1232g(a)(4)(A); 34 CFR § 99.3 “Education Record”)[1]. RCCD students initially give or withhold consent via the Admissions Application. If a school or school district does so, the directory information notice to parents and eligible students must specify the parties who may receive directory information and/or the purposes for which directory information may be disclosed.] If, however, the parent’s photo shows two students fighting at the game, and the parent provides a copy of the photo to the school, which then maintains the photo in the students’ disciplinary records, then the copy of the photo being maintained by the school is an education record. as directory information and/or obtain consent from the parents or eligible students to publicly disclose photos or videos from these events. 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. 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. § 1232g(a)(4)(A); 34 CFR § 99.3). According to FERPA, a student can request that the institution not release any directory information about him/her. In the context of photos and videos, determining if a visual representation of a student is directly related to a student (rather than just incidentally related to him or her) is often context-specific, and educational agencies and institutions should examine certain types of photos and videos on a case by case basis to determine if they directly relate to any of the students depicted therein. [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. FERPA permits release of “directory information” without authorization unless the student notifies the Registrar’s Office, in writing and within the first two weeks of a semester, of a specific request that the College not release such information. 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. Yes. 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. FERPA_DISPLAY1_SP. ... Request to Prevent Release or Publication of Directory Information; Request to Release Information; Mailing Address. (20 U.S.C. FERPA regulations do not define what it means for a record to be ... theater performances, etc.) Student record information is confidential and private. 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. Releasable Names . All other non-directory information is not public information and is protected under FERPA, which supersedes Florida's Sunshine State open records laws. 1417(c) and 34 CFR §§ 300.610-300.626 and 34 CFR §§ 303.401-303.416. While we do not advise on an educational agency’s or institution’s obligations under any state open records laws that may apply, we note that FERPA does not generally require an educational agency or institution to provide copies of education records to parents and eligible students[2]. "Directory information" is defined as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Genera… A video recording of a faculty meeting during which a specific student’s grades are being discussed is directly related to that student because the discussion contains PII from the student’s education record. Exclusion for Law Enforcement Unit Records. as Directory Information under FERPA. In addition to following Western’s Social Media Guide, FERPA and the associated considerations apply to images or video used on social media. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. Social Media. If confidential information is to be stored on removable media or in the cloud, see the I.T. Photos aren't included in my college's "directory information" set. Students may change their decision by filing a Change of Information Form with the Admissions office. When in doubt, it is best to obtain permission before a photo or video is shared publicly. If the educational agency or institution can reasonably redact or segregate out the portions of the video directly related to other students, without destroying the meaning of the record, then the educational agency or institution would be required to do so prior to providing the parent or eligible student with access. Unfortunately, by restricting your child’s directory information for school publications, your student's name and photo cannot be included in student annuals and yearbooks. Anything not on the list below could be a protected educational record, and as such should not be released to a … FERPA regulations (34 CFR § 99.11(b)) also provide that the school may not charge a parent or eligible student for the costs to search for or retrieve the education records. “Education records” are “those records, files documents, and other materials which 1) contain information directly related to a student; and 2) are maintained by an educational institution. In the context of photos and videos, determining if a visual representation of a student is directly related to a student (rather than just incidentally related to him or her) is often context-specific, and educational agencies and institutions should examine certain types of photos and videos on a case by case basis to determine if they directly relate to any of the students depicted therein. FERPA regulations do not define what it means for a record to be “directly related” to a student. I understand that upon submission of this form, information that identifies me and that the University has designated as Directory Information Directory information, ... this form must be completed and submitted to Student Academic & Financial Services in person with a photo ID. FERPA Information. 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. Furthermore, completion of this form means that JWU will not orally release any FERPA-protected information to anyone, including any authorized user. The purpose of this guidance is to answer questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19). If the videos are education records, however, educational agencies and institutions may not turn over videos to the police upon request without having first either obtained the written consent of the parent or eligible student or determined that the conditions of an exception to the general requirement of consent have been met, such as if the disclosure is made in connection with a health or safety emergency (20 U.S.C. 