A Review of Applicable 
Family Educational Rights And Privacy Act (FERPA) Code Sections

(FERPA) sets out requirements designed to protect the privacy of parents and
students. In brief, the law requires a school district to:

1.Provide a parent access to their child's educational records. 
2.Provide a parent an opportunity to seek correction of records he/she believes to
be inaccurate or misleading. 
3.With some exceptions, obtain the written permission of a parent before disclosing
information contained in the student's educational record. 


[Code of Federal Regulations]
[Title 34, Volume 1, Parts 1 to 299]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99]

[Page 286-301]

TITLE 34--EDUCATION

PART 99--FAMILY EDUCATIONAL RIGHTS AND PRIVACY

Subpart A--General

Sec. 99.1 To which educational agencies or institutions do these 
regulations apply?

(a) Except as otherwise noted in Sec. 99.10, this part applies to an 
educational agency or institution to which funds have been made 
available under any program administered by the Secretary, if--
(1) The educational institution provides educational services or 
instruction, or both, to students; or
(2) The educational agency provides administrative control of or 
direction of, or performs service functions for, public elementary or 
secondary schools or postsecondary institutions.
...

(d) If an educational agency or institution receives funds under one 
or more of the programs covered by this section, the regulations in this 
part apply to the recipient as a whole, including each of its components 
(such as a department within a university).

(Authority: 20 U.S.C. 1232g)

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996]

Sec. 99.2 What is the purpose of these regulations?

The purpose of this part is to set out requirements for the 
protection of privacy of parents and students under section 444 of the 
General Education Provisions Act, as amended.

(Authority: 20 U.S.C. 1232g)

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996]

Sec. 99.3 What definitions apply to these regulations?

The following definitions apply to this part:
Act means the Family Educational Rights and Privacy Act of 1974, as 
amended, enacted as section 444 of the General Education Provisions Act.

(Authority: 20 U.S.C. 1232g)

[[Page 288]]

Attendance includes, but is not limited to:
(a) Attendance in person or by correspondence; and
(b) The period during which a person is working under a work-study 
program.

(Authority: 20 U.S.C. 1232g)

Directory information means information contained in an education 
record of a student which would not generally be considered harmful or 
an invasion of privacy if disclosed. It includes, but is not limited to 
the student's name, address, telephone listing, date and place of birth, 
major field of study, participation in officially recognized activities 
and sports, weight and height of members of athletic teams, dates of 
attendance, degrees and awards received, and the most recent previous 
educational agency or institution attended.

(Authority: 20 U.S.C. 1232g(a)(5)(A))

Disciplinary action or proceeding means the investigation, 
adjudication, or imposition of sanctions by an educational agency or 
institution with respect to an infraction or violation of the internal 
rules of conduct applicable to students of the agency or institution.
Disclosure means to permit access to or the release, transfer, or 
other communication of personally identifiable information contained in 
education records to any party, by any means, including oral, written, 
or electronic means.

(Authority: 20 U.S.C. 1232g(b)(1))

Educational agency or institution means any public or private agency 
or institution to which this part applies under Sec. 99.1(a).

(Authority: 20 U.S.C. 1232g(a)(3))

Education records. (a) The term means those records that are:
(1) Directly related to a student; and
(2) Maintained by an educational agency or institution or by a party 
acting for the agency or institution.
...
(Authority: 20 U.S.C. 1232g(a)(4))

Parent means a parent of a student and includes a natural parent, a 
guardian, or an individual acting as a parent in the absence of a parent 
or a guardian.
(Authority: 20 U.S.C. 1232g)

Party means an individual, agency, institution, or organization.

(Authority: 20 U.S.C. 1232g(b)(4)(A))

Personally identifiable information includes, but is not limited to:
(a) The student's name;
(b) The name of the student's parent or other family member;
(c) The address of the student or student's family;
(d) A personal identifier, such as the student's social security 
number or student number;
(e) A list of personal characteristics that would make the student's 
identity easily traceable; or
(f) Other information that would make the student's identity easily 
traceable.

(Authority: 20 U.S.C. 1232g)

Record means any information recorded in any way, including, but not 
limited to, handwriting, print, computer media, video or audio tape, 
film, microfilm, and microfiche.

