§ 99.32(b)(2) –

Final regulations added a requirement (§ 99.32(b)(2)) that State and local educational 

authorities and Federal officials listed in § 99.31(a)(3) maintain a record of further 

disclosures these parties may make of personally identifiable information from education 

records if the educational agency or institution does not do so. While the Department did 

not officially seek comments on any information collection activities in the March 28, 

2008, NPRM, we did receive comments on some of these activities. In the NPRM, we 

specifically noted that the Department was interested in relieving any administrative 

burdens associated with recording disclosures of education records and, therefore, invited 

public comments on whether a State educational agency (SEA), the Department, or other 

authority or official listed in § 99.31(a)(3) should be allowed to maintain the record of the 

redisclosures it makes on behalf of an educational agency or institution under § 99.32.

Several commenters, including officials representing State departments of education, 

stated that an SEA (or other authority or official listed in §99.31(a)(3)) should be 

responsible for maintaining the record of disclosure required under § 99.32 when it 

rediscloses information on behalf of educational agencies and institutions. The 

commenters stated that requiring each educational agency or institution, such as school 

districts, to record each redisclosure made by an SEA or other State educational authority

on its behalf imposes an unacceptable recordkeeping burden on school districts and is 

impractical for State educational authorities to adhere to in making further disclosures on 

behalf of the agency or institution. 

In response to these comments, we revised § 99.32 to require the State and local 

educational authorities and Federal officials listed in § 99.31(a)(3) to maintain the record 

of further disclosures if the educational agency or institution does not do so and make it 

available to the educational agency or institution upon request. We agree that by

requiring State and Federal authorities and officials to record their redisclosures in these 

circumstances school districts will have less total paperwork burden because schools will 

not have to comply with the recordkeeping requirement in these instances. 

State educational authorities and Federal officials listed in §99.31(a)(3) will incur new 

information collection burdens if they maintain the record of redisclosure for the 

educational agency or institution on whose behalf they redisclose education records under 

the regulations. We estimate that two educational authorities or agencies in each State 

and the District of Columbia (one for K-12 and one for postsecondary) and the 

Department itself, for a total of 103 authorities, will maintain the required records of 

redisclosures. (We anticipate that educational agencies and institutions will record under 

§99.32(b)(1) any further disclosures made by the other Federal officials listed in 

§99.31(a)(3), the U.S. Comptroller General and the U.S. Attorney General, as is currently 

required for redisclosures made by other parties on behalf of the educational agency or 

institution. See 34 CFR § 99.32(b)(1).) We estimate further that these authorities will 

need to record two redisclosures per year from their records. We estimate that an average 

of .0833 hours (5 minutes) per disclosure is required for this new recordkeeping 

requirement. We also assume for purposes of this analysis that State educational 
authorities and the Department already have software that will allow them to record these 

disclosures electronically. 

No. of St. & Fed. Edu. Authorities: 103

Average No. of Disclosures: x 2

# of Responses 206

Hours/Response: x .0833

Burden Hours 17

General Recordkeeping Requirement § 99.32(a) 1,660,856

New Recordkeeping Requirement § 99.32(a)(4) 30,944

New Recordkeeping Requirement § 99.32(b)(2) 17

Grand Total Recordkeeping Burden 1,691,817