MEMORANDUM TO GLC FROM SWH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700060016-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: January 24, 2002
• Sequence Number: 16
• Publication Date: November 29, 1974
• Content Type: MF

A
pp OfFkNU#WaFO8902/05/1~LgA-RDP76M00527R0007000 0016-1
OGC Has Reviewed
(DATE)
(47)
D GN 54 101 WHICH C MAY F BE M US10-101 ED.
1 AU
 S- j"ro
1A
2 2 1J14
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
In accordance with the
DCI's instructions, please
circulate the attached to
all officers who may have
need to be aware of the
Director's policy and the
General Counsel's recom-25X1A
mendations.
Administrative Officer,DCI
SECRET ^ CCNFWWENTJAL use ONLY IJNCLASSIF ED
Allproved For Release MAMML: gWBD%jWRU7gPffff 0060016-1 ~A ~, J)
 Approved for Release 2002/05/1.7 : CIA-RDP76M00527R000700060016-1
DD/A 74-4592
21 November 1974
MEMORANDUM FOR: Administrative Officer, O/DCI
Chief, Management Staff, DD/I
Executive Officer, DD/S&T
Special-Support Assistant,. DD/A
SUBJECT CIA Access to Educational Records of Students
1. Attached herewith is a limited supply of a memorandum
of 18 November 1974, prepared for the Director of Central
Intelligence by the Legislative Counsel and the General Counsel.
The memorandum highlights the importance and potential impact
of a law which went into effect on 19 November 1974, in terms
of a new amendment to the Elementary and Secondary Education
Act of 1965. Particular attention is directed to paragraph 3
of the OGC/OLC memorandum, which indicates that continued access
by Agency representatives, directly or indirectly, to educational
records without express authorization could seriously jeopardize
all Agency relationships with educational institutions.
2. The Director has instructed the Deputy Director for
Administration to circulate immediately. the memorandum to all
elements of the Agency, and then make expeditious arrangements
.to have it incorporated into Agency regulations. The Deputy
Director for Administration has advised all Offices in this
Directorate that there is to be immediate compliance with both
the letter and spirit of the Director's instructions,
particularly in terms of the Offices of Security and Personnel,
which are routinely in contact with academic institutions.
3. In line with the express wishes of the Director, it is
suggested that the memorandum of 18 November 1974 be given wide-
spread dissemination within your Directorate so that there is a
clear understanding of the basic message. In the meantime, 25X1A
every effort will'be made to expedite the regulatory change.
Executive Officer
Deputy Director for Administration
Attachment
Approved For Release. 2002/05/17 CIA-RDP76M00527R0007 0060 - _ _.._,,
L
.........
~.._.,~_IiViPDET CL I3YG~
 Approved For Re1eas.-Rj1DQntffmVR&7 kW -OT"
Legislative Counsel
7D49
TO: (Officer designation, room number, and
building)
General Counsel
7D01 :24 2/G
/7/
Director
0
OFF4ER'S
INITIALS
18 November 1974 25X1A
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
This was coordinated with DCD,...
FR Div. , and Security.
25X1.A
A
C-:
Approved For Releaso
2002/0517 : CIAIRDP76M90527R000700060016-1
3O2N 61 ~J USEDITtp O' ^ SECRET n CONFIDENTIAL 71 )I,"ITERNA v 1 i ~i~L~ ~i51 ^ 1 '
 Approved For Release 2002/05/17:`CI RDP76M00527R000700060016-1
6xc:ctir9 ;1: yiUy
DD/A -7/ -~/f
18 November 1974
25X1A
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT : CIA Access to Educational Records of Students
1. The Elementary and Secondary Education Act of 1965 was
recently amended (P. L. 93-380). Section 438 of the law, which was a
floor amendment by Senator James L. Buckley (D., N. Y.) to the original
bill, withholds all Federal funds from any educational institution at any
level which allows any person or agency access to school records without 25X1A
the express written permission of the student or his ?a , r f o 'ri - I-
2.
