Dear FERPA Professor,
Our institution has a young man who is working with our men’s basketball coach as a volunteer. He is a former graduate assistant for the team but has since completed his degree so he is no longer a student. He is not an employee, but he is working as a volunteer for athletics. He has signed a Volunteer Agreement and he, and others, seem to think that this is sufficient to allow him access to student athletes’ education records.
When he first contacted our office to obtain copies of student athlete class schedules, I refused his request and had a long conversation with him, as well as with the coach and the athletic director, about FERPA. They all indicated they understood and we didn’t see the volunteer again until yesterday when he returned to our office to get more class schedules. This time he said he had signed a volunteer agreement which entitled him to have access to education records.
This agreement was apparently created by our University Counsel’s office. I have not yet had a chance to speak with the attorney who drew up the agreement, but I plan to do that today once the office is open.
Meanwhile, I would like your take on this practice as it’s a new one for me!
Sincerely,
Bona Contention
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Miss Contention,
The institution could permit such access to student education records so long as the conditions of §99.31(a)(1)(i)(B) are met. Specifically, this section stipulates that volunteers (or other external parties) may be considered school officials if certain conditions are met. Namely, if their duties are normally performed by school employees, if they are under the direct control of the institution, and if they are subject to requirements set in 99.33(a) concerning the use and redisclosure of personally identifiable information from education records, then they can be considered school officials.
This language was added in the 2009 regulations revisions and you can find it on page 159 of the 2012 AACRAO FERPA Guide. I would certainly recommend that you have the conversation with your University Counsel's office concerning the volunteer agreement to be sure the conditions are included in the agreement.
I hope this is helpful in answering your question.
Sincerely,
The FERPA Professor
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