(Authority: 20 U.S.C. 1232g)

Secretary means the Secretary of the U.S. Department of Education or 
an official or employee of the Department of Education acting for the 
Secretary under a delegation of authority.

(Authority: 20 U.S.C. 1232g)

Student, except as otherwise specifically provided in this part, 
means any individual who is or has been in attendance at an educational 
agency or institution and regarding whom the agency or institution 
maintains education records.

(Authority: 20 U.S.C. 1232g(a)(6))

[53 FR 11943, Apr. 11, 1988, as amended at 60 FR 3468, Jan. 17, 1995; 61 
FR 59295, Nov. 21, 1996]

Sec. 99.4 What are the rights of parents?

An educational agency or institution shall give full rights under 
the Act to either parent, unless the agency or institution has been 
provided with evidence that there is a court order, State statute, or 
legally binding document relating to such matters as divorce, 
separation, or custody that specifically revokes these rights.

(Authority: 20 U.S.C. 1232g)

[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3188, Jan. 7, 1993]
Sec. 99.6 [Reserved]

Sec. 99.7 What must an educational agency or institution include in its 
annual notification?

(a)(1) Each educational agency or institution shall annually notify 
parents of students currently in attendance, or eligible students 
currently in attendance, of their rights under the Act and this part.
(2) The notice must inform parents or eligible students that they 
have the right to--
(i) Inspect and review the student's education records;
(ii) Seek amendment of the student's education records that the 
parent or eligible student believes to be inaccurate, misleading, or 
otherwise in violation of the student's privacy rights;
(iii) Consent to disclosures of personally identifiable information 
contained

[[Page 290]]

in the student's education records, except to the extent that the Act 
and Sec. 99.31 authorize disclosure without consent; and
(iv) File with the Department a complaint under Secs. 99.63 and 
99.64 concerning alleged failures by the educational agency or 
institution to comply with the requirements of the Act and this part.
(3) The notice must include all of the following:
(i) The procedure for exercising the right to inspect and review 
education records.
(ii) The procedure for requesting amendment of records under 
Sec. 99.20.
(iii) If the educational agency or institution has a policy of 
disclosing education records under Sec. 99.31(a)(1), a specification of 
criteria for determining who constitutes a school official and what 
constitutes a legitimate educational interest.
(b) An educational agency or institution may provide this notice by 
any means that are reasonably likely to inform the parents or eligible 
students of their rights.
(1) An educational agency or institution shall effectively notify 
parents or eligible students who are disabled.
(2) An agency or institution of elementary or secondary education 
shall effectively notify parents who have a primary or home language 
other than English.

(Approved by the Office of Management and Budget under control number 
1880-0508)

(Authority: 20 U.S.C. 1232g (e) and (f))

[61 FR 59295, Nov. 21, 1996]


Subpart B--What Are the Rights of Inspection and Review of Education 
Records?

Sec. 99.10 What rights exist for a parent or eligible student to 
inspect and review education records?

(a) Except as limited under Sec. 99.12, a parent or eligible student 
must be given the opportunity to inspect and review the student's 
education records. This provision applies to--
(1) Any educational agency or institution; and
(2) Any State educational agency (SEA) and its components.
(i) For the purposes of subpart B of this part, an SEA and its 
components constitute an educational agency or institution.
(ii) An SEA and its components are subject to subpart B of this part 
if the SEA maintains education records on students who are or have been 
in attendance at any school of an educational agency or institution 
subject to the Act and this part.
(b) The educational agency or institution, or SEA or its component, 
shall comply with a request for access to records within a reasonable 
period of time, but not more than 45 days after it has received the 
request.
(c) The educational agency or institution, or SEA or its component 
shall respond to reasonable requests for explanations and 
interpretations of the records.
(d) If circumstances effectively prevent the parent or eligible 
student from exercising the right to inspect and review the student's 
education records, the educational agency or institution, or SEA or its 
component, shall--
(1) Provide the parent or eligible student with a copy of the 
records requested; or
(2) Make other arrangements for the parent or eligible student to 
inspect and review the requested records.
(e) The educational agency or institution, or SEA or its component 
shall not destroy any education records if there is an outstanding 
request to inspect and review the records under this section.

