---
title: "34 CFR 99.5 FERPA: What are the rights of students?"
canonical: "https://dposchool.com/ferpa/section/99.5"
source: "https://www.ecfr.gov/current/title-34/section-99.5"
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 99.5 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart A: General

# 34 CFR 99.5 FERPA: What are the rights of students?

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

## Official text

**(a)(1)** When a student becomes an eligible student, the rights accorded to, and consent required of, parents under this part transfer from the parents to the student.

#### 34 CFR 99.5(2)

**(2)** Nothing in this section prevents an educational agency or institution from disclosing education records, or personally identifiable information from education records, to a parent without the prior written consent of an eligible student if the disclosure meets the conditions in § 99.31(a)(8), § 99.31(a)(10), § 99.31(a)(15), or any other provision in § 99.31(a).

### 34 CFR 99.5(b)

**(b)** The Act and this part do not prevent educational agencies or institutions from giving students rights in addition to those given to parents.

### 34 CFR 99.5(c)

**(c)** An individual who is or has been a student at an educational institution and who applies for admission at another component of that institution does not have rights under this part with respect to records maintained by that other component, including records maintained in connection with the student's application for admission, unless the student is accepted and attends that other component of the institution.

(Authority: 20 U.S.C. 1232g(d))

## 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: \[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3188, Jan. 7, 1993; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008\]

[34 CFR 99.5 on eCFR](https://www.ecfr.gov/current/title-34/section-99.5)

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 99.5

Previous: [34 CFR 99.4 FERPA: What are the rights of parents?](https://dposchool.com/ferpa/section/99.4)

Next: [34 CFR 99.6 FERPA: \[Reserved\]](https://dposchool.com/ferpa/section/99.6)

## 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