34 C.F.R. § 99.21

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

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(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

(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]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2000–2021 · leading case: Taylor v. Vermont Dep't of Educ., 313 F.3d 768 (2d Cir. 2002).

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Taylor v. Vermont Dep't of Educ., 313 F.3d 768 (2d Cir. 2002). · cites it 2× “Third, she seeks to challenge the content of her daughter’s education records pursuant to 34 C.F.R. § 99.21 . She also requests compensatory damages for violations of her rights under *776 the IDEA and FERPA, including defendants’ previous and continuing refusal to give her…”

Goodreau v. Rector & Visitors of the Univ. of Virginia, 116 F. Supp. 2d 694 (W.D. Va. 2000). “See 34 CFR § 99.21 . Although there is a split of authority over whether FERPA can form the basis of a claim under section 1983, the trend is to allow such claims, and the Fourth Circuit seems to have adopted this view.”

D.o., Individually, & on Behalf of M.o., Etc. Vs. Jackson Twp. Bd. of Educ. (l-1738-16, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). · cites it 2× “619 mirrors the hearing requirement set forth in FERPA's regulations at 34 C.F.R. § 99.21 (a), which states that parents or eligible students are entitled to "an opportunity for a hearing to challenge the content of the student's education records on the grounds that the…”

— 34 C.F.R. § 99.21(b) — 1 case

D.o., Individually, & on Behalf of M.o., Etc. Vs. Jackson Twp. Bd. of Educ. (l-1738-16, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “619 mirrors the hearing requirement set forth in FERPA's regulations at 34 C.F.R. § 99.21 (a), which states that parents or eligible students are entitled to "an opportunity for a hearing to challenge the content of the student's education records on the grounds that the…”

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