(Authority: 20 U.S.C. 1232g(a)(1) (A) and (B))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]

Sec. 99.11 May an educational agency or institution charge a fee for 
copies of education records?

(a) Unless the imposition of a fee effectively prevents a parent or 
eligible student from exercising the right to inspect and review the 
student's education records, an educational agency or institution may 
charge a fee for a copy of an education record which is made for the 
parent or eligible student.
(b) An educational agency or institution may not charge a fee to 
search for or to retrieve the education records of a student.

(Authority: 20 U.S.C. 1232g(a)(1))

Sec. 99.12 What limitations exist on the right to inspect and review 
records?

(a) If the education records of a student contain information on 
more than one student, the parent or eligible student may inspect and 
review or be informed of only the specific information about that 
student.

(Authority: 20 U.S.C. 1232g(a)(1) (A), (B), (C), and (D))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]

Subpart C--What Are the Procedures for Amending Education Records?

Sec. 99.20 How can a parent or eligible student request amendment of 
the student's education records?

(a) If a parent or eligible student believes the education records 
relating to the student contain information that is inaccurate, 
misleading, or in violation of the student's rights of privacy, he or 
she may ask the educational agency or institution to amend the record.
(b) The educational agency or institution shall decide whether to 
amend the record as requested within a reasonable time after the agency 
or institution receives the request.
(c) If the educational agency or institution decides not to amend 
the record as requested, it shall inform the parent or eligible student 
of its decision and of his or her right to a hearing under Sec. 99.21.

(Authority: 20 U.S.C. 1232g(a)(2))

[53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 
FR 59296, Nov. 21, 1996]

Sec. 99.21 Under what conditions does a parent or eligible student have 
the right to a hearing?

(a) An educational agency or institution shall give a parent or 
eligible student, on request, an opportunity for a hearing to challenge 
the content of the student's education records on the grounds that the 
information contained in the education records is inaccurate, 
misleading, or in violation of the privacy rights of the student.
(b)(1) If, as a result of the hearing, the educational agency or 
institution decides that the information is inaccurate, misleading, or 
otherwise in violation of the privacy rights of the student, it shall:
(i) Amend the record accordingly; and
(ii) Inform the parent or eligible student of the amendment in 
writing.
(2) If, as a result of the hearing, the educational agency or 
institution decides that the information in the education record is not 
inaccurate, misleading, or otherwise in violation of the privacy rights 
of the student, it shall inform the parent or eligible student of the 
right to place a statement in the record commenting on the contested 
information in the record or stating why he or she disagrees with the 
decision of the agency or institution, or both.
(c) If an educational agency or institution places a statement in 
the education records of a student under paragraph (b)(2) of this 
section, the agency or institution shall:
(1) Maintain the statement with the contested part of the record for 
as long as the record is maintained; and

[[Page 293]]

(2) Disclose the statement whenever it discloses the portion of the 
record to which the statement relates.

(Authority: 20 U.S.C. 1232g(a)(2))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]

Sec. 99.22 What minimum requirements exist for the conduct of a 
hearing?

The hearing required by Sec. 99.21 must meet, at a minimum, the 
following requirements:
(a) The educational agency or institution shall hold the hearing 
within a reasonable time after it has received the request for the 
hearing from the parent or eligible student.
(b) The educational agency or institution shall give the parent or 
eligible student notice of the date, time, and place, reasonably in 
advance of the hearing.
(c) The hearing may be conducted by any individual, including an 
official of the educational agency or institution, who does not have a 
direct interest in the outcome of the hearing.
(d) The educational agency or institution shall give the parent or 
eligible student a full and fair opportunity to present evidence 
relevant to the issues raised under Sec. 99.21. The parent or eligible 
student may, at their own expense, be assisted or represented by one or 
more individuals of his or her own choice, including an attorney.
(e) The educational agency or institution shall make its decision in 
writing within a reasonable period of time after the hearing.
(f) The decision must be based solely on the evidence presented at 
the hearing, and must include a summary of the evidence and the reasons 
for the decision.

(Authority: 20 U.S.C. 1232g(a)(2))

Subpart D--May an Educational Agency or Institution Disclose Personally 
Identifiable Information From Education Records?

Sec. 99.30 Under what conditions is prior consent required to disclose 
information?

