---
title: "34 CFR 99.12 FERPA: What limitations exist on the right to inspect and review records?"
canonical: "https://dposchool.com/ferpa/section/99.12"
source: "https://www.ecfr.gov/current/title-34/section-99.12"
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 99.12 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

### 34 CFR 99.12(a)

**(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.

### 34 CFR 99.12(b)

**(b)** A postsecondary institution does not have to permit a student to inspect and review education records that are:

#### 34 CFR 99.12(b)(1)

**(1)** Financial records, including any information those records contain, of his or her parents;

#### 34 CFR 99.12(b)(2)

**(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

#### 34 CFR 99.12(b)(3)

**(3)** Confidential letters and confidential statements of recommendation placed in the student's education records after January 1, 1975, if:

##### 34 CFR 99.12(b)(3)(i)

**(i)** The student has waived his or her right to inspect and review those letters and statements; and

##### 34 CFR 99.12(b)(3)(ii)

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

###### 34 CFR 99.12(b)(3)(ii)(A)

**(A)** Admission to an educational institution;

###### 34 CFR 99.12(b)(3)(ii)(B)

**(B)** Application for employment; or

###### 34 CFR 99.12(b)(3)(ii)(C)

**(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.

#### 34 CFR 99.12(b)(2)

**(2)** If a student has waived his or her rights under paragraph (b)(3)(i) of this section, the educational institution shall:

##### 34 CFR 99.12(b)(2)(i)

**(i)** Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and

##### 34 CFR 99.12(b)(2)(ii)

**(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.

##### 34 CFR 99.12(b)(2)(ii)

**(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))

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

[34 CFR 99.12 on eCFR](https://www.ecfr.gov/current/title-34/section-99.12)

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 99.12

Previous: [34 CFR 99.11 FERPA: May an educational agency or institution charge a fee for copies of education records?](https://dposchool.com/ferpa/section/99.11)

Next: [34 CFR 99.20 FERPA: How can a parent or eligible student request amendment of the student's education records?](https://dposchool.com/ferpa/section/99.20)

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