Certainly, this is an area where this Agency could not and should
not seek a specific exemption. There have been strong repercussions from
educational institutions since the law allows students access to all of their
records, and Senator Buckley announced he is preparing amendments to the
law. OLC will determine the scope of the amendments being considered and
explore the possibility of coming under a general exemption to allow certain
access without express permission. The chances, however, do not appear
good since the policy to require written consent appears firm. Further, t
date CIA is the only agency to express concern to the Office of Management~5X1A
and Budget.
t,nctosuoe? e Qi
Approved r dI 3Ab2/05/17:CIA-RDP76M00527R000700060016-1
egis a ive Counsel
Joh S. Warner
Ge eral Counsel
1
 Approved For Release 2002/05/17 : CIA-RDP76M00527R000700060016-1
P., L. 93-380 pp. 88-91
41PItoTFG-rTON OF TIIE RIGHTS AND PRIV,%Gy OF PARENTS AND STUDENTS
"Sec. 43S. (a) (1) No funds shall be made available und
li
er any app
-
ca eFit prot~Iam to any State or local educational agency. any institu-
tion oz higher education, any community college, any school, agency
oheririg a preschool program. or any outer educational institution
which has a policy of clenVing, a,? which effectively prevents, the irtr-
eIrts of students attending any school of such agency, or attondin,
such institution of higher education, community college, school, pre-
school, or other cchlcariortal institution, the right to inspect and review
and- and all official records, flies, and data directly related to their
children. including all material that is incorporated into each strllent's
l'lnnulative record folder, and intended for school use or to be available
to parties outside the school or school system, and specifically includ-
ing, but not necessarily limited to, identifying data, academic work
completed. level of achievement (grades. standardized achieveiricur
teat scores), attendance data, scores on standardized intelligence, apti-
tude. 111,(l Psychological tests. interest inventory results. health data.
family background information, teacher or counselor ratings and
observations, and verified reports of serious or recurrent behavior
patterns. Where such records or data include information on more
than one student, the parents of any student shall be entitled to
receive, or be informed of, that part of such record or data as pertains
to their child. Each recipient shall establish appropriate procedures
for the granting of a request by parents for access to their child's
school records within a reasonable period of time, but in no case more
than forty-five days after the request has been made.
"(?) Parents shall have an opportunity for a hearing to challenge
the content of their child's school records, to insure that the records
are not inaccurate, misleading, or otherwise in violation of the privacy
or other rights of students, and to provide an opportunity for the cor-
rection or deletion of any such inaccurate, misleading, or otherwise
inappropriate data contained therein.
"(b) (1) No fdhll bdilbl
uns sae mae avaae under any applicable
program to any State or local educational agency, any institution of
higher education, any community college, any school, agency offering
a preschool probgram, or any other educational Institution which has a
policy of permitting the release of personally identifiable records or
files (or personal information contained therein) of students without
the written consent of their parents to any individual, agency, or
or;anization, other than to the following-_i
"(A} other school ofncials, including teachers within the edu-
cational institution or local educationl ah h li
agency woaveegt-
imate educational interests;
"(B) officials of other schools or school systems in which the
student intends to enroll, upon condition that the student's par-
ents be notified of the transfer, receive a copy of the record if
desired, and have an opportunity for a hearing to challenge the
content of the record;
"(C) authorized representatives of (i) the Comptroller Gen-
eral of the United States, (ii) the Secretafined, (iii) an administra-
tive head of an education agency (as de in section 409 of
this Act), or (iv) State educational authorities, under the con-
ditions set forth in paragraph (3) of this subsection: and
"(D) in connection with a student's application for. or receipt
of, financial aid.
