Under the IDEA, participating agencies must protect the personally identifiable information (PII), data, or records that are collected, maintained, or used by the participating agency. You have a say in who can see your child’s directory information. In accordance with both federal law and University policy (policy AD11), the University does not release student record information without prior written consent of the student.The one exception to this is that the University may release "directory information" items without prior student consent. A school surveillance video showing two students fighting in a hallway, used as part of a disciplinary action, is directly related to the students fighting. If the law enforcement unit of an educational agency or institution creates and maintains videos for a law enforcement purpose, then the videos would not be education records and FERPA would not prohibit the law enforcement unit of an educational agency or institution from disclosing the videos to the police. Exclusion for Law Enforcement Unit Records. FERPA regulations do not define what it means for a record to be “directly related” to a student. See more about Directory Information below. A school surveillance video showing two students fighting in a hallway, used as part of a disciplinary action, is directly related to the students fighting. If the law enforcement unit provides a copy of the video to another component within the educational agency or institution (for example, to maintain the record in connection with a disciplinary action), then the copy of the video may become an education record of the student(s) involved if the video is not subject to any other exclusion from the definition of “education records” and the video is:  (1) directly related to a student; and (2) maintained by an educational agency or institution or by a party acting for the agency or institution. If a school maintains a close-up photo of two or three students playing basketball with a general view of student spectators in the background, the photo is directly related to the basketball players because they are the focus of the photo, but it is not directly related to the students pictured in the background. When in doubt, it is best to obtain permission before a photo or video is shared publicly. A Service of the Privacy Technical Assistance Center and the Student Privacy Policy Office, As with any other “education record,” a photo or video of a student is an education record, subject to specific exclusions, when the photo or video is:  (1) directly related to a student; and (2) maintained by an educational agency or institution or by a party acting for the agency or institution. Anything not on the list below could be a protected educational record, and as such should not be released to a … In addition to following Western’s Social Media Guide, FERPA and the associated considerations apply to images or video used on social media. 1232g(b)(1)(J) and (b)(2) and 34 CFR § 99.31(a)(9)). FERPA does, however, allow the University to release information referred to as “directory information” without students’ permission. Students have four basic rights granted to them under FERPA. Student Directory Information & Photo Release “Opt Out” Form DO NOT return this form unless you want BISD to withhold your student’s directory information or personally identifiable photographs as outlined below: ... (FERPA) is a Federal law that protects the privacy of … If the student objects to the release of directory information, ... OTC will provide no information regarding the student unless photo identification is shown verifying it is the student who is present and making the request. in accordance with FERPA. FERPA Information. [2] If circumstances effectively prevent the parent or eligible student from otherwise exercising their right to inspect and review the student’s education records (e.g., if the parent lives outside of commuting distance to the school), then the educational agency or institution would be required to either provide a copy of the records or to make other arrangements for the parent or eligible student to inspect and review the records. As with any other “education record,” a photo or video of a student is an education record, subject to specific exclusions, when the photo or video is: (1) directly related to a student; and (2) maintained by an educational agency or institution or by a party acting for the agency or institution. • Photo . § 99.37(d), a school or school district may adopt a limited directory information policy. While the definition of “education record” under Part B of the IDEA cross-references the FERPA definition in 34 CFR § 99.3, the application of IDEA requirements may raise different questions. Releasable Names . In contrast, parents and eligible students generally may be charged for the costs of making copies of education records precisely because FERPA generally does not require the school to provide them with such copies. For a fuller legal analysis and explanation of this issue, please see the 2017 Letter to Wachter. FERPA permits a school to disclose personally identifiable information from a student's education records when such information has been appropriately designated as directory information. FERPA Rights Among the factors that may help determine if a photo or video should be considered “directly related” to a student are the following: A photo or video should not be considered directly related to a student in the absence of these factors and if the student’s image is incidental or captured only as part of the background, or if a student is shown participating in school activities that are open to the public and without a specific focus on any individual. 