34 CFR 99.38 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 99.38 FERPA: What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system?
eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.
Official text
If reporting or disclosure allowed by State statute concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are released, an educational agency or institution may disclose education records under § 99.31(a)(5)(i)(B).
The officials and authorities to whom the records are disclosed shall certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent of the student.
(Authority: 20 U.S.C. 1232g(b)(1)(J))
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: [61 FR 59297, Nov. 21, 1996]
eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.
This is reference material, not legal advice.