(a) “Education records” are broadly defined as those records, files, documents, and other materials that:

1. (1) Contain information directly related to the student; and
2. (2) Are maintained by an educational agency or institution or by a person acting for such agency or institution.

(b)

1. (1) “Educational records” means the type of records covered under the definition of education records in 34 C.F.R. pt. 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g).

2. (2) According to interpretation provided by the Family Policy Compliance Office, which administers the Family Educational Rights and Privacy Act of 1974:

   1. (A) Any record, such as a permanent record, report card, a student’s work, or a teacher’s grade book, is an education record under the Family Educational Rights and Privacy Act of 1974 if it is maintained by a school and is directly related to the student;
   2. (B) A psychological evaluation or assessment, as well as test protocol or protocols, would be education records under the Family Educational Rights and Privacy Act of 1974 if they contain information that is directly related to the student; and
   3. (C) Any test protocols or test question booklets that do not contain information directly related to the student are not education records under the Family Educational Rights and Privacy Act of 1974.

(d)

1. (1) The Family Educational Rights and Privacy Act of 1974 requires that an educational agency or institution respond to reasonable requests for explanations and interpretations of education records, such as test answer sheets not accompanied by the question booklets.

2. (2) A school district should, upon request:

   1. (A) Provide an opportunity for a parent to review the education records; and
   2. (B) Provide any explanations and interpretations necessary, which may include the interpretation of standardized test scores, such as reviewing the test questions with the parent.