[ GLOSSARY ]
What is FERPA's school official exception?
Definition
Law and privacySchool official exception
FERPA's school official exception lets a school share education records with a contractor, such as an AI vendor, without parental consent, if three conditions are met.
Why it matters for schools
The contractor must do work the school would otherwise do itself, be under the school's direct control for the use and upkeep of the records, and follow FERPA's limits on passing the records on. It may use the records only for the purposes they were shared for, and the school's annual notice must say who counts as a school official. Not legal advice.
In Nexus
Where FERPA applies, Nexus works as a school official under your school's direct control: student records serve only the services in the agreement.
[ FAQ ]
Questions and answers
Can an AI vendor be a school official under FERPA?
Yes, if it does work the school would otherwise do, is under the school's direct control for the records, and follows the redisclosure limits.
Can a vendor use student data to improve its product?
Federal guidance from 2014 allows use to deliver and improve the contracted service, and of de-identified data unless the contract forbids it. Marketing, ads and sale are out.
Where is the school official exception in the law?
In the FERPA regulations at 34 CFR 99.31(a)(1)(i)(B).
[ SOURCES ]
Sources
Facts checked Oct 18, 2026.
- 134 CFR 99.31, FERPA disclosure without consentRead Oct 18, 2026 · law.cornell.edu
- 234 CFR 99.33, limits on redisclosureRead Oct 18, 2026 · law.cornell.edu
- 334 CFR 99.7, annual notificationRead Oct 18, 2026 · law.cornell.edu
- 4U.S. Department of Education PTAC, Protecting Student Privacy While Using Online Educational Services2014-02 · studentprivacy.ed.gov
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