Records [Education] Law and Legal Definition

According to 34 CFR 5.5 [Title 34 – Education; Subtitle A -- Office of the Secretary, Department of Education; Part 5 -- Availability of Information to the Public Pursuant to Pub. L. 90-23; Subpart A – Definitions], the term

“(a) Record includes books, brochures, punch cards, magnetic tapes, paper tapes, sound recordings, maps, pamphlets, photographs, slides, motion pictures, or other documentary materials, regardless of physical form or characteristics, made or received by the Department pursuant to Federal law or in connection with the transaction of public business and preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations, programs, or other activities.

(b) Record does not include: Objects or articles such as tangible exhibits, models, equipment, or processing materials; or formulae, designs, drawings, or other items of valuable property; books, magazines, pamphlets, or other reference material in formally organized and officially designated libraries of the Department, which are available under the rules of the particular library concerned.”

According to 34 CFR 5b.1 (h) [Title 34 – Education; Subtitle A -- Office of the Secretary, Department of Education; Part 5b -- Privacy Act Regulations], the term record means “any item, collection, or grouping of information about an individual that is maintained by the Department, including but not limited to the individual's education, financial transactions, medical history, and criminal or employment history and that contains his name, or an identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. When used in this part, record means only a record which is in a system of records.”