.08 Disclosure of Student Educational Records.

A. The Commission shall regularly collect, in accordance with its mandated responsibilities, information on students enrolled in secondary and postsecondary institutions within the State. This information shall be collected on an aggregated or summary basis, but the Commission may collect data on an individual basis for the purpose of evaluating and improving the instruction provided by the educational system of the State.

B. Individual Student Records.

(1) The Commission shall recognize that the education records of State secondary and postsecondary institutions are protected under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. Accordingly, when obtaining student records, the Commission shall abide by that statute and 34 CFR 99 (1990), which is incorporated by reference.

(2) The Commission shall respond to all written requests to inspect, review, or correct individual student records in accordance with this chapter.

(3) If the Commission or the Secretary determines that disclosure of student record information is necessary in order to conduct research designed to improve instruction, the disclosure shall be made in compliance with 34 CFR 99 (1990), which is incorporated by reference.