Agency Agreements
Under FERPA, prior, written student consent is required before disclosing information from their education record. Some exceptions to this are: 1) the allowable release of data categorized as Directory Information for enrolled students who have not suppressed the release of this information; 2) the allowable release of appropriate information to school officials with a legitimate educational interest; 3) disclosure in connection with a health or safety emergency.

“Agency” is defined as an organization, company, or bureau that provides some service for another; a company having a franchise to represent another.  If a third-party agency offers a service of benefit to the institution that otherwise an employee would conduct, there are stipulations prior to authorizing release of student education record data.

An agreement, typically a contract, establishes that the agency is acting in place of the institution and is serving as a legal agent of the institution. “Agent” is defined as a person or business formally authorized to act on another’s behalf, e.g., within the scope of a contract between two parties. The agent could then be provided access to student education records needed to perform services as outlined within the scope of the agreement.

Any agreement should include measures to safeguard student education records, including that the agent is required to:

• Use the student data only for the purposes intended, AND
• Destroy or return the information when the work is concluded, AND
• Does not provide access to the data by any other third party unless legally able to do so.

Practical Implications
Refer to Texas A&M University Rule 25.07.99.M1 Contract Administration and procedural guidance available by the Texas A&M University System and the Texas A&M Division of Finance and Business Services.

For additional FERPA information, be sure to review the Office of the Registrar site for FERPA and FERPA Forms & Resources. Training is available for university personnel on FERPA: Implications for Faculty, Staff & Advisors (TrainTraq #2114557). The current schedule is available within TrainTraq by searching either the course title or number. Individuals within the Office of the Registrar are available to participate in FERPA presentations and/or question and answer sessions for any department or college faculty or staff meeting. To schedule, submit a request to ferpa@tamu.edu or call (979) 845-1711.

If you have a topic that you are interested in exploring for a future Friday Fun with FERPA, please email ferpa@tamu.edu. Alternatively, you can submit an anonymous form with topic ideas HERE.