This section shall not apply to any disciplinary records with respect to a suspension or expulsion that are transferred from a private, parochial or other nonpublic school, person, institution, or other entity, that provides education below the college level.
(b) Disciplinary records
In accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not later than 2 years after January 8, 2002, each State receiving Federal funds under this chapter shall provide an assurance to the Secretary that the State has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis, in the school.
The Family Educational Rights and Privacy Act of 1974, referred to in subsec. (b), is section 513 ofPub. L. 93–380, title V, Aug. 21, 1974, 88 Stat. 571, as amended, which enacted section
1232g of this title and provisions set out as notes under sections
1232g of this title. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section
1221 of this title and Tables.
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