Who Is This Guide For?
This guide is for primary and secondary school teachers and administrators who want to use drones at school.
In 2024, Congress updated federal law so elementary and secondary schools may operate drones under the recreational exception in 49 U.S.C. §44809 when the purpose of the flight is educational or research-focused.
This article explains what that means in practice.
Take a look at our full list of K-12 programs here.
DISCLAIMER
This guide is not a substitute for legal advice. Information may have changed since publication. Seek your own professional counsel for any legal questions.
What Can My School Do Under the Recreational / Educational Exception?
To qualify for this exception, every flight must (1) be for educational purposes, and (2) comply with all of the following recreational-rule requirements.
Educational Exception Requirements
- Educational purpose: Classroom instruction, research, student projects, or skill-building—not business or operations.
- TRUST test: Every student or staff operator must complete the FAA’s TRUST test and carry proof.
- Visual line of sight: The drone must remain within the operator’s unaided visual line of sight.
- Airspace compliance:
- ≤ 400 ft AGL in Class G airspace.
- LAANC authorization required in controlled airspace.
- Follow a safety code: FAA guidelines or the safety code of a Community-Based Organization (CBO), such as AMA.
- Give way to manned aircraft.
- Remote ID or FRIA:
Examples: Allowed Activities under the Recreational / Educational Exemption (No FAA Certificate Required)
- STEM flight labs teaching aerodynamics, coding, or flight skills.
- Environmental science or geography projects collecting imagery for classroom use only.
- A drone club practicing flight maneuvers, FPV (when allowed under the safety code), or mission planning.
- Mapping or imaging the school grounds for instructional purposes, not for operational decision-making.
- Indoor flying in a gym or enclosed structure (outside FAA jurisdiction entirely).
When Would My School Require an FAA Certificate?
Any flight that does not meet all §44809 requirements must be conducted under Part 107, with a certificated Remote Pilot in Command.
Activities That Require FAA Certification Under Part 107
❌ Promotional, Marketing, or Communications Media
If the imagery will be used for any of the following, even if students fly the drone:
- School website banners
- Promotional or recruiting videos
- Fundraising materials
- Public relations or advertising
❌ Facilities, Maintenance, or Operational Tasks
Examples:
- Roof or gutter inspections
- Stadium light or scoreboard inspections
- Documenting storm damage for insurance
- Surveying athletic fields for maintenance estimates
❌ Providing Any Service to an Outside Entity
Even if unpaid:
- Footage for a local business, church, or nonprofit
- Mapping for a city department
- Agricultural imagery for a farmer
❌ Operations That Exceed Recreational Limitations
Examples:
- BVLOS (beyond visual line of sight)
- Operations over people or moving vehicles
- Night operations without proper anti-collision lighting and training
- Flying above 400 ft AGL in Class G
- Flying in controlled airspace without authorization
❌ Teacher or Staff Side-Business Work
If a school drone or student assistance is used to support:
- Real estate photography
- Event videography
- Any paid project
Indoor Flying (Special Case)
Drones flown inside fully enclosed buildings (e.g., gymnasiums) are not regulated by the FAA.
Schools may set their own safety policies for indoor use.
Quick Reference Summary
No FAA Certification Is Required When:
- The flight is for classroom learning or student research.
- All operators take the online TRUST test.
- All recreational rules are followed.
An FAA Part 107 Certificate Is Required When:
- The flight supports school operations (marketing, inspections).
- Imagery benefits any outside organization.
- Any §44809 limitation is exceeded.
The operation is inherently commercial or governmental.
Regulatory Background
The FAA Reauthorization Act of 2018 required most small unmanned aircraft operators to hold a Remote Pilot Certificate under 14 CFR Part 107. However, the Act also created a limited recreational exception, now codified at 49 U.S.C. §44809, allowing hobbyist operations without a Part 107 certificate.
Originally, this exception applied only to recreational flyers and certain institutions of higher education. Primary and secondary schools were not included.
The FAA Reauthorization Act of 2024 (Pub. L. 118-63) amended Section 350 of the 2018 Act—found in the statutory notes to §44809—to expand this exception. Under Section 928(b), “Use of Unmanned Aircraft Systems for Educational Purposes,” Congress added language specifying that:
For purposes of §44809, a “recreational purpose” includes an unmanned aircraft system operated by an elementary school, a secondary school, or an institution of higher education for educational or research purposes.
In effect, elementary and secondary schools are now explicitly permitted to operate drones under the recreational exception when the flights are for educational or research activities, placing K–12 institutions on equal footing with higher-education programs.
The Federal Aviation Administration published Advisory Circular AC 91-57C to clarify the regulations. Unfortunately, the last time this Advisory Circular was updated was 2022, so it still includes language supporting the older 2018 Act. AC 91-57C only clearly blessed higher-ed educational ops under the recreational exception and explicitly excluded primary/secondary schools.
Since then, Congress changed the law.
Even though AC 91-57C predates this change, the statute controls, and the U.S. Code & notes now reflect the K-12 language. U.S. Code+1
References
- 49 U.S.C. §44809 – Exception for limited recreational operations (core rec rules). U.S. Code
- Statutory note: “Use of Unmanned Aircraft Systems for Educational Purposes” (Section 350, FAA Reauthorization Act of 2018, as amended by FAA Reauthorization Act of 2024 §928(b)) – this is where elementary and secondary schools are explicitly added. U.S. Code+1
- FAA Educational Users page – explains that educational flights can be under §44809 or Part 107, and discusses FRIA eligibility for primary and secondary schools. Federal Aviation Administration
- AC 91-57C – current FAA advisory circular on the recreational exception and educational operations (note that its text pre-dates the 2024 K-12 expansion, but it’s still the FAA’s main interpretive document). Federal Aviation Administration
Take Your First Step: Schedule A Free Consultation
Twin Cities Drone School can help you set up your school drone program, making sure that all the I’s are dotted and T’s are crossed. Start with a free consultation – just use the contact form below.
Or, take a look at our full list of K-12 programs.
