May an LEA non-consensually disclose personally identifiable information (PII) from education records to a community-based organization in order to conduct an audit or evaluation of the school system’s education programs?
Yes. FERPA’s audit or evaluation exception allows an LEA to designate a community-based organization as its authorized representative and disclose PII from education records without consent of parents or eligible students to audit or evaluate a federal- or state-supported education program, or to enforce or comply with federal legal requirements that relate to those education programs (audit, evaluation, or enforcement or compliance activity). See 34 CFR § 99.35. (This provision does not apply to individual schools that are not considered local educational authorities under state or local law.)
K-12 School Officials
Community Based Organizations
Exceptions - Audit/Evaluation