(a) For the purposes of this subpart, Office means the Office of the Chief Privacy Officer, U.S. Department of Education.
(b) The Secretary designates the Office to:
(1) Investigate, process, and review complaints and violations under the Act and this part; and
(2) Provide technical assistance to ensure compliance with the Act and this part.
(c) The Secretary designates the Office of Administrative Law Judges to act as the Review Board required under the Act to enforce the Act with respect to all applicable programs. The term applicable program is defined in section 400 of the General Education Provisions Act.
(Authority: 20 U.S.C. 1232g (f) and (g), 1234)
[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 82 FR 6253, Jan. 19, 2017]
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1986–2025 · leading case:
Gonzaga Univ. v. Doe, 536 U.S. 273 (2002).
Gonzaga Univ. v. Doe, 536 U.S. 273 (2002).
· cites it 2× “" 34 CFR §§ 99.60 (a) and (b) (2001). The FPCO permits students and parents who suspect a violation of the Act to file individual written complaints.”
Falvo v. Owasso Indep. Sch. Dist. No. 1-011, 233 F.3d 1203 (10th Cir. 2000).
· cites it 2× “§ 1232g(f); see 34 C.F.R. §§ 99.60 -.67. Ultimately, however, the only remedy which a complaining parent or student may obtain through these proceedings is the same which Congress itself set out in the statute: the Secretary of Education may terminate the violating institution’s…”
Student Press Law Ctr. v. Alexander, 778 F. Supp. 1227 (D.D.C. 1991).
“34 C.F.R. § 99.60 (b) (1991). The Compliance Office does not take formal action under the FERPA on its own initiative.”
Belanger v. Nashua, 856 F. Supp. 40 (D.N.H. 1994).
““Although FERPA authorizes extensive enforcement procedures created by regulation, see 34 C.F.R. §§ 99.60 -.67 (1985), these regulations do not demonstrate a congressional intent to preclude suits under section 1983 to remedy violations of FERPA.”
Mele v. Travers, 293 A.D.2d 950 (N.Y. App. Div. 3d Dep't 2002).
“Moreover, such a cause of action would also need to allege that the mother timely filed a complaint with the Secretary of Education concerning the alleged violation (see, 20 USC § 1232g [f], [g]; 34 CFR 99.60—99.67; Weixel v Board of Educ.”
Fay v. South Colonie Cent. Sch. Dist., 802 F.2d 21 (2d Cir. 1986).
“Although FERPA authorizes extensive enforcement procedures created by regulation, see 34 C.F.R. §§ 99.60 -.67 (1985), these regulations do not demonstrate a congressional intent to preclude suits under section 1983 to remedy violations of FER-PA.”
34 C.F.R. § 99.60(c): 1 case
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