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!

When does the school official exception allow a school or LEA to non-consensually disclose education records to a community-based organization?

A community-based organization may be considered a “school official” only if it:

  1. Performs an institutional service or function for which the agency or institution would otherwise use employees;
  2. Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and
  3. Is subject to the requirements of § 99.33(a) governing the use and redisclosure of PII from education records.
  4. Meets the criteria specified in the school’s or LEA’s annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records. 

Once a school determines that a community-based organization meets the above criteria, the organization may have access to PII from education records, without consent, under the school official exception, in order to perform the required institutional services and functions for the school. (See § 99.31(a)(1)(i)(B))