[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.12]

[Page 322-323]
 
                           TITLE 34--EDUCATION
 
PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
  Subpart B_What Are the Rights of Inspection and Review of Education 
                                Records?
 
Sec. 99.12  What limitations exist on the right to inspect and review records?

    (a) If the education records of a student contain information on 
more than one student, the parent or eligible student may inspect and 
review or be informed of only the specific information about that 
student.
    (b) A postsecondary institution does not have to permit a student to 
inspect and review education records that are:
    (1) Financial records, including any information those records 
contain, of his or her parents;

[[Page 323]]

    (2) Confidential letters and confidential statements of 
recommendation placed in the education records of the student before 
January 1, 1975, as long as the statements are used only for the 
purposes for which they were specifically intended; and
    (3) Confidential letters and confidential statements of 
recommendation placed in the student's education records after January 
1, 1975, if:
    (i) The student has waived his or her right to inspect and review 
those letters and statements; and
    (ii) Those letters and statements are related to the student's:
    (A) Admission to an educational institution;
    (B) Application for employment; or
    (C) Receipt of an honor or honorary recognition.
    (c)(1) A waiver under paragraph (b)(3)(i) of this section is valid 
only if:
    (i) The educational agency or institution does not require the 
waiver as a condition for admission to or receipt of a service or 
benefit from the agency or institution; and
    (ii) The waiver is made in writing and signed by the student, 
regardless of age.
    (2) If a student has waived his or her rights under paragraph 
(b)(3)(i) of this section, the educational institution shall:
    (i) Give the student, on request, the names of the individuals who 
provided the letters and statements of recommendation; and
    (ii) Use the letters and statements of recommendation only for the 
purpose for which they were intended.
    (3)(i) A waiver under paragraph (b)(3)(i) of this section may be 
revoked with respect to any actions occurring after the revocation.
    (ii) A revocation under paragraph (c)(3)(i) of this section must be 
in writing.

(Authority: 20 U.S.C. 1232g(a)(1) (A), (B), (C), and (D))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]