--- title: "34 CFR 99.21 FERPA: Under what conditions does a parent or eligible student have the right to a hearing?" canonical: "https://dposchool.com/ferpa/section/99.21" source: "https://www.ecfr.gov/current/title-34/section-99.21" 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 99.21 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart C: What Are the Procedures for Amending Education Records? # 34 CFR 99.21 FERPA: Under what conditions does a parent or eligible student have the right to a hearing? eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 34 CFR 99.21(a) **(a)** An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student. **(b)(1)** If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall: **(i)** Amend the record accordingly; and **(ii)** Inform the parent or eligible student of the amendment in writing. #### 34 CFR 99.21(a)(2) **(2)** If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution, or both. ### 34 CFR 99.21(c) **(c)** If an educational agency or institution places a statement in the education records of a student under paragraph (b)(2) of this section, the agency or institution shall: #### 34 CFR 99.21(c)(1) **(1)** Maintain the statement with the contested part of the record for as long as the record is maintained; and #### 34 CFR 99.21(c)(2) **(2)** Disclose the statement whenever it discloses the portion of the record to which the statement relates. (Authority: 20 U.S.C. 1232g(a)(2)) ## 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 99.21 on eCFR](https://www.ecfr.gov/current/title-34/section-99.21) 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 99.21 Previous: [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) Next: [34 CFR 99.22 FERPA: What minimum requirements exist for the conduct of a hearing?](https://dposchool.com/ferpa/section/99.22) ## 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