How long must the CWA or tribal organization maintain the education records of a child, and what must the CWA or tribal organization do with the education records when no longer needed?

Some of the FERPA exceptions to consent require the recipient of education records to destroy PII from education records when it is no longer needed; however, the 2013 amendment to FERPA did not include any requirement related to the maintenance or destruction of PII from education records disclosed to a CWA or tribal organization.  We recommend that the school or LEA and the CWA or tribal organization work together to determine how long the CWA or tribal organization should maintain the education records disclosed under this exception.  For example, the CWA or tribal organization could use its standard records retention and destruction guidelines or return the records to the disclosing school or LEA.  Further, CWA and tribal organizations should be aware of the potential consequences of improperly redisclosing PII from the education records that are received from the school or LEA under the FERPA exception.