[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.1]

[Page 288-289]
 
                           TITLE 34--EDUCATION
 
PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
                            Subpart A_General
 
Sec. 99.1  To which educational agencies or institutions do these regulations apply?


    (a) Except as otherwise noted in Sec. 99.10, this part applies to an 
educational agency or institution to which funds have been made 
available under

[[Page 289]]

any program administered by the Secretary, if--
    (1) The educational institution provides educational services or 
instruction, or both, to students; or
    (2) The educational agency is authorized to direct and control 
public elementary or secondary, or postsecondary educational 
institutions.
    (b) This part does not apply to an educational agency or institution 
solely because students attending that agency or institution receive 
non-monetary benefits under a program referenced in paragraph (a) of 
this section, if no funds under that program are made available to the 
agency or institution.
    (c) The Secretary considers funds to be made available to an 
educational agency or institution of funds under one or more of the 
programs referenced in paragraph (a) of this section--
    (1) Are provided to the agency or institution by grant, cooperative 
agreement, contract, subgrant, or subcontract; or
    (2) Are provided to students attending the agency or institution and 
the funds may be paid to the agency or institution by those students for 
educational purposes, such as under the Pell Grant Program and the 
Guaranteed Student Loan Program (titles IV-A-1 and IV-B, respectively, 
of the Higher Education Act of 1965, as amended).
    (d) If an educational agency or institution receives funds under one 
or more of the programs covered by this section, the regulations in this 
part apply to the recipient as a whole, including each of its components 
(such as a department within a university).

(Authority: 20 U.S.C. 1232g)

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 
65 FR 41852, July 6, 2000]