[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.10]

[Page 303]
 
                           TITLE 34--EDUCATION
 
PART 99--FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
  Subpart B--What Are the Rights of Inspection and Review of Education 
                                Records?
 
Sec. 99.10  What rights exist for a parent or eligible student to inspect 
and review education records?


    (a) Except as limited under Sec. 99.12, a parent or eligible student 
must be given the opportunity to inspect and review the student's 
education records. This provision applies to--
    (1) Any educational agency or institution; and
    (2) Any State educational agency (SEA) and its components.
    (i) For the purposes of subpart B of this part, an SEA and its 
components constitute an educational agency or institution.
    (ii) An SEA and its components are subject to subpart B of this part 
if the SEA maintains education records on students who are or have been 
in attendance at any school of an educational agency or institution 
subject to the Act and this part.
    (b) The educational agency or institution, or SEA or its component, 
shall comply with a request for access to records within a reasonable 
period of time, but not more than 45 days after it has received the 
request.
    (c) The educational agency or institution, or SEA or its component 
shall respond to reasonable requests for explanations and 
interpretations of the records.
    (d) If circumstances effectively prevent the parent or eligible 
student from exercising the right to inspect and review the student's 
education records, the educational agency or institution, or SEA or its 
component, shall--
    (1) Provide the parent or eligible student with a copy of the 
records requested; or
    (2) Make other arrangements for the parent or eligible student to 
inspect and review the requested records.
    (e) The educational agency or institution, or SEA or its component 
shall not destroy any education records if there is an outstanding 
request to inspect and review the records under this section.
    (f) While an education agency or institution is not required to give 
an eligible student access to treatment records under paragraph (b)(4) 
of the definition of Education records in Sec. 99.3, the student may 
have those records reviewed by a physician or other appropriate 
professional of the student's choice.

(Authority: 20 U.S.C. 1232g(a)(1) (A) and (B))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]