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Forum Guide to the Privacy of Student Information
NCES 2006-805
July 2006

Transfer of School Disciplinary Records

While FERPA does not require schools to transfer education records to third parties, it does permits their transfer to another school if a student seeks or intends to enroll in that school; as part of the education records, disciplinary records would therefore be included in the transfer. However, the No Child Left Behind Act of 2001, reauthorizing the Elementary and Secondary Education Act (ESEA), requires that states provide an assurance to the Secretary of Education that the state "has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local education 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."


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