**§ 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 personall y identifiable inf ormation 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 a ctivities. I n the NPRM, we specificall y noted that the Department was interested in relieving an y administrative burdens associated with recording disclosures of education records and, therefore, invited public comments on whether a State educational agen cy (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 official s representing State departments of education, stated that an SEA (or other authorit y 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 edu cational agencies and institutions. The commenters stated that requiring each educational agency or institution, such as school districts, to record each redisclosure made b y an SEA or other State educational authority on its behalf imposes an unacceptabl e 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 i n 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 redisc lose 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 main tain the required records of redisclosures. (We anticipate that educational agencies and institutions will record under §99.32(b)(1) an y further disclosures made b y the other Federal officials listed in §99.31(a)(3), the U.S. Comptroller General and the U .S. Attorney General, as is currentl y required for redisclosures made b y 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 ye a r 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 anal ys is that State educationalauthorities and the Department alread y hav e software that will allow them to record these

disclosures electronicall y.

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