34 C.F.R. § 99.11

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

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(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))
Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 1981–2024 · leading case: Mark Tarka v. G. Charles Franklin
Mark Tarka v. G. Charles Franklin (1989) ca5 “§ 1232g(a)(l)(A), (a)(2) and (d); see also 34 C.F.R. §§ 99.11 -.12. Initially, the University denied Plaintiff access to his files because he had allegedly signed a waiver of his right of access pursuant to 20 U.”
Page v. Rotterdam-Mohonasen Central School District (1981) nysupct “The regulations implementing the act (34 CFR 99.11) allow inspection by either parent, without regard to custody, unless such access is barred by State law, court order or legally binding instrument.”
DOE v. RUTGERS (2022) njd · cites it 3× “§ 1232g(a)(1) and its implementing regulations, 34 C.F.R. § 99.11 . (Id. ¶ 58–59.) Doe filed this case in the Superior Court of New Jersey, Middlesex County, Law Division on August 2, 2021.”
DOE v. RUTGERS (2022) njd · cites it 3× “§ 1232g(a)(1) and its implementing regulations, 34 C.F.R. § 99.11 . (Id. ¶ 58–59.) “Claim 3” asserts that the imposition of a special services charge related to element (2) of OPRA 2 was unreasonable under OPRA and violated FERPA.”
Chris Doe v. Rutgers, the State University of New Jersey (2024) njsuperctappdiv · cites it 2× “The complaint alleged the special service charge violated FERPA and 34 C.F.R. § 99.11 (b) and "constructive[ly] den[ied] .”
Chris Doe v. Rutgers (2023) ca3 “§ 1232g(a)(1), a provision of FERPA that gives students and their parents a right of access to their education records, and 34 C.F.R. § 99.11 (b), an implementing regulation that prohibits educational institutions from charging a fee for providing the required access to…”
— 34 C.F.R. § 99.11(b) — 1 case
DOE v. RUTGERS (2022) njd “§ 1232g(a)(1) and its implementing regulations, 34 C.F.R. § 99.11 . (Id. ¶ 58–59.) Doe filed this case in the Superior Court of New Jersey, Middlesex County, Law Division on August 2, 2021.”
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