(1) Any hearing related to an applie cation; and

(2) Any proceeding by which the State establishes relative priorities or recommends Federal shares for elig ble projects.

(20 UB C. 1221e-3 a 1,

$75.734 Record retention period.

Unless a longer period is required under 34 CFR Part 74, a grantee shall retain records for five years after the completion of the activity for which it uses grant funds.

NOTE: This section is based on a provision in the General Education Provisions Act (GEPA). Bection 427 of the Department of Education Organization Act (DEOA), 20 UB.C. 3487, provides that except to the extent inconsistent with the DEOA, the GEPA "shall apply to functions transferred by this Act to the extent applicable on the day preceding the effective date of this Act" Although standardized nomenclature is used in this section to reflect the creation of the Department of Education, there is no intent to extend the coverage of the GEPA beyond that authorized under Section 427 or other applicable law.

(20 USC. 12321(a))

145 PR 22497, Apr. 3, 1980. Redesignated at 34 PR 77288, Nov. 21, 1980, and amended at 45 PR 88296, Dec. 30, 1980)

CROSS-REFERENCE. See 34 CFR Part 74.21Length of retention period; and 74.22 Starting date of retention period.

PRIVACY

#75.740 Protection of and access to student records.

Most records on present or past students are subject to the requirements of Section 438 of GEPA and its implementing regulations in 34 CFR Part 99. (Section 438 is the Family Educational Rights and Privacy Act of 1974.) (20 U.B.C. 1231(g))

$75.741 Protection of students' privacy in research and testing.

(a) If a project funded by the Department is designed to explore or develop new or unproven teaching methods or techniques, the grantee must give parents or guardians of children who participate in the project access to instructional material that will be used in connection with the project,

adinding teacher's manuals, films, tapes, or other supplementary instructional material

No student may be required, as part of any program of the Department, to submit to psychiatric examination, testing or treatment, or psychological examination testing, or treatment, in which the primary purpose is to reveal information concerning any of the following:

(1) Political affiliations.

(2. Mental and psychological problems potentially embarrassing to the student or his family.

(3 Sex behavior and attitudes. (4) Ilegal, anti-social, self-incriminating and demeaning behavior.

(5) Critical appraisals of other individuals with whom respondents have close family relationships.

(6) Legally recognized privileged and analogous relationships, such as those of lawyers, physicians, and ministers.

(7) Income-other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under the program-without the prior consent of the student (if the student is an adult or emancipated minor) or, in the case of unemancipated minor, without the prior written consent of the parent.

NOTE: This section is based on a provision in the General Education Provisions Act (GEPA). Section 427 of the Department of Education Organization Act (DEOA), 20 U.S.C. 3487, provides that except to the extent inconsistent with the DEOA. the GEPA "shall apply to functions transferred by this Act to the extent applicable on the day preceding the effective date of this Act." Although standardized nomenclature is used in this section to reflect the creation of the Department of Education, there is no intent to extend the coverage of the GEPA beyond that authorized under Section 427 or other applicable law.

(20 U.S.C. 1232h)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 86296, Dec. 30, 1980]

DATA COLLECTION BY A GRANTEE

8 75.750 Approval of data collection in

struments.

(a) The Department is the sponsor of the data collection activity of a

grantee in any of the following circumstances:

(1) The grantee represents to respondents that the data is being collected for or in association with the Department. This does not include acknowledgment of the assistance the grantee received under the grant.

(2) The grantee uses the data collection instrument to collect data that the Department has requested for the planning, operation, or evaluation of an Education Department Federal program.

(3) The grant provides for Department approval of the survey design, content of the instrument, or data collection procedures.

(4) The grant provides for

(i) The grantee to submit data on individual respondents; or

(ii) The grantee to prepare and submit tabulations of the data requested by the Department.

(b) If the Education Divison sponsors a data collection activity of a grantee, the data collection instruments to be used by the grantee are subject to review under either

(1) The paperwork control requirements of Section 400A of GEPA (the Federal Education Data Acquisition Council (FEDAC) procedures); or

(2) The requirements under OMB Circular A-40.

(c) The FEDAC procedures apply to a data collection activity sponsored by the Department if—

(1) The respondents are primarily educational agencies or institutions;

and

(2) The purpose of the activity is to get information needed for

(i) The management of Federal educational programs;

(ii) The development of policy related to those programs; or

(iii) Research or evaluation studies related to the implementation of those programs.

(20 U.S.C. 1221-3; 1221e-3(a)(1))

CROSS-REFERENCE. See the FEDAC procedures published in the FEDERAL REGISTER on August 8, 1979 (44 FR 46535).

§ 75.751 Procedures if approval is required.

If approval of a data collection instrument is required under the

FEDAC procedures or under OMB Circular A-40, the grantee shall submit an original and four copies of each of the following to the Secretary:

(a) The proposed data collection instrument.

(b) A completed OMB Standard Form 83.

(c) The supporting statement required in the "Instructions for Requesting OMB Approval under the Federal Reports Act," as described in standard form 83A.

(d) Supplementary information required by FEDAC under the procedures published in the FEDERAL REGISTER on August 8, 1979 (44 FR 46535). (20 U.S.C. 1221-3; 1221e-3(a)(1))

§ 75.752 Responsibility for data collection. Unless FEDAC or the OMB approves a data collection instrument, the grantee may not in any way represent or imply that the data is being collected by or for the Federal Government. This does not preclude the grantee from acknowledging the assistance it received under the grant.

(20 U.S.C. 1221e-3(a)(1))

§ 75.753 Confidentiality of response.

In using data collection instruments, a grantee shall provide for anonymity and confidentiality of responses from individuals.

(20 U.S.C. 1221-3; 1221e-3(a)(1))

8 75.754 Exemption from coverage.

The regulations in §§ 75.750-75.753 do not apply to data collection instruments that are solely

(a) Tests or examinations to determine knowledge, ability, or aptitude of individuals; or

(b) Instruments to collect data for identification or classification in connection with those tests or examinations.

(20 U.S.C. 1221-3; 1221e-3(a)(1))

§ 75.755 Definitions used in §§ 75.75075.754.

As used in §§ 75.750-75.754

"Data collection instrument" means a report form, application form, schedule, questionnaire, or similar instru