--- title: "34 CFR 99.3 FERPA: What definitions apply to these regulations?" canonical: "https://dposchool.com/ferpa/section/99.3" source: "https://www.ecfr.gov/current/title-34/section-99.3" 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 99.3 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart A: General # 34 CFR 99.3 FERPA: What definitions apply to these regulations? eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text The following definitions apply to this part: Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act. (Authority: 20 U.S.C. 1232g) Attendance includes, but is not limited to— ### 34 CFR 99.3(a) **(a)** Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and ### 34 CFR 99.3(b) **(b)** The period during which a person is working under a work-study program. (Authority: 20 U.S.C. 1232g) Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in § 99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs. (Authority: 20 U.S.C. 1232g(b)(1)(C), (b)(3), and (b)(5)) Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting. (Authority: 20 U.S.C. 1232g) Dates of attendance. (a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. ### 34 CFR 99.3(b) **(b)** The term does not include specific daily records of a student's attendance at an educational agency or institution. (Authority: 20 U.S.C. 1232g(a)(5)(A)) Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. ### 34 CFR 99.3(a) **(a)** Directory information includes, but is not limited to, the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended. ### 34 CFR 99.3(b) **(b)** Directory information does not include a student's— #### 34 CFR 99.3(b)(1) **(1)** Social security number; or #### 34 CFR 99.3(b)(2) **(2)** Student identification (ID) number, except as provided in paragraph (c) of this definition. ### 34 CFR 99.3(c) **(c)** In accordance with paragraphs (a) and (b) of this definition, directory information includes— #### 34 CFR 99.3(c)(1) **(1)** A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized user; and #### 34 CFR 99.3(c)(2) **(2)** A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user. (Authority: 20 U.S.C. 1232g(a)(5)(A)) Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record. (Authority: 20 U.S.C. 1232g(b)(1) and (b)(2)) Early childhood education program means— ### 34 CFR 99.3(a) **(a)** A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; ### 34 CFR 99.3(b) **(b)** A State licensed or regulated child care program; or ### 34 CFR 99.3(c) **(c)** A program that— #### 34 CFR 99.3(c)(1) **(1)** Serves children from birth through age six that addresses the children's cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and #### 34 CFR 99.3(c)(2) **(2)** Is— ##### 34 CFR 99.3(c)(2)(i) **(i)** A State prekindergarten program; ##### 34 CFR 99.3(c)(2)(ii) **(ii)** A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or ##### 34 CFR 99.3(c)(2)(iii) **(iii)** A program operated by a local educational agency. Educational agency or institution means any public or private agency or institution to which this part applies under § 99.1(a). (Authority: 20 U.S.C. 1232g(a)(3)) Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution. (Authority: 20 U.S.C. 1232g(b)(3), (b)(5)) Education records. (a) The term means those records that are: #### 34 CFR 99.3(c)(1) **(1)** Directly related to a student; and #### 34 CFR 99.3(c)(2) **(2)** Maintained by an educational agency or institution or by a party acting for the agency or institution. ### 34 CFR 99.3(b) **(b)** The term does not include: #### 34 CFR 99.3(b)(1) **(1)** Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record. #### 34 CFR 99.3(b)(2) **(2)** Records of the law enforcement unit of an educational agency or institution, subject to the provisions of § 99.8. **(3)(i)** Records relating to an individual who is employed by an educational agency or institution, that: **(A)** Are made and maintained in the normal course of business; **(B)** Relate exclusively to the individual in that individual's capacity as an employee; and **(C)** Are not available for use for any other purpose. ##### 34 CFR 99.3(b)(2)(ii) **(ii)** Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition. #### 34 CFR 99.3(b)(4) **(4)** Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are: ##### 34 CFR 99.3(b)(4)(i) **(i)** Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; ##### 34 CFR 99.3(b)(4)(ii) **(ii)** Made, maintained, or used only in connection with treatment of the student; and ##### 34 CFR 99.3(b)(4)(iii) **(iii)** Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and #### 34 CFR 99.3(b)(5) **(5)** Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student. #### 34 CFR 99.3(b)(6) **(6)** Grades on peer-graded papers before they are collected and recorded by a teacher. (Authority: 20 U.S.C. 1232g(a)(4)) Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education. (Authority: 20 U.S.C. 1232g(d)) Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law. (Authority: 20 U.S.C. 1232g(d)) Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. (Authority: 20 U.S.C. 1232g) Party means an individual, agency, institution, or organization. (Authority: 20 U.S.C. 1232g(b)(4)(A)) **Personally Identifiable Information** The term includes, but is not limited to— ### 34 CFR 99.3(a) **(a)** The student's name; ### 34 CFR 99.3(b) **(b)** The name of the student's parent or other family members; ### 34 CFR 99.3(c) **(c)** The address of the student or student's family; ### 34 CFR 99.3(d) **(d)** A personal identifier, such as the student's social security number, student number, or biometric record; ### 34 CFR 99.3(e) **(e)** Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; ### 34 CFR 99.3(f) **(f)** Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or ### 34 CFR 99.3(g) **(g)** Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. (Authority: 20 U.S.C. 1232g) Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. (Authority: 20 U.S.C. 1232g) Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority. (Authority: 20 U.S.C. 1232g) Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records. (Authority: 20 U.S.C. 1232g(a)(6)) ## 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: \[53 FR 11943, Apr. 11, 1988, as amended at 60 FR 3468, Jan. 17, 1995; 61 FR 59295, Nov. 21, 1996; 65 FR 41852, July 6, 2000; 73 FR 74851, Dec. 9, 2008; 76 FR 75641, Dec. 2, 2011\] [34 CFR 99.3 on eCFR](https://www.ecfr.gov/current/title-34/section-99.3) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. 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