--- title: "34 CFR 99.37 FERPA: What conditions apply to disclosing directory information?" canonical: "https://dposchool.com/ferpa/section/99.37" source: "https://www.ecfr.gov/current/title-34/section-99.37" 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 99.37 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart D: May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? # 34 CFR 99.37 FERPA: What conditions apply to disclosing directory information? eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 34 CFR 99.37(a) **(a)** An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: #### 34 CFR 99.37(a)(1) **(1)** The types of personally identifiable information that the agency or institution has designated as directory information; #### 34 CFR 99.37(a)(2) **(2)** A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student as directory information; and #### 34 CFR 99.37(a)(3) **(3)** The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. ### 34 CFR 99.37(b) **(b)** An educational agency or institution may disclose directory information about former students without complying with the notice and opt out conditions in paragraph (a) of this section. However, the agency or institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request. ### 34 CFR 99.37(c) **(c)** A parent or eligible student may not use the right under paragraph (a)(2) of this section to opt out of directory information disclosures to— #### 34 CFR 99.37(c)(1) **(1)** Prevent an educational agency or institution from disclosing or requiring a student to disclose the student's name, identifier, or institutional email address in a class in which the student is enrolled; or #### 34 CFR 99.37(c)(2) **(2)** Prevent an educational agency or institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information under § 99.3 and that has been properly designated by the educational agency or institution as directory information in the public notice provided under paragraph (a)(1) of this section. ### 34 CFR 99.37(d) **(d)** In its public notice to parents and eligible students in attendance at the agency or institution that is described in paragraph (a) of this section, an educational agency or institution may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. When an educational agency or institution specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information disclosures to those specified in its public notice that is described in paragraph (a) of this section. ### 34 CFR 99.37(e) **(e)** An educational agency or institution may not disclose or confirm directory information without meeting the written consent requirements in § 99.30 if a student's social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student's records. (Authority: 20 U.S.C. 1232g(a)(5) (A) and (B)) ## 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: \[53 FR 11943, Apr. 11, 1988, as amended at 73 FR 74854, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011\] [34 CFR 99.37 on eCFR](https://www.ecfr.gov/current/title-34/section-99.37) 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 99.37 Previous: [34 CFR 99.36 FERPA: What conditions apply to disclosure of information in health and safety emergencies?](https://dposchool.com/ferpa/section/99.36) Next: [34 CFR 99.38 FERPA: What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system?](https://dposchool.com/ferpa/section/99.38) ## 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