Law / United States / 
Delaware
Disclosure of pupils' school records: confidentiality of student education records in public and private schools
Del. Code Ann. tit. 14, § 4111
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Disclosure, Prohibition, Governance
- Audit expectation
- none
What it requires
- If you are a public or private school in Delaware, treat the educational records of your students as confidential, and release them or disclose the personally identifiable information in them only in accordance with the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and its implementing regulations (34 C.F.R. Part 99) and, for students with disabilities, chapter 31 of title 14 (section 4111(a)).
- If you are an educational institution or program operating in Delaware, including a local education agency or a postsecondary institution or program regulated by a state agency, disclose to the Department of Education the education records, and the personally identifiable information in them, that it needs for the audit or evaluation of state and federal education programs, in accordance with the Family Educational Rights and Privacy Act and its implementing regulations (section 4111(b)(1)).
- If you are a public or private school in Delaware, allow parents and eligible students to inspect and review the education records of their children or themselves, in accordance with the rules and regulations of the Department of Education (section 4111(c)).
- If you are a local education agency or other educational institution or program that outsources data exchange and federal and state reporting to the Department of Education and discloses education records to it without parental consent as a school official, do so only where you would otherwise use your own employees to collect the data, you directly control the Department's use and maintenance of your records, the Department is subject to the Family Educational Rights and Privacy Act's rules on use and redisclosure, and you use reasonable methods to ensure the Department obtains access only to the records necessary for data exchange and federal or state reporting required by law (section 4111(b)(2)).
- If you are the Department of Education, use, compile, maintain, protect, distribute, redisclose and destroy education records, and the personally identifiable information in them, only in compliance with the Family Educational Rights and Privacy Act and its implementing regulations and any other pertinent federal or state privacy statute (section 4111(b)(4)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 4111 makes student education records confidential, requires institutions to disclose records to the Department for audit or evaluation of education programs, and requires schools to let parents and eligible students inspect records. It imposes no duty to keep a log or record of processing, names no audit of the school's own practices and gives no party a right to a record of disclosures.
- Kind
- None
- As of
What this law does
Section 4111 of title 14 of the Delaware Code deems the educational records of students in all public and private schools in Delaware confidential, and allows them to be released, and the personally identifiable information in them disclosed, only in accordance with the Family Educational Rights and Privacy Act and its implementing regulations and, for students with disabilities, chapter 31 of title 14.
Educational institutions and programs operating in Delaware, including local education agencies and postsecondary institutions regulated by a state agency, must disclose to the Department of Education the education records, and the personally identifiable information in them, necessary for the audit or evaluation of state and federal education programs, in accordance with the Family Educational Rights and Privacy Act and its implementing regulations.
A local education agency or other educational institution or program that outsources data exchange and federal and state reporting to the Department may treat the Department as a school official under the Family Educational Rights and Privacy Act regulations and disclose education records to it without parental consent, but only where it would otherwise use its own employees to collect the data, it directly controls the Department's use and maintenance of its records, the Department is subject to the Act's rules on use and redisclosure, and it uses reasonable methods to ensure the Department obtains access only to the records necessary for data exchange and reporting required by law.
Every disclosure section 4111 authorizes must be for the purpose of ensuring the effectiveness of publicly funded programs by connecting pre-kindergarten through grade 12 and postsecondary data, and sharing information to improve educational outcomes for students.
The Department may redisclose the education records it deems necessary to improve educational outcomes, and its use, compilation, maintenance, protection, distribution, redisclosure or destruction of education records must comply with the Family Educational Rights and Privacy Act and its implementing regulations and any other pertinent federal or state privacy statute.
All public and private schools in Delaware must allow parents and eligible students to inspect and review the education records of their children or themselves, in accordance with the rules and regulations of the Department of Education.
Section 4111(d) of title 14 provides that no cause of action or claim for relief, civil or criminal, lies against a school officer or employee by reason of the officer's or employee's participation in the formulation of a student's records or the statements made in them, or by reason of a disclosure of the records or of personally identifiable information from them, or a lack of access to them, in accordance with subsections (a) to (c). Chapter 460 of volume 84 of the Laws of Delaware amended section 4111 of title 14.
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