34 C.F.R. § 99.67

How does the Secretary enforce decisions?

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(a) If an educational agency or institution or other recipient of Department funds under any program administered by the Secretary does not comply during the period of time set under § 99.66(c), the Secretary may take any legally available enforcement action in accordance with the Act, including, but not limited to, the following enforcement actions available in accordance with part D of the General Education Provisions Act—

(1) Withhold further payments under any applicable program;

(2) Issue a complaint to compel compliance through a cease and desist order; or

(3) Terminate eligibility to receive funding under any applicable program.

(b) If, after an investigation under § 99.66, the Secretary finds that an educational agency or institution, other recipient, or third party has complied voluntarily with the Act or this part, the Secretary provides the complainant and the agency or institution, other recipient, or third party with written notice of the decision and the basis for the decision.

(c) If the Office finds that a third party, outside the educational agency or institution, violates § 99.31(a)(6)(iii)(B), then the educational agency or institution from which the personally identifiable information originated may not allow the third party found to be responsible for the violation of § 99.31(a)(6)(iii)(B) access to personally identifiable information from education records for at least five years.

(d) If the Office finds that a State or local educational authority, a Federal agency headed by an official listed in § 99.31(a)(3), or an authorized representative of a State or local educational authority or a Federal agency headed by an official listed in § 99.31(a)(3), improperly rediscloses personally identifiable information from education records, then the educational agency or institution from which the personally identifiable information originated may not allow the third party found to be responsible for the improper redisclosure access to personally identifiable information from education records for at least five years.

(e) If the Office finds that a third party, outside the educational agency or institution, improperly rediscloses personally identifiable information from education records in violation of § 99.33 or fails to provide the notification required under § 99.33(b)(2), then the educational agency or institution from which the personally identifiable information originated may not allow the third party found to be responsible for the violation access to personally identifiable information from education records for at least five years.

(Authority: 20 U.S.C. 1232g(b)(4)(B) and (f); 20 U.S.C. 1234c) [76 FR 75643, Dec. 2, 2011]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2000–2025 · leading case: Curto v. Smith, 248 F. Supp. 2d 132 (N.D.N.Y. 2003).

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Curto v. Smith, 248 F. Supp. 2d 132 (N.D.N.Y. 2003). “, dissenting); see 34 C.F.R. § 99.67 (a) (stating that the Secretary of Education "may” enforce FERPA violations through various mechanisms).”

United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000). “§§ 1232g(f), 1234c; 34 C.F.R. § 99.67 . The fact that Congress provided these types of remedies under FERPA illustrates its intention to place restrictions and obligations on schools and institutions covered by the statute.”

Falvo v. Owasso Indep. Sch. Dist. No. 1-011, 233 F.3d 1203 (10th Cir. 2000). “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 federal funding.”

Doe v. Pontifical Coll. Josephinum, 2017 Ohio 1172 (Ohio Ct. App. 2017). “The Secretary then enforces decisions in accordance with 34 C.F.R. 99.67. {¶ 29} The action against the college is for the most part in contract and based on denying appellant access to his records in violation of the school's policies (created in accordance with FERPA) and is…”

Gulli v. Leavitt (E.D. Tenn. 2025). “34 C.F.R. § 99.67 . Defendant has filed its motion to dismiss arguing Plaintiff has failed to state a claim upon which relief can be granted, based on Fed.”

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