A community-based organization may be considered a “school official” only if it:
- Performs an institutional service or function for which the agency or institution would otherwise use employees;
- Is under the direct control of the agency or institution with respect to the use and maintenance of education records;
- Is subject to the requirements of § 99.33(a) governing the use and redisclosure of personally identifiable information (PII) from education records. and
- 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))