EDGAR Part 99 Subpart B (What Are the Rights of Inspection & Review of Education Records?)
Subpart B_What Are the Rights of Inspection and Review of Education
Records?
Sec. 99.10 What rights exist for a parent or eligible student to
inspect and review education records?
(a) Except as limited under Sec. 99.12, a parent or eligible
student must be given the opportunity to inspect and review the
student's education records. This provision applies to--
(1) Any educational agency or institution; and
(2) Any State educational agency (SEA) and its components.
(i) For the purposes of subpart B of this part, an SEA and its
components constitute an educational agency or institution.
(ii) An SEA and its components are subject to subpart B of this part
if the SEA maintains education records on students who are
or have been in attendance at any school of an educational
agency or institution subject to the Act and this part.
(b) The educational agency or institution, or SEA or its component,
shall comply with a request for access to records within a reasonable
period of time, but not more than 45 days after it has received the
request.
(c) The educational agency or institution, or SEA or its component
shall respond to reasonable requests for explanations and
interpretations of the records.
(d) If circumstances effectively prevent the parent or eligible
student from exercising the right to inspect and review the student's
education records, the educational agency or institution, or SEA or its
component, shall--
(1) Provide the parent or eligible student with a copy of the
records requested; or
(2) Make other arrangements for the parent or eligible student to
inspect and review the requested records.
(e) The educational agency or institution, or SEA or its component
shall not destroy any education records if there is an outstanding
request to inspect and review the records under this section.
(f) While an education agency or institution is not required to give
an eligible student access to treatment records under paragraph (b)(4)
of the definition of Education records in Sec. 99.3, the student may
have those records reviewed by a physician or other appropriate
professional of the student's choice.
(Authority: 20 U.S.C. 1232g(a)(1) (A) and (B))
[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]
Sec. 99.11 May an educational agency or institution charge a fee for
copies of education records?
(a) Unless the imposition of a fee effectively prevents a parent or
eligible student from exercising the right to inspect and review the
student's education records, an educational agency or institution may
charge a fee for a copy of an education record which is made for the
parent or eligible student.
(b) An educational agency or institution may not charge a fee to
search for or to retrieve the education records of a student.
(Authority: 20 U.S.C. 1232g(a)(1))
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;
(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]
EDGAR version June 23, 2005
