Editorial Notes PRIOR PROVISIONS A prior section 1232e, Pub. L. 90–247, title IV, § 436, formerly § 426, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 170; renumbered § 436, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326, related to authority of Commissioner to vest title in equipment, prior to repeal by section 1231(a)(3) of Pub. L. 95–561. A prior section 442 of Pub. L. 90–247 was classified to section 1233a of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–382, § 261(g)(1), sub- stituted ‘‘that local educational agency’’ for ‘‘that local education agency’’. Subsec. (b)(2). Pub. L. 103–382, § 261(g)(2)(A), inserted comma after ‘‘program’’. Subsec. (b)(4). Pub. L. 103–382, § 261(g)(2)(B), sub- stituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever ap- pearing. Pub. L. 103–382, § 212(b)(3)(B), made technical amend- ment to reference to section 1232f of this title to reflect renumbering of corresponding section of original act. Subsec. (b)(7)(B). Pub. L. 103–382, § 261(g)(2)(C), sub- stituted ‘‘individuals with disabilities’’ for ‘‘handi- capped individuals’’. 1984—Subsec. (b)(9). Pub. L. 98–511 added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–511 effective Oct. 19, 1984, see section 711(a) of Pub. L. 98–511, set out as a note under section 1226c of this title. EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. PART 4—RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS § 1232f. Records (a) Records kept by recipient; full disclosure; maintenance period Each recipient of Federal funds under any ap- plicable program through any grant, subgrant, cooperative agreement, loan, or other arrange- ment shall keep records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost pro- vided from other sources, and such other records as will facilitate an effective financial or pro- grammatic audit. The recipient shall maintain such records for three years after the comple- tion of the activity for which the funds are used. (b) Audit examination The Secretary and the Comptroller General of the United States, or any of their duly author- ized representatives, shall have access, for the purpose of audit examination, to any records maintained by a recipient that may be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements to which reference is made in subsection (a), or which may relate to the compliance of the re- cipient with any requirement of an applicable program. (Pub. L. 90–247, title IV, § 443, formerly § 437, as added Pub. L. 95–561, title XII, § 1231(c), Nov. 1, 1978, 92 Stat. 2346; renumbered § 443 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 248, Oct. 20, 1994, 108 Stat. 3913, 3924.) Editorial Notes PRIOR PROVISIONS A prior section 443 of Pub. L. 90–247 was classified to section 1233b of this title prior to repeal by Pub. L. 103–382. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–382, § 248(1), substituted ‘‘grant, subgrant, cooperative agreement, loan, or other arrangement’’ for ‘‘grant, subgrant, contract, sub- contract, loan, or other arrangement (other than pro- curement contracts awarded by an administrative head of an educational agency)’’, inserted ‘‘financial or pro- grammatic’’ before ‘‘audit.’’, and substituted ‘‘three years’’ for ‘‘five years’’. Subsec. (b). Pub. L. 103–382, § 248(2), substituted ‘‘to any records maintained by a recipient that may be re- lated, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements’’ for ‘‘to any records of a recipient which may be related, or perti- nent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 1980 and subsequent fiscal years, see section 1261 of Pub. L. 95–561, set out as a note under section 1232c of this title. § 1232g. Family educational and privacy rights (a) Conditions for availability of funds to edu- cational agencies or institutions; inspection and review of education records; specific in- formation to be made available; procedure for access to education records; reasonable- ness of time for such access; hearings; writ- ten explanations by parents; definitions (1)(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of de- nying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institu- tion, as the case may be, the right to inspect and review the education records of their chil- dren. If any material or document in the edu- cation record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or docu- ment as relates to such student or to be in- formed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by par- ents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. (B) No funds under any applicable program shall be made available to any State educational agency (whether or not that agency is an edu- cational agency or institution under this sec- tion) that has a policy of denying, or effectively