34 CFR 5.2 – Definitions
As used in this part:
Terms Used In 34 CFR 5.2
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) Act or FOIA means the Freedom of Information Act, as amended, 5 U.S.C. § 552.
(b) Department means the United States Department of Education.
(c) Component means each separate bureau, office, board, division, commission, service, administration, or other organizational entity of the Department.
(d) FOIA request means a written request for agency records that reasonably describes the agency records sought, made by any person, including a member of the public (U.S. or foreign citizen/entity), partnership, corporation, association, and foreign or domestic governments (excluding Federal agencies).
(e)(1) Agency records are documentary materials regardless of physical form or characteristics that—
(i) Are either created or obtained by the Department; and
(ii) Are under the Department’s control at the time it receives a FOIA request.
(2) Agency records include—
(i) Records created, stored, and retrievable in electronic format;
(ii) Records maintained for the Department by a private entity under a records management contract with the Federal Government; and
(iii) Documentary materials preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the Department or because of the informational value of data contained therein.
(3) Agency records do not include tangible, evidentiary objects or equipment; library or museum materials made or acquired and preserved solely for reference or exhibition purposes; extra copies of documents preserved only for convenience of reference; stocks of publications; and personal records created for the convenience of an individual and not used to conduct Department business or incorporated into the Department’s record keeping system or files.