For administrators
Under FERPA, a Paper Sent to an AI Detector Is an Education Record
Once a school holds a student's submitted paper, that paper is an education record under FERPA. Sending it to an AI detector doesn't change that, because the vendor holds it on the school's behalf. The usual route around consent is the school official exception in 34 CFR 99.31: the vendor does work the school would otherwise do, stays under its direct control over education records and is bound by the redisclosure limit. Department of Education guidance from 2014 adds a fourth: meeting the school-official criteria in the annual FERPA notice.
Olive Staff & Olive