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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

identifiable information under both the FERPA regulations in 34 CFR 99.3, as well as under Part C of the Act, include

the child’s or parent’s name and social security number,

date and place of birth, race, ethnicity, gender, physical description, and disability or level of developmental delay, because some of this information can also indirectly identify an individual depending on the combination of factors and level of detail released.

The definition of personally identifiable information

in 34 CFR 99.3 was the subject of the Department’s December

9, 2008 Final Regulations under FERPA in the Federal Register (73 FR 74805). Given that the confidentiality

provisions in §§303.401 through 303.417 reference other

specific FERPA provisions, we believe it is appropriate to

add in §303.29 a cross-reference to the FERPA definition,

as amended, rather than separately revising the definition in these regulations. Thus, we adopt by reference in

§303.29, with appropriate modifications, the FERPA

definition in §99.3, as amended.

Changes: We have revised the definition of personally

identifiable information in §303.29 to cross-reference the

definition in 34 CFR 99.3, as amended, except that the

terms “student” and “school” mean “child” and “EIS

providers” respectively as used in this part.