--- title: "34 CFR 99.64 FERPA: What is the investigation procedure?" canonical: "https://dposchool.com/ferpa/section/99.64" source: "https://www.ecfr.gov/current/title-34/section-99.64" 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 99.64 FERPA · Part 99: FAMILY EDUCATIONAL RIGHTS AND PRIVACY · Subpart E: What Are the Enforcement Procedures? # 34 CFR 99.64 FERPA: What is the investigation procedure? eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 34 CFR 99.64(a) **(a)** A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of the Act or this part has occurred. A complaint does not have to allege that a violation is based on a policy or practice of the educational agency or institution, other recipient of Department funds under any program administered by the Secretary, or any third party outside of an educational agency or institution. ### 34 CFR 99.64(b) **(b)** The Office investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part. If the Office determines that an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part, it may also determine whether the failure to comply is based on a policy or practice of the agency or institution or other recipient. The Office also investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether a third party outside of the educational agency or institution has failed to comply with the provisions of § 99.31(a)(6)(iii)(B) or has improperly redisclosed personally identifiable information from education records in violation of § 99.33. (Authority: 20 U.S.C. 1232g(b)(4)(B), (f) and (g)) ### 34 CFR 99.64(c) **(c)** A timely complaint is defined as an allegation of a violation of the Act that is submitted to the Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. ### 34 CFR 99.64(d) **(d)** The Office may extend the time limit in this section for good cause shown. (Authority: 20 U.S.C. 1232g(b)(4)(B), (f) and (g)) ## 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: \[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 65 FR 41854, July 6, 2000; 73 FR 74854, Dec. 9, 2008; 76 FR 75643, Dec. 2, 2011\] [34 CFR 99.64 on eCFR](https://www.ecfr.gov/current/title-34/section-99.64) 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 99.64 Previous: [34 CFR 99.63 FERPA: Where are complaints filed?](https://dposchool.com/ferpa/section/99.63) Next: [34 CFR 99.65 FERPA: What is the content of the notice of investigation issued by the Office?](https://dposchool.com/ferpa/section/99.65) ## 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