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. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. When a video is an education record of multiple students, in general, FERPA requires the educational agency or institution to allow, upon request, an individual parent of a student (or the student if the student is an eligible student) to whom the video directly relates to inspect and review, or "be informed of" the content of the video, consistent with the FERPA statutory provisions in 20 U.S.C. 34 CFR § 99.10(d). FERPA: Information for Students. Directory Information FERPA allows for the university to define some basic information which may be released without a student’s prior 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. 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. 1232g(a)(4)(A); 34 CFR § 99.3 “Education Record”)[1]. [Note: Per 34 C.F.R. The FERPA statute and regulations (20 U.S.C. 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. 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. 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. 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. Inspect and review their education records. 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. The university has defined the following as student directory information at Lakeland University: • … Directory information includes a student’s: Name 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. 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. 1232g(b)(1)(J) and (b)(2) and 34 CFR § 99.31(a)(9)). Such cases would be limited to a parent or an eligible student providing evidence of the inability to pay for the copies due to financial hardship. According to FERPA, while still enrolled, students can request that the institution not release any directory information about them. as directory information and/or obtain consent from the parents or eligible students to publicly ... also must maintain the record. You have a say in who can see your child’s directory information. Under FERPA provisions, students have the right to withhold the disclosure of the information designated as Directory Information. 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. Determine releasable data for an individual, including gender, marital status, and photo. Releasable FERPA Directory Information . [1] The Individuals with Disabilities Education Act (IDEA) also contains privacy protections that apply to children with disabilities. FERPA_DSP_NAME_SEC. Data Protection Requirements regarding the proper storage. However, the student may opt to consider this information confidential as well. Thus, if a law enforcement unit of an educational agency or institution creates and maintains the school’s surveillance videos for a law enforcement purpose, then any such videos would not be considered to be education records. When is a photo or video of a student an education record under FERPA? 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. 1. 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. 20 U.S.C. The audio or visual content of the photo or video otherwise contains personally identifiable information contained in a student’s education record. If you are ever in doubt, do not release any information until you contact the Office of the Registrar at 219-989-2210 or cheryla@pnw.edu. The request form is in effect until rescinded by the student. 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. in accordance with FERPA. (20 U.S.C. 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 … 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. Click the FERPA (privacy shade) button from most pages for the individual. • Photo . For more detailed information on ASU's FERPA policy, please see SSM 107-01: Release of Student Information. This is referred to as Directory Information. 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. 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. The FERPA statute and regulations (20 U.S.C. Directory Information is defined as that information which would not generally be considered harmful or an invasion of privacy if disclosed. We ask parents to think carefully before restricting this information. FERPA's prohibition on disclosure of personally identifiable information from an education record of a student applies to any kind of non-directory information (e.g., performance in class, grades, attitude, motivation, abilities, background) conveyed in writing, in … 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. Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Request PTAC Training or Technical Assistance, FERPA and the Coronavirus Disease 2019 (COVID-19), Colleges and the 2020 Census - Coronavirus Update. § 99.37(d), a school or school district may adopt a limited directory information policy. Directory Information. The Family Educational Rights and Privacy Act(FERPA) of 1974 (20 U.S.C. FERPA generally does not require the educational agency or institution to release copies of the video to the parent or eligible student. In providing access to the video, the educational agency or institution must provide the parent of the student (or the student if the student is an eligible student) with the opportunity to inspect and review or "be informed of" the content of the video. as directory information and/or obtain consent from the parents or eligible students to publicly disclose photos or videos from these events. Directory Information. If you have any questions regarding any of the information contained herein, please contact the University of Arizona Office of … See more about Directory Information below. 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. For a fuller legal analysis and explanation of this issue, please see the 2017 Letter to Wachter. Control the disclosure of their education records. 1232g(b)(1)(I) and 34 CFR §§ 99.31(a)(10) and 99.36) or the law enforcement officer has presented the educational agency or institution with a judicial order or a lawfully issued subpoena (20 U.S.C. FERPA Rights The information requested is directory information and there is no privacy hold on the record. 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