(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 § 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.
(d) “Signed and dated written consent” under this part may include a record and signature in electronic form that—
(1) Identifies and authenticates a particular person as the source of the electronic consent; and
(2) Indicates such person's approval of the information contained in the electronic consent.
(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; 69 FR 21671, Apr. 21, 2004]
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1987–2026 · leading case:
John Doe v. Univ. of S. Cal., 241 Cal. Rptr. 3d 146 (Cal. Ct. App. 5th 2018).
John Doe v. Univ. of S. Cal., 241 Cal. Rptr. 3d 146 (Cal. Ct. App. 5th 2018).
“§ 1232g(b) ; 34 C.F.R. § 99.30 .) Because we conclude John was denied a fair hearing, we do not reach John's other contentions, including whether substantial evidence supported USC's decision to expel John for violations of the student conduct code and other grounds John asserts…”
State ex rel. Frank v. Ohio State Univ. (Slip Opinion), 2020 Ohio 3422 (Ohio 2020).
· cites it 2× “1232g(b)(2)(A); 34 C.F.R. 99.30(a). The written consent must (1) specify the records to be disclosed, (2) state the purpose of the disclosure, and (3) identify the parties or class of parties to whom the disclosure may be made.”
John Doe v. Roe, 295 F. Supp. 3d 664 (E.D. Va. 2018).
“§ 1232g ; see also 34 C.F.R. § 99.30 ("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 § 99.”
State ex rel. Ware v. Wine, 2022 Ohio 4472 (Ohio 2022).
“1232g(b)(2)(A); 34 C.F.R. 99.30(a). Frank at ¶ 10 . {¶ 37} At the time of the initial request, the attorney did not disclose that he was representing a student, and the request did not contain a FERPA waiver.”
United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000).
“34 C.F.R. § 99.30 (a). 16 The issue before the Court is the scope of the term “education records,” and *1149 whether it includes student disciplinary records.”
Oregon Cnty. R-IV Sch. Dist. v. LeMon, 739 S.W.2d 553 (Mo. Ct. App. 1987).
“” 34 C.F.R. 99.30 and 99.31 contain regulations concerning the disclosure, by an educational institution or agency, of personally identifiable information, other than directory information, from the education records of a student.”
Taylor v. Vermont Dep't of Educ., 313 F.3d 768 (2d Cir. 2002).
“For example, Taylor claims that she is entitled to an identification of all records released by the Weybridge School District to various outside consultants, presumably pursuant to 34 C.F.R. § 99.30 , even though she has apparently received the reports prepared on the basis of…”
Porter v. Dawson Educ. Serv. Coop., 150 F.3d 887 (8th Cir. 1998).
“4 Appellant objected to the inclusion of the students’ names because she believed that federal regulations required that personal identification information be kept confidential, citing 34 C.F.R. § 99.30 . Dr. James Ford, the director of Dawson, sent a letter to the parents of…”
L.r., Etc. Vs. Camden City Pub. Sch. Dist. L.r., Etc. Vs. Parsippany-troy Hills Twp. Pub. Sch. Dist. the Innisfree Found. Vs. Hillsborough Twp. Bd. of Educationthe Innisfree Found. Vs. Cherry Hill Bd. Ofeducation(l-2736-14, Camden Cnty. & Statewide L-3104-14,morris Cnty. & Statewide L-1372-15, Somerset Countyand Statewide L-3902-15, Camden Cnty. & Statewide)(Consol.) (N.J. Super. Ct. App. Div. 2017).
“§ 1232g(b)(1) (2017); see 34 C.F.R. § 99.30 (2017). "Education records" under FERPA are considered to be: "records, files, documents, and other materials" containing information directly related to a student, which "are maintained by an educational agency or institution or by 24…”
Doe v. Univ. of S. Calif. (Cal. Ct. App. 2018).
“§ 1232g(b); 34 C.F.R. § 99.30 .) 39 Because we conclude John was denied a fair hearing, we do not reach John’s other contentions, including whether substantial evidence supported USC’s decision to expel John for violations of the student conduct code and other grounds John…”
— 34 C.F.R. § 99.30(a) — 2 cases
State ex rel. Ware v. Wine, 2022 Ohio 4472 (Ohio 2022).
“1232g(b)(2)(A); 34 C.F.R. 99.30(a). Frank at ¶ 10 . {¶ 37} At the time of the initial request, the attorney did not disclose that he was representing a student, and the request did not contain a FERPA waiver.”
State ex rel. Frank v. Ohio State Univ. (Slip Opinion), 2020 Ohio 3422 (Ohio 2020).
“1232g(b)(2)(A); 34 C.F.R. 99.30(a). The written consent must (1) specify the records to be disclosed, (2) state the purpose of the disclosure, and (3) identify the parties or class of parties to whom the disclosure may be made.”
— 34 C.F.R. § 99.30(b) — 1 case
State ex rel. Frank v. Ohio State Univ. (Slip Opinion), 2020 Ohio 3422 (Ohio 2020).
“1232g(b)(2)(A); 34 C.F.R. 99.30(a). The written consent must (1) specify the records to be disclosed, (2) state the purpose of the disclosure, and (3) identify the parties or class of parties to whom the disclosure may be made.”
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