34 C.F.R. § 99.1

To which educational agencies or institutions do these regulations apply?

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(a) Except as otherwise noted in § 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 is authorized to direct and control public elementary or secondary, or postsecondary educational institutions.

(b) This part does not apply to an educational agency or institution solely because students attending that agency or institution receive non-monetary benefits under a program referenced in paragraph (a) of this section, if no funds under that program are made available to the agency or institution.

(c) The Secretary considers funds to be made available to an educational agency or institution of funds under one or more of the programs referenced in paragraph (a) of this section—

(1) Are provided to the agency or institution by grant, cooperative agreement, contract, subgrant, or subcontract; or

(2) Are provided to students attending the agency or institution and the funds may be paid to the agency or institution by those students for educational purposes, such as under the Pell Grant Program and the Guaranteed Student Loan Program (titles IV-A-1 and IV-B, respectively, of the Higher Education Act of 1965, as amended).

(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; 65 FR 41852, July 6, 2000]

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1987–2025 · leading case: State ex rel. School Choice Ohio, Inc. v. Cincinnati Pub. School Dist. (Slip Opinion)

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State ex rel. School Choice Ohio, Inc. v. Cincinnati Pub. School Dist. (Slip Opinion) (2016) ohio · cites it 2× “Further guidance, however, is provided in 34 C.F.R. 99.1 et seq., which “set[s] out requirements for the protection of privacy of parents and students” pursuant to FERPA.”

Norris Ex Rel. Norris v. Board of Education (1992) insd · cites it 2× “Plaintiffs have failed to state a claim under federal law and have failed to provide the necessary factual support for a claim under Indiana common law.”

Doe H. v. Haskell Indian Nations University (2017) ksd “§ 1232g, 34 C.F.R. 99.1. However, plaintiff submits no authority for the blanket sealing of all exhibits which happens to bear her name.”

Belanger v. Nashua, New Hampshire, School District (1994) nhd “Accordingly, the court must determine as a matter of law whether the District violated FERPA and IDEA when it denied Theresa B.”

Oregon County R-IV School District v. LeMon (1987) moctapp “In connection with ground (c), the school district points out that it “has received and now receives various funds un *558 der Title 20 of the U.”

Osborn v. Board of Regents of the University of Wisconsin System (2001) wisctapp · cites it 4× “Under 34 C.F.R. § 99.1 , an "educational agency" is included within FERPA if it "provides educational services" or "performs service functions for, public elementary, or secondary schools or post secondary institutions.”

Doe v. Pontifical College Josephinum (2017) ohioctapp “1232g(a)(1)(A); 34 C.F.R. 99.1(c)(2). The amended complaint also contains the allegation that "[o]n information and belief," the college receives federal funding.”

Mardis v. HANNIBAL PUBLIC SCHOOL DIST. (2010) moed “§ 1232g(b); 34 C.F.R. § 99.1 , et seq. The District claims that it will not send a student's disciplinary records in response to any employer's or institute of higher education's request for records.”

Osborn v. BOARD OF REGENTS OF UNIV. OF WISCONSIN (2001) wisctapp · cites it 4× “Since there is no record of where those entities received their funding, the only possible conclusion is that the records custodian has failed to show that the entities enjoy the protection of 34 C.F.R. §§ 99.1 and 99.3 (2000). [2] Without that protection, the *982 Board of…”

State of New York v. United States Department of Education (2020) nysd “§ 1232g; 34 C.F.R. §§ 99.1 -.67; see 2001 Guidance at vii.”

Kenneth Wayne Price v. Tamalpais Union High School District, et al. (2025) cand “16 However, Defendant’s argument Plaintiff fails to state a FEHA claim because the Family 17 Educational Rights and Privacy Act (“FERPA”), 34 C.F.R. § 99.1 , et seq., limited TUHSD’s 18 ability to share information about the video is unavailing.”

T.S. v. Penn Manor School District (2002) pacommwct “of Education, 34 C.F.R. § 99.1 , and the Guidelines of the State Board of Education relating to due process procedures found in 22 Pa.”

— 34 C.F.R. § 99.1(c)(2) — 1 case

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