(a) The parent or eligible student shall provide a signed and dated 
written consent before an educational agency or institution discloses 
personally identifiable information from the student's education 
records, except as provided in Sec. 99.31.
(b) The written consent must:
(1) Specify the records that may be disclosed;
(2) State the purpose of the disclosure; and
(3) Identify the party or class of parties to whom the disclosure 
may be made.
(c) When a disclosure is made under paragraph (a) of this section:
(1) If a parent or eligible student so requests, the educational 
agency or institution shall provide him or her with a copy of the 
records disclosed; and
(2) If the parent of a student who is not an eligible student so 
requests, the agency or institution shall provide the student with a 
copy of the records disclosed.

(Authority: 20 U.S.C. 1232g (b)(1) and (b)(2)(A))

[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993]


Sec. 99.32 What recordkeeping requirements exist concerning requests 
and disclosures?

(a)(1) An educational agency or institution shall maintain a record 
of each request for access to and each disclosure of personally 
identifiable information from the education records of each student.
(2) The agency or institution shall maintain the record with the 
education records of the student as long as the records are maintained.
(3) For each request or disclosure the record must include:
(i) The parties who have requested or received personally 
identifiable information from the education records; and
(ii) The legitimate interests the parties had in requesting or 
obtaining the information.
(b) If an educational agency or institution discloses personally 
identifiable information from an education record with the understanding 
authorized under Sec. 99.33(b), the record of the disclosure required 
under this section must include:
(1) The names of the additional parties to which the receiving party 
may disclose the information on behalf of the educational agency or 
institution; and
(2) The legitimate interests under Sec. 99.31 which each of the 
additional parties has in requesting or obtaining the information.
(c) The following parties may inspect the record relating to each 
student:
(1) The parent or eligible student.
(2) The school official or his or her assistants who are responsible 
for the custody of the records.
(3) Those parties authorized in Sec. 99.31(a) (1) and (3) for the 
purposes of auditing the recordkeeping procedures of the educational 
agency or institution.
(d) Paragraph (a) of this section does not apply if the request was 
from, or the disclosure was to:
(1) The parent or eligible student;
(2) A school official under Sec. 99.31(a)(1);
(3) A party with written consent from the parent or eligible 
student;
(4) A party seeking directory information; or
(5) A party seeking or receiving the records as directed by a 
Federal grand jury or other law enforcement subpoena and the issuing 
court or other issuing agency has ordered that the existence or the 
contents of the subpoena or the information furnished in response to the 
subpoena not be disclosed.

(Approved by the Office of Management and Budget under control number 
1880-0508)

(Authority: 20 U.S.C. 1232g(b)(1) and (b)(4)(A))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996]

Sec. 99.37 What conditions apply to disclosing directory information?

(a) An educational agency or institution may disclose directory 
information if it has given public notice to parents of students in 
attendance and eligible students in attendance at the agency or 
institution of:
(1) The types of personally identifiable information that the agency 
or institution has designated as directory information;
(2) A parent's or eligible student's right to refuse to let the 
agency or institution designate any or all of those types of information 
about the student as directory information; and
(3) The period of time within which a parent or eligible student has 
to notify the agency or institution in writing that he or she does not 
want any or all of those types of information about the student 
designated as directory information.
(b) An educational agency or institution may disclose directory 
information about former students without meeting the conditions in 
paragraph (a) of this section.

(Authority: 20 U.S.C. 1232g(a)(5) (A) and (B))

Subpart E--What Are the Enforcement Procedures?

Sec. 99.60 What functions has the Secretary delegated to the Office and 
to the Office of Administrative Law Judges?

(a) For the purposes of this subpart, Office means the Family Policy 
Compliance Office, U.S. Department of Education.
(b) The Secretary designates the Office to:

[[Page 298]]

(1) Investigate, process, and review complaints and violations under 
the Act and this part; and
(2) Provide technical assistance to ensure compliance with the Act 
and this part.
(c) The Secretary designates the Office of Administrative Law Judges 
to act as the Review Board required under the Act to enforce the Act 
with respect to all applicable programs. The term applicable program is 
defined in section 400 of the General Education Provisions Act.

