34 C.F.R. § 99.37

What conditions apply to disclosing directory information?

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(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of:

(1) The types of personally identifiable information that the agency or institution has designated as directory information;

(2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student as directory information; and

(3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

(b) An educational agency or institution may disclose directory information about former students without complying with the notice and opt out conditions in paragraph (a) of this section. However, the agency or institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request.

(c) A parent or eligible student may not use the right under paragraph (a)(2) of this section to opt out of directory information disclosures to—

(1) Prevent an educational agency or institution from disclosing or requiring a student to disclose the student's name, identifier, or institutional email address in a class in which the student is enrolled; or

(2) Prevent an educational agency or institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information under § 99.3 and that has been properly designated by the educational agency or institution as directory information in the public notice provided under paragraph (a)(1) of this section.

(d) In its public notice to parents and eligible students in attendance at the agency or institution that is described in paragraph (a) of this section, an educational agency or institution may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. When an educational agency or institution specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information disclosures to those specified in its public notice that is described in paragraph (a) of this section.

(e) An educational agency or institution may not disclose or confirm directory information without meeting the written consent requirements in § 99.30 if a student's social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student's records.

(Authority: 20 U.S.C. 1232g(a)(5) (A) and (B)) [53 FR 11943, Apr. 11, 1988, as amended at 73 FR 74854, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011]

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1987–2024 · 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 6× “The regulation governing directory information, 34 C.F.R. 99.37, provides: In its public notice to parents * * *, an educational agency or institution may specify that disclosure of directory information will 10 January Term, 2016 be limited to specific parties, for specific…”

Oregon County R-IV School District v. LeMon (1987) moctapp · cites it 2× “34 C.F.R. 99.37 permits disclosure of directory information from the education records of a student who is in attendance at the institution if that information has been designated as directory information under § 99.”

L&M Bus Corp. v. New York City Department of Education (2009) nyappdiv “Moreover, while petitioners persuasively contend that mere zip codes will not allow a reasonable assessment of the number of buses required to service a particular geographic zone, they state that identifying the cross streets between which pupils live will be sufficient for…”

Brent v. Paquette (1989) nh “See 34 CFR § 99.37 (1988) (educational institution may not disclose directory information without providing public notice to parents and giving them opportunity to refuse to have such information designated *430 “directory”).”

STATE OF NEW JERSEY VS. J.S.G. (13-12-1208, GLOUCESTER COUNTY AND STATEWIDE) (2018) njsuperctappdiv “[ 34 C.F.R. § 99.37 (a) (emphasis added).] Here, the State argues that the name of a student's parent is included as "directory information" because the definition of "directory information" "includes, but is not limited to, the student's name.”

Hicks v. Houston Baptist University (2020) nced · cites it 3× “§ 1232g(a)(5)(A); 34 C.F.R. § 99.37 (a). Moreover, “[a]n educational agency or institution may disclose directory information about former students without complying with the notice and opt out conditions” required by § 99.”

STATE OF NEW JERSEY VS. J.S.G. (13-12-1208, GLOUCESTER COUNTY AND STATEWIDE) (2018) njsuperctappdiv · cites it 2× “[ 34 C.F.R. § 99.37 (a) (emphasis added).] Here, the State argues that the name of a student's parent is included as "directory information" because the definition of "directory information" "includes, but is not limited to, the student's name.”

Hicks v. Houston Baptist University (2019) nced · cites it 2× “Plaintiff allegedly consented to the release of her directory information, pursuant to regulations under FERPA, 34 C.F.R. § 99.37 , by not submitting to the appropriate office at ACC the form used by ACC to request that ACC withhold the directory information from public…”

State Ex Rel. Candice McQueen v. Metropolitan Nashville Board of Public Education (2019) tennctapp “” 6 34 C.F.R. 99.37(a) provides: An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: (1) The types of personally…”

Graham v. State University of New York at Albany (2023) ca2 “§ 1232g(a)(5)(A)–(B); 34 C.F.R. § 99.37 (a). The University has clearly 3 Co.”

John Doe v. P Trustees of Dartmouth College (2024) nhd “” 34 C.F.R. § 99.37 (d). At the time Clemens told Smith Doe’s intended date of return to Geisel, Geisel’s Records Policy set forth its policy on disclosure of student information.”

— 34 C.F.R. § 99.37(a) — 1 case

— 34 C.F.R. § 99.37(d) — 1 case

State ex rel. School Choice Ohio, Inc. v. Cincinnati Pub. School Dist. (Slip Opinion) (2016) ohio “The regulation governing directory information, 34 C.F.R. 99.37, provides: In its public notice to parents * * *, an educational agency or institution may specify that disclosure of directory information will 10 January Term, 2016 be limited to specific parties, for specific…”

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