::(>) \n funds shall be. made ava hole under any applicable pro
?fr'{,l to ally State or local educational a^enc any inCiitutio t of
In rl e I F i s
it preschool l~:'0'?raiTl tli' 'ill c' Other ('ducat Iona i istitut loll iy lic 1 it " 1
1
able nuormatlon contained in
ITersonai schrn recur s trr anv e rsat;
other than those listed inl subsection i 1 unless-
Approved For Release 2002/05/17 : CIA-RDP76M00527R000700060016-1
 Y. L. 93-380 (continued)
Approved F tSi-? de4i asd3200FiE0&Mti?t:lCI QFdDP76Ml00iri,2FlRO( 070IdSO016-1
fcin, re,?ort s to it rt t;t it., is Won! f o. tiny r reit?a?e, and TO
W ton1, alit t, h e a Copy u t de recc>ri s to ,e re :=trTfn t le.iru
dents pa1'ents and the studt9nt i f desired by tln? ll; lvut:;. or
`?(13) such information is tnrui lird in eonllllitutee with -judi-
cial order, or Inusuaiit, to airy lawfully- issued -nlbpoenn, upon :nit-
ditioru that parents and. the students are notified of all such or?dels,
or sub(,oenas in advance of the camp! lance therewith by the educa-
tional rldstitntion or agency
?'(:~) Nothing contained in this section shall precludr authorized
1?epres(lutatiyes of (_\) the Comptroller General of the 17nited Mates,
(1S) the "Ieeretarv, (C) all tuduinistrative head of an education agency
or (I)) State educational authorities front having access to student
or other records which may be necessary in conne(`l'ion with the audit
and evaluation of .Federally-supported education progr.un. or ill coil-
ltection with the enforcement of the .,Federal legal requirements which
relate to such progrruns: Pi?oe?ir/rdl. That, except when collection of
personally identifiable data, is specifically authorized by Federal hart,
any data collected by such officials with respect to individual students I
Shall not include information (including social security numbers)
which would permit- the personal identification of such students or
their parents after the data so obtained has been collected.
"(4) (A) With respect to subsections (c) (1) and (c) ('~) and (e) (3). all persons, a~'eiicles, or organizations desh'i lg access to the records of
a student .shall be required to sign a written -form which shall be kept
pernianently with the the of the student, but only for inspection by the
parents. or student, indicating specifically the legitimate educational
or other interest that each person, agency-, or organization has in seek-
ing this information. Such form Willi be available to parents and to
the school official responsible for record inainteunnce as a means of
auditing the operation of the system.
"(13) With respect to this subsection, personal information shall
only be transferred to it third party on the condition that such party
will not permit any other party to have access to such information
without the written consent of the parents of the student.
"(c) The Secretary shall adopt appropriate regulations to protect."
the rights of privacy of students and their families in connection with
any surveys or data-gathering activities conducted, assisted. or all-
thorized by the Secretary or an administrative ]lead of an education...,
agency. Regulations established under this subsection shall include
provisions controlling the use, dissemination, and protection of such
data. No survey or data-gathering activities shall be conducted by,
the Secretary, or an administrative head of an education agency tinder
an a licable program. lidless such activities are authorized by law,
` d) For the purposes of this section, whenever a student alms at-
twined eighteen years of age, or is attending an institution of post-
secondary education the, permission or consent required of and the
rights accorded to the parents of the student shall thereafter only be
required of and accorded to the student.
"(e) No funds shall be made available under any applicable pro-
grant unless the recipient of such funds informs the parents of scu-
dents. or the students, if they are eighteen years of age or order, or are
attending an institution of postsecondary education, of the rights
accorded them by this section.
"(f) The Secretaryr, or an administrative head of an education
agency, shall take appropriate actions to enforce provisions of this
section and to deal with violations of this section. according to the
provisions of this Act, except that action to terminate assistance may
be tuihan only if the ecret.ary Iinds there has been a failure. to comply
wing the provision of this section, and he ha detE:rniined that cortupil-
ame Cannot be Secured by v oluntar?ti 1'111(larns.
1,!.') 1l1e -ec?r?e.iall ..ball t.?rt;d,17s11 or (1(_'#i ')at.i?. U R Wee anti 1?('T's cit'
board witrin the D:?Vnrtnicnt of Herrlih, Educ,itiun, and Welfare for
tine purpose of iasestlr(aCi1:" 1>r?ooe.ssing -reviewing, and nrljudlca tlng
violations of thtt prcvisiwls of this section and complaints which ruIrty
he pled eon e'rn:ng ellegu d violatlo1!S o1' this section, accordiuu to silo
procedures (?ontai!he`, in sections 4)4 and 137 of this Act.".
Q(j)1i) Ta provisions of this sN.?tion shall beconie et]'ecti?.e
niny day's afn:r the doe "i,' enrlrtirient of section ?bIS of the General
Educl,tion Provisions Acc.
(") (i) Will) seebon r!ia1' be cit.Pd is th;'?Fai:11h low ailolial I:O?ts
Appro\Y" ~'Rdle ger20Y37165/17 : CIA-RDP76M00527R000700060016-1