20 U.S.C. § 7917

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 7917 - Transfer of school disciplinary records
(a) Nonapplication of provisions

This section shall not apply to any disciplinary records with respect to a suspension or expulsion that are transferred from a private, parochial or other nonpublic school, person, institution, or other entity, that provides education below the college level.

(b) Disciplinary records

In accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not later than 2 years after January 8, 2002, each State receiving Federal funds under this chapter shall provide an assurance to the Secretary that the State has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis, in the school.

20 U.S.C. § 7917

Pub. L. 89-10, title VIII, §8537, formerly title IV, §4155, as added Pub. L. 107-110, §401, Jan. 8, 2002, 115 Stat. 1765; renumbered title IX, §9537, renumbered title VIII, §8537, Pub. L. 114-95, title IV, §4001(a)(3), title VIII, §8001(a)(6), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.

EDITORIAL NOTES

REFERENCES IN TEXTThe Family Educational Rights and Privacy Act of 1974, referred to in subsec. (b), is section 513 of Pub. L. 93-380, title V, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of this title and provisions set out as notes under sections 1221 and 1232g of this title. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 1221 of this title and Tables.

CODIFICATIONSection was classified to section 7165 of this title prior to renumbering by Pub. L. 114-95.

Secretary
The term "Secretary" means the Secretary of Education.
State
The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
elementary school
The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.