Question 33
UnclassifiedWhich condition is most important when a school treats a contractor as a FERPA school official?
Correct answer: B
Explanation
FERPA allows a contractor to be treated as a school official when the person performs an institutional service or function the school would otherwise use employees to perform and is under the school’s direct control with respect to the use and maintenance of education records. That matches the definition of a “school official” because access is limited to those with a legitimate educational interest and proper control over record handling.
Why each option is right or wrong
A. The contractor is specifically listed in the yearbook
B. The contractor performs an institutional service for which the school would otherwise use employees and is under the school's direct control regarding record use and maintenance
34 C.F.R. § 99.31(a)(1)(i)(B) permits disclosure without consent to a contractor only if the outside party performs an institutional service or function for which the school would otherwise use its own employees, and the school exercises direct control over the contractor with respect to the use and maintenance of education records. The direct-control requirement is the critical safeguard here: without it, the contractor cannot be treated as a school official for FERPA purposes, even if the service is school-related.
C. The contractor is located in the same state
D. The contractor offers a student discount