School food authorities (SFAs) may disclose, without parent/guardian consent, children's names and eligibility status (whether they are eligible for free meals or free milk or reduced price meals) to persons directly connected with the administration or enforcement of a federal or State education program, as permitted by section 9(b)(2)(C)(iii) of the Richard B. Russell

National School Lunch Act. Persons directly connected to the administration or enforcement of National Assessment of Educational Progress (NAEP) are authorized recipients of children's free and reduced price meal eligibility status because it is a federal education program. Additionally, SFAs may disclose children's names and eligibility status to persons directly connected with the administration or enforcement of State educational assessment programs providing the State assessment is part of the NAEP or the assessment program is established at the State, not local level. Other State education programs also are eligible to have access to participants' names and eligibility status, without parent/guardian consent, but the program must be established at the State, not local level.

The term "persons directly connected" for the purpose of disclosure includes federal, State and local program operators responsible for NAEP program administration or program compliance and their contractors. However, this does not imply that these persons have routine access to participants' eligibility status. There must be a "need to know" for legitimate NAEP purposes.

USDA recommends that SFAs inform households if they plan to disclose or use eligibility information outside the originating program. They also recommend that the SFA establish a written agreement with NAEP officials, that is signed by both the SFA and NAEP officials. The agreement should identify the entity receiving the information, describe the information being disclosed and how it will be used, describe how the information will be protected from unauthorized uses and disclosures, and also describe the penalties for unauthorized disclosure.

School food authorities are not required to disclose eligibility information, this is a local decision.