[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR99.10]



[Page 321]

 

                           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]