34 CFR 99.12 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart B: What Are the Rights of Inspection and Review of Education Records?
34 CFR 99.12 FERPA: What limitations exist on the right to inspect and review records?
eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.
Official text
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.
A postsecondary institution does not have to permit a student to inspect and review education records that are:
Financial records, including any information those records contain, of his or her parents;
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
Confidential letters and confidential statements of recommendation placed in the student's education records after January 1, 1975, if:
The student has waived his or her right to inspect and review those letters and statements; and
Those letters and statements are related to the student's:
Admission to an educational institution;
Application for employment; or
Receipt of an honor or honorary recognition.
A waiver under paragraph (b)(3)(i) of this section is valid only if:
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
The waiver is made in writing and signed by the student, regardless of age.
If a student has waived his or her rights under paragraph (b)(3)(i) of this section, the educational institution shall:
Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and
Use the letters and statements of recommendation only for the purpose for which they were intended.
A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation.
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))
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 59296, Nov. 21, 1996]
eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.
This is reference material, not legal advice.