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A FERPA waiver is a student’s signed, written statement giving up the right to inspect confidential letters and statements of recommendation. It is defined in the federal student-records regulations at 34 CFR 99.12(c). It is not a release of records to a third party, and it does not change who else may see a student’s education record. This guide sets out what the regulation says, as described in the regulation on 2026-10-29, for registrars, advisers and research administrators who handle the form.
What a FERPA waiver is (34 CFR 99.12)
The Family Educational Rights and Privacy Act (FERPA) gives parents rights to access their children’s education records, to seek amendment of those records, and to have some control over the disclosure of personally identifiable information from them. According to the U.S. Department of Education’s Student Privacy Policy Office, these rights transfer from the parents to the student at age 18 or on entering a postsecondary institution, and the student is then an “eligible student”. For the wider framework, see the FERPA dictionary entry.
Section 99.12 of the regulations addresses records to which the right of inspection does not extend. Paragraph (c) covers the waiver: a postsecondary institution does not have to let a student inspect confidential letters and statements of recommendation placed in the education record after January 1, 1975, if the student has waived that right and the letters relate to the student’s admission to an educational institution, application for employment, or receipt of an honor or honorary recognition. The waiver therefore concerns access by the student, not disclosure to others.
What the waiver does and does not do
- It gives up access. The student gives up the right to inspect the confidential recommendation material covered by the waiver.
- It is not consent to disclose. Permission for an institution to disclose records to a named party is a separate instrument under 34 CFR 99.30 (see the comparison below).
- It does not remove the institution’s duties. Under 99.12(c)(2), when a student waives, the institution must give the student, on request, the names of the individuals who provided the letters and statements of recommendation, and must use the letters and statements only for the purpose for which they were intended.
Conditions for a valid waiver
Under 99.12(c)(1), a waiver is valid only if both of the following hold:
- The institution does not require the waiver as a condition for admission to, or receipt of a service or benefit from, the agency or institution.
- The waiver is made in writing and signed by the student, regardless of age.
The phrase “regardless of age” means the student’s own signature is what the regulation asks for.
Revoking a waiver
Under 99.12(c)(3), a waiver may be revoked with respect to any actions occurring after the revocation, and the revocation must be in writing. Two points follow from the wording. First, revocation is prospective: it does not undo what happened while the waiver was in force. Second, a verbal withdrawal does not satisfy the regulation. Institutions that keep a waiver on file should keep any written revocation with it.
Waiver vs consent vs exception
People searching for a “FERPA waiver” often mean a different instrument. The table separates the three, based on 34 CFR 99.12, 99.30 and the FERPA dictionary entry.
| Instrument | What it does | Who signs | What it must contain or meet |
|---|---|---|---|
| Waiver (99.12(c)) | Student gives up the right to inspect confidential recommendation letters and statements | The student, regardless of age | Written and signed; cannot be required as a condition of admission or of receiving a service or benefit |
| Written consent (99.30) | Permits disclosure of education records to a party | The person entitled to give consent, signed and dated | Must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom disclosure may be made |
| Exception (99.31) | Permits disclosure without consent in listed circumstances | No signature required | Depends on the specific exception; see the FERPA entry |
Under 99.30(d), an electronic record and signature can count as signed and dated written consent if it identifies and authenticates a particular person as the source of the electronic consent and shows that the person approved the information in it. That test is stated for consent; the waiver provision itself requires a writing signed by the student.
Typical process phases
The regulation does not prescribe a calendar. In practice an institution moves through these phases, each tied to a rule above.
- Presenting the option. The form is offered, but admission or a service or benefit is not made conditional on signing it.
- Signature. The student signs the written waiver personally.
- Collection of recommendations. Letters are received and kept as confidential material, used only for their intended purpose.
- Requests for recommender names. If the student asks, the institution supplies the names of those who wrote letters.
- Revocation, if any. A written revocation is filed and applies to actions after that point.
Common mistakes
- Requiring the waiver. A form that makes signing a condition of admission, or of receiving a service or benefit, does not meet 99.12(c)(1)(i).
- Accepting an unsigned or unwritten waiver. The regulation calls for a writing signed by the student.
- Treating the waiver as release consent. It gives up inspection of recommendation letters; it does not authorize disclosure of records to a third party, which needs consent that meets 99.30(b) or an applicable exception.
- Ignoring the surviving duties. Names of recommenders on request, and use of the letters only for their intended purpose, still apply.
- Treating revocation as retroactive. It applies to actions occurring after the revocation.
Related privacy frameworks
| Framework | Concerned with | Where to read more |
|---|---|---|
| FERPA | Student education records, access and disclosure | FERPA entry |
| HIPAA | Protected health information held by covered entities | HIPAA entry |
| Clery Act | Campus crime reporting | Clery Act guide |
| HECVAT | Higher-education vendor security assessment | HECVAT guide |
FAQ
What does a FERPA waiver waive?
The student’s right to inspect and review confidential letters and statements of recommendation, under 34 CFR 99.12(c).
Can an institution require a student to sign it?
No. A waiver is valid only if the institution does not require it as a condition for admission to, or receipt of a service or benefit from, the institution.
Does the student still learn who wrote the letters?
On request, yes. The institution must give the student the names of the individuals who provided the letters and statements.
Can a waiver be revoked?
Yes, in writing, with effect for actions occurring after the revocation.
Is a FERPA waiver the same as a FERPA release form?
No. A release permits disclosure of records and is governed by 34 CFR 99.30 consent requirements. A waiver gives up access to recommendation letters.
Sources
- 34 CFR 99.12, eCFR, checked 2026-10-29
- 34 CFR 99.30, eCFR, checked 2026-10-29
- What is FERPA?, U.S. Department of Education Student Privacy Policy Office, checked 2026-10-29
