---
title: "34 CFR 99.61 FERPA: What responsibility does an educational agency or institution, a recipient of Department funds, or a third party outside of an educational agency or institution have concerning conflict with State or local laws?"
canonical: "https://dposchool.com/ferpa/section/99.61"
source: "https://www.ecfr.gov/current/title-34/section-99.61"
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 99.61 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart E: What Are the Enforcement Procedures?

# 34 CFR 99.61 FERPA: What responsibility does an educational agency or institution, a recipient of Department funds, or a third party outside of an educational agency or institution have concerning conflict with State or local laws?

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

## Official text

If an educational agency or institution determines that it cannot comply with the Act or this part due to a conflict with State or local law, it must notify the Office within 45 days, giving the text and citation of the conflicting law. If another recipient of Department funds under any program administered by the Secretary or a third party to which personally identifiable information from education records has been non-consensually disclosed determines that it cannot comply with the Act or this part due to a conflict with State or local law, it also must notify the Office within 45 days, giving the text and citation of the conflicting law.

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

## 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: \[76 FR 75642, Dec. 2, 2011\]

[34 CFR 99.61 on eCFR](https://www.ecfr.gov/current/title-34/section-99.61)

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 99.61

Previous: [34 CFR 99.60 FERPA: What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges?](https://dposchool.com/ferpa/section/99.60)

Next: [34 CFR 99.62 FERPA: What information must an educational agency or institution or other recipient of Department funds submit to the Office?](https://dposchool.com/ferpa/section/99.62)

## 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