The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

Must a school have a written agreement or contract with a community-based organization to which it non-consensually discloses education records to outsource an institutional service under the school official exception?

No.  While FERPA does not require written agreements or contracts when a school chooses to outsource an institutional service or function to a community-based organization under the “school official” exception, we highly recommend the use of written agreements in this context.  Written agreements help ensure that the community-based organization understands its obligations and responsibilities with respect to the use of and privacy protections accorded to the FERPA protected information.  Further, appropriate contractual provisions can establish the direct control required by FERPA under this exception.  Additionally, local or State policies or laws may require the use of written agreements or contracts for procurement.