CIA ACCESS TO EDUCATIONAL RECORDS OF STUDENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A002800010054-5
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: September 21, 2006
• Sequence Number: 54
• Publication Date: November 18, 1974
• Content Type: MF

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
the express written permission of the student or his parents. The law
Normal Personnel and Security processing is not affected since appropriate
waiver forms are secured from the subjects. The forms are now being
revised for greater specificity. The law goes into effect Tuesday,
November 19th, 1974.
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, to
date CIA is the only agency to express concern to the Office of Management 25X1
and Budget.
Up ge ary r John S. Warner
Legislative Counsel i I Gezieral Counsel.
MORI/CDF Pages ~s1and 4
Enclosure: P. L. 93-380 25x1
OGC Has Reviewed (Sec. 438)
 Approved For Release 2006/09/21: CIA-RDP80MOO165A002800010054-5
BEST COPY
A VAILABLE
 P. L. 93-380 pp.
435. (a) (1) i o funds shall be made available under any appli-
cable pogram to any State or local educational agency, any institu-
tion or higher education, any community college, any'
c,1ool. agency
offevirl_ a preshool program. or any other educational institution
w S. the par-
winch has a policy of denying. or which etio?ctively prevent
aito!ai n.!
ents.of students attending any school of such agency, or
such institution of higher education, conirir,!nitv collage, school. pre-1
school. or other educational inctitntion, t?!e r t ht: to inspect am? rt view
any and all oliicial records, files. and data directly related to tllei:
children. including ail material that is incorporated into each student's
OUT] III lative record -older. and intended for school use or to be avail :ble
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 achievement
test scores), attendance data, scores on standardized intelligence, apti-
tude. and psychological tests, interest i!lventorv ri?snitency.
\otilinr* CU:ICaltled ill this sSCtioll shall preclude a!ltilor?i'/.rfl
representatIves of (A) the ('ontptroller Ge!!eral of the I nited gates.
(1,) the. ecretarc, (C) all atl)niii st ative heal of all educarion s?(?ucv
or (I)) Stare educational aut.ilorities front haying access to srudcnt
or Delft t- records ,rhicla nriy be lteces,:a v. ill cofl11eetion with t!e al!rlit
:Ind evalu;?trail of Federally snppolred edncation pr~,;-un. or in con-
Ikeetiou witit the enforcement of the Federal legal re(!uirelnents while
relate to such prograuls: f'rnr~r/rtl, That. except when collectir,u of
pcr?snna!h? identifiable data.-is specifically authorized by Federal law,
am' data. collected by such otiicials with respect to indit-idual students
shall not' include innformation (inciuding six?ial security numbers)
which would permit the. persoi,d identification of such students or
their parents after the cl:tta so obtained has been collected.
"(4) (_L) With respect tos!tbsrctions (c) (1) and (c) (??) and (c)
all persons, agencies, or org:ulizatioils (lesiring access to the records of
:t. student shall be r?equi red to sign a Written form 'w,itch shall be I:ept
permanently with the file of the student. but only for inspection by the
jlarents.or student, indicatin; specifically the legitimate educational
or other interest that each person, agency, or organization has in seek-
ing this information. Such form shall be available to parents and to
the school otfcial responsible for record maintenance as a means of
auditing the operation of the system.
. "(li) With respect to this subsection, personal information shall
only be transferred to a, third party on the condition that such party
will not pern?it any other party to have access to such information
without the ita'itten consent of t)le parents of the student.
"(c) The Secretary shall adopt appropriate regulations to protect
tile. rights of privacy of students and their families in connection with
any surveys or data-gathering activities conducted, assisted, or alt-
thorizecl by the Secretary or an administrative head of an education
agency. Regulations established under this subsection shall. include
provisions controlling the use, dissemination, and protection of such
data, \o survey or data-gathering activities shall be conducted by _
tile. Secretary, or an administrative head of an education agency under
ana-
p licaable proo-r-am, unless such activities are authori ed by lair.
"(d) For tile. purposes of this section, whenever a, student has at-
tained eighteen year's 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 ogle- be
required of and accorded to the student.
"(e) No funds shall be made available under any applicable pro-
grant runless the recipient of such funds informs the parents of stu-
dents, or the students, if they are ei