(Authority: 20 U.S.C. 1232g (f) and (g), 1234)

[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993]

Sec. 99.61 What responsibility does an educational agency or 
institution have concerning conflict with State or local laws?

If an educational agency or institution determines that it cannot 
comply with the Act or this part due to a conflict with State or local 
law, it shall notify the Office within 45 days, giving the text and 
citation of the conflicting law.

(Authority: 20 U.S.C. 1232g(f))

Sec. 99.62 What information must an educational agency or institution 
submit to the Office?

The Office may require an educational agency or institution to 
submit reports containing information necessary to resolve complaints 
under the Act and the regulations in this part.

(Authority: 20 U.S.C. 1232g (f) and (g))

Sec. 99.63 Where are complaints filed?

A parent or eligible student may file a written complaint with the 
Office regarding an alleged violation under the Act and this part. The 
Office's address is: Family Policy Compliance Office, U. S. Department 
of Education, Washington, DC 20202-4605.

(Authority: 20 U.S.C. 1232g(g))

[58 FR 3189, Jan. 7, 1993, as amended at 61 FR 59297, Nov. 21, 1996]

Sec. 99.64 What is the complaint procedure?

(a) A complaint filed under Sec. 99.63 must contain specific 
allegations of fact giving reasonable cause to believe that a violation 
of the Act or this part has occurred.
(b) The Office investigates each timely complaint to determine 
whether the educational agency or institution has failed to comply with 
the provisions of the Act or this part.
(c) A timely complaint is defined as an allegation of a violation of 
the Act that is submitted to the Office within 180 days of the date of 
the alleged violation or of the date that the complainant knew or 
reasonably should have known of the alleged violation.
(d) The Office extends the time limit in this section if the 
complainant shows that he or she was prevented by circumstances beyond 
the complainant's control from submitting the matter within the time 
limit, or for other reasons considered sufficient by the Office.

(Authority: 20 U.S.C. 1232g(f))

[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993]

Sec. 99.65 What is the content of the notice of complaint issued by the 
Office?

(a) The Office notifies the complainant and the educational agency 
or institution in writing if it initiates an investigation of a 
complaint under Sec. 99.64(b). The notice to the educational agency or 
institution--
(1) Includes the substance of the alleged violation; and
(2) Asks the agency or institution to submit a written response to 
the complaint.
(b) The Office notifies the complainant if it does not initiate an 
investigation of a complaint because the complaint fails to meet the 
requirements of Sec. 99.64.

(Authority: 20 U.S.C. 1232g(g))

[58 FR 3189, Jan. 7, 1993]

[[Page 299]]

Sec. 99.66 What are the responsibilities of the Office in the 
enforcement process?

(a) The Office reviews the complaint and response and may permit the 
parties to submit further written or oral arguments or information.
(b) Following its investigation, the Office provides to the 
complainant and the educational agency or institution written notice of 
its findings and the basis for its findings.
(c) If the Office finds that the educational agency or institution 
has not complied with the Act or this part, the notice under paragraph 
(b) of this section:
(1) Includes a statement of the specific steps that the agency or 
institution must take to comply; and
(2) Provides a reasonable period of time, given all of the 
circumstances of the case, during which the educational agency or 
institution may comply voluntarily.

(Authority: 20 U.S.C. 1232g(f))

Sec. 99.67 How does the Secretary enforce decisions?

(a) If the educational agency or institution does not comply during 
the period of time set under Sec. 99.66(c), the Secretary may, in 
accordance with part E of the General Education Provisions Act--
(1) Withhold further payments under any applicable program;
(2) Issue a compliant to compel compliance through a cease-and-
desist order; or
(3) Terminate eligibility to receive funding under any applicable 
program.
(b) If, after an investigation under Sec. 99.66, the Secretary finds 
that an educational agency or institution has complied voluntarily with 
the Act or this part, the Secretary provides the complainant and the 
agency or institution written notice of the decision and the basis for 
the decision.

(Note: 34 CFR part 78 contains the regulations of the Education 
Appeal Board)

(Authority: 20 U.S.C. 1232g(f); 20 U.S.C. 1234)

[53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 58 
FR 3189, Jan. 7, 1993]

[[Page 301]]

Subtitle B--Regulations of the Offices of the Department of Education
[[Page 303]]