C.F.R. » Title 34 » PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY › Subpart A—General

34 C.F.R. § 99.2

What is the purpose of these regulations?

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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) Note to § 99.2:

34 CFR 300.610 through 300.626 contain requirements regarding the confidentiality of information relating to children with disabilities who receive evaluations, services or other benefits under Part B of the Individuals with Disabilities Education Act (IDEA). 34 CFR 303.402 and 303.460 identify the confidentiality of information requirements regarding children and infants and toddlers with disabilities and their families who receive evaluations, services, or other benefits under Part C of IDEA. 34 CFR 300.610 through 300.627 contain the confidentiality of information requirements that apply to personally identifiable data, information, and records collected or maintained pursuant to Part B of the IDEA.

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 73 FR 74851, Dec. 9, 2008]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1991–2023 · leading case: State ex rel. Sch. Choice Ohio, Inc. v. Cincinnati Pub. Sch. Dist. (Slip Opinion), 2016 Ohio 5026 (Ohio 2016).
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State ex rel. Sch. Choice Ohio, Inc. v. Cincinnati Pub. Sch. Dist. (Slip Opinion), 2016 Ohio 5026 (Ohio 2016). · cites it 2× “34 C.F.R. 99.2. The regulation governing directory information, 34 C.”
Krakauer v. State Ex Rel. Comm'r of Higher Educ., 2016 MT 230 (Mont. 2016). · cites it 2× “” Pioneer Press, ¶ 24; see also 34 C.F.R. § 99.2 (“The purpose of this part is to set out requirements for the protection of privacy of parents and students .”
Bauer v. Kincaid, 759 F. Supp. 575 (W.D. Mo. 1991). “The implementing regulation, 34 C.F.R. § 99.2 , indicates that the purpose of FERPA is to set out requirements for the protection of privacy of parents and students under § 438 of the General Education Provisions Act.”
Arthur West v. Tesc Bd. Of Trs., 414 P.3d 614 (Wash. Ct. App. 2018). · cites it 2× “FERPA prohibits educational institutions that receive federal funding from disclosing education records or personally identifiable information from those records without first receiving the students’ written consent.”
S.O. v. Rescue Union S.D. (E.D. Cal. 2023). · cites it 5× “; 34 CFR §99.2 , et seq.; 14 (2) whether defendants must produce personnel files for the individual defendants; and (3) 15 whether defendants must produce documents related to evidence of student bullying, sexual 16 harassment, and assault on district campuses beyond the one…”
Easton Area SD, Aplt. v. Miller, R. (Pa. 2020). “; 34 C.F.R. §99.2 ; see also USDOE, description of Family Educational Rights and Privacy Act, accessible at https://www2.”
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