---
title: "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?"
canonical: "https://dposchool.com/ferpa/section/99.38"
source: "https://www.ecfr.gov/current/title-34/section-99.38"
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 99.38 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

### 34 CFR 99.38(a)

**(a)** 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).

### 34 CFR 99.38(b)

**(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

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: \[61 FR 59297, Nov. 21, 1996\]

[34 CFR 99.38 on eCFR](https://www.ecfr.gov/current/title-34/section-99.38)

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 99.38

Previous: [34 CFR 99.37 FERPA: What conditions apply to disclosing directory information?](https://dposchool.com/ferpa/section/99.37)

Next: [34 CFR 99.39 FERPA: What definitions apply to the nonconsensual disclosure of records by postsecondary educational institutions in connection with disciplinary proceedings concerning crimes of violence or non-forcible sex offenses?](https://dposchool.com/ferpa/section/99.39)

## 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