--- title: "34 CFR 99.1 FERPA: To which educational agencies or institutions do these regulations apply?" canonical: "https://dposchool.com/ferpa/section/99.1" source: "https://www.ecfr.gov/current/title-34/section-99.1" source_note: "Source: United States Code, title 20, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 34, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 34 CFR 99.1 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart A: General # 34 CFR 99.1 FERPA: To which educational agencies or institutions do these regulations apply? eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 34 CFR 99.1(a) **(a)** Except as otherwise noted in § 99.10, this part applies to an educational agency or institution to which funds have been made available under any program administered by the Secretary, if— #### 34 CFR 99.1(a)(1) **(1)** The educational institution provides educational services or instruction, or both, to students; or #### 34 CFR 99.1(a)(2) **(2)** The educational agency is authorized to direct and control public elementary or secondary, or postsecondary educational institutions. ### 34 CFR 99.1(b) **(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. ### 34 CFR 99.1(c) **(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— #### 34 CFR 99.1(c)(1) **(1)** Are provided to the agency or institution by grant, cooperative agreement, contract, subgrant, or subcontract; or #### 34 CFR 99.1(c)(2) **(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). ### 34 CFR 99.1(d) **(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) ## Source Source: Electronic Code of Federal Regulations (eCFR), title 34, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. Source credit: \[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 65 FR 41852, July 6, 2000\] [34 CFR 99.1 on eCFR](https://www.ecfr.gov/current/title-34/section-99.1) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [FERPA Navigator](https://dposchool.com/ferpa) / 34 CFR 99.1 Previous: [20 U.S.C. 1232g FERPA: Family educational and privacy rights](https://dposchool.com/ferpa/section/1232g) Next: [34 CFR 99.2 FERPA: What is the purpose of these regulations?](https://dposchool.com/ferpa/section/99.2) ## For AI agents - Machine-readable index: https://dposchool.com/ferpa/llms.txt - JSON API: https://dposchool.com/ferpa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents