Does FERPA require educational agencies and institutions to disclose personally identifiable information (PII) from education records to Child Welfare Agencies (CWAs) or tribal organizations whenever requested?

No. Under 20 U.S.C. § 1232g(b)(1)(L), FERPA permits, but does not require, LEAs and schools to disclose PII from the education records of a student who is in foster care placement to CWAs or tribal organizations.  Further, under FERPA, an LEA or school may choose to disclose all or part of the education records it maintains on a student who is in foster care placement.  We encourage LEAs and schools to disclose the information from education records that a child’s welfare caseworker would need to effectively implement a child’s case plan and to ensure the child’s education needs are met.

K-12 School Officials
Exceptions - Uninterrupted Scholars Act