[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR99.12]



[Page 321-322]

 

                           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. 99.12  What limitations exist on the right to inspect and review 

records?



    (a) If the education records of a student contain information on 

more than one student, the parent or eligible student may inspect and 

review or be informed of only the specific information about that 

student.

    (b) A postsecondary institution does not have to permit a student to 

inspect and review education records that are:

    (1) Financial records, including any information those records 

contain, of his or her parents;



[[Page 322]]



    (2) Confidential letters and confidential statements of 

recommendation placed in the education records of the student before 

January 1, 1975, as long as the statements are used only for the 

purposes for which they were specifically intended; and

    (3) Confidential letters and confidential statements of 

recommendation placed in the student's education records after January 

1, 1975, if:

    (i) The student has waived his or her right to inspect and review 

those letters and statements; and

    (ii) Those letters and statements are related to the student's:

    (A) Admission to an educational institution;

    (B) Application for employment; or

    (C) Receipt of an honor or honorary recognition.

    (c)(1) A waiver under paragraph (b)(3)(i) of this section is valid 

only if:

    (i) The educational agency or institution does not require the 

waiver as a condition for admission to or receipt of a service or 

benefit from the agency or institution; and

    (ii) The waiver is made in writing and signed by the student, 

regardless of age.

    (2) If a student has waived his or her rights under paragraph 

(b)(3)(i) of this section, the educational institution shall:

    (i) Give the student, on request, the names of the individuals who 

provided the letters and statements of recommendation; and

    (ii) Use the letters and statements of recommendation only for the 

purpose for which they were intended.

    (3)(i) A waiver under paragraph (b)(3)(i) of this section may be 

revoked with respect to any actions occurring after the revocation.

    (ii) A revocation under paragraph (c)(3)(i) of this section must be 

in writing.



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



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