1232g(a)(4)(B)(ii) and 34 CFR §§ 99.3 and 99.8) exclude from the definition of education records those records created and maintained by a law enforcement unit of an educational agency or institution for a law enforcement purpose. As noted above, if an educational agency or institution can reasonably redact or segregate out portions of an education record that is directly related to other students, without destroying the meaning of the record, then the educational agency or institution must do so and therefore cannot charge parents or eligible students for the costs associated with exercising their right to inspect and review such education records. Thus, a photo taken by a parent at a school football game would not be considered an education record, even if it is directly related to a particular student, because it is not being maintained by the school or on the school’s behalf. Data Protection Requirements regarding the proper storage. Generally speaking, FERPA allows the University to disclose education records or personally identifiable information from education records in the following circumstances: with the written consent of the student, if the disclosure meets one of the statutory exemptions, or if the disclosure is directory information and the student has not placed a hold on release of directory information. Directory Information FERPA allows for the university to define some basic information which may be released without a student’s prior consent. [1] The Individuals with Disabilities Education Act (IDEA) also contains privacy protections that apply to children with disabilities. Directory Information is defined as that information which would not generally be considered harmful or an invasion of privacy if disclosed. A classroom video that shows a student having a seizure is directly related to that student because the depicted health emergency becomes the focus of the video. On the other hand, if redaction or segregation of the video cannot reasonably be accomplished, or if doing so would destroy the meaning of the record, then the parents of each student to whom the video directly relates (or the students themselves if they are eligible students) would have a right under FERPA to inspect and review or "be informed of" the entire record even though it also directly relates to other students. If you have any questions regarding any of the information contained herein, please contact the University of Arizona Office of … Directory information includes a student’s: Name RCCD students initially give or withhold consent via the Admissions Application. Thus, where the redaction or segregation of education records of multiple students can be reasonably accomplished without destroying the meaning of the education records, nothing in FERPA permits educational agencies or institutions to charge parents or eligible students for the costs of making the required redactions or segregation. All other non-directory information is not public information and is protected under FERPA, which supersedes Florida's Sunshine State open records laws. ... Request to Prevent Release or Publication of Directory Information; Request to Release Information; Mailing Address. FERPA guidelines protect students by guarding against the release of their records without their consent. Typically, "directory information" includes information such as name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, and dates of attendance. Control the disclosure of their education records. If a student does not want directory information to be released, they can complete a Request to Have Directory Information Withheld Form with the Registration and Records Office. To seek to amend education records that are believed to be inaccurate or misleading . Examples of situations that may cause a video to be an education record: Maintained by an educational agency or institution: To be considered an education record under FERPA, an educational agency or institution, or a party acting for the agency or institution, also must maintain the record. FERPA_DSP_NAME_SEC. The educational agency or institution uses the photo or video for disciplinary action (or other official purposes) involving the student (including the victim of any such disciplinary incident); The photo or video contains a depiction of an activity: that resulted in an educational agency or institution’s use of the photo or video for disciplinary action (or other official purposes) involving a student (or, if disciplinary action is pending or has not yet been taken, that would reasonably result in use of the photo or video for disciplinary action involving a student); that shows a student in violation of local, state, or federal law; that shows a student getting injured, attacked, victimized, ill, or having a health emergency; The person or entity taking the photo or video intends to make a specific student the focus of the photo or video (e.g., ID photos, or a recording of a student presentation); or. It is particularly important to protect confidential personal information on social media. This is referred to as Directory Information. DRAFT FERPA DIRECTORY INFORMATION GLOBAL DEFINITION PROPOSAL 2 Currently, FERPA directory information is defined through policy on an individual college basis, the result of which is a wide variety of definitions across the system. For more detailed information on ASU's FERPA policy, please see SSM 107-01: Release of Student Information. 34 CFR § 99.10(d). Please note that the FERPA regulations (34 CFR § 99.11(a)) similarly provide that if a fee for copies effectively prevents a parent or an eligible student from exercising the right to inspect and review his or her education records, an educational agency or institution would be required to provide copies without payment. 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