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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. FERPA permits legal representatives of a parent or an eligible student to inspect and review videos with the parent or eligible student. The FERPA statute and regulations (20 U.S.C. For more detailed information on ASU's FERPA policy, please see SSM 107-01: Release of Student Information. Schools often designate photos or videos of students participating in public events (e.g., sporting events, concerts, theater performances, etc.) 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. 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. 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. We ask parents to think carefully before restricting this information. The FERPA statute and regulations (20 U.S.C. When is a photo or video of a student an education record under FERPA? Directory information is designated by the institution and can be released without the student’s ... o Students must complete the form in person with a photo ID. “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. 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. 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 … as Directory Information under FERPA. 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. FERPA defines "directory information" as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. FERPA does, however, allow the University to release information referred to as “directory information” without students’ permission. • Photo . 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. 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. 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, 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. 34 CFR § 99.10(d). 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. According to FERPA, a student can request that the institution not release any directory information about him/her. Students may change their decision by filing a Change of Information Form with the Admissions office. 20 U.S.C. FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Schools often designate photos or videos of students participating in public events (e.g., sporting events, concerts, theater performances, etc.) 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. This information can be released without the student’s written permission. 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. 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. When in doubt, it is best to obtain permission before a photo or video is shared publicly. 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. It states that all educational records and information can only be released to the student directly unless the student has given specific, written permission to release that information to a third party. photographic material (not including student ID photo) hometown; WITHHOLDING DIRECTORY INFORMATION. as directory information and/or obtain consent from the parents or eligible students to publicly disclose photos or videos from these events. A3900 University Center 282 Champions Way Tallahassee, FL 32306-2480 Email. Video or Photo: do not discuss student individual records or share non-directory information in unsecure on online video meetings/recordings. A currently enrolled student may withhold directory information by completing a request form in the Registrar's Office, on or before the census date of a term. 1232g(a)(4)(A); 34 CFR § 99.3 “Education Record”)[1]. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. 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. FERPA_DISPLAY1_SP. o Questions about the FERPA Restriction or any inquiries on these students should be ... - Be vigilant and report any potential information security or FERPA violations. 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 permits a school to disclose personally identifiable information from a student's education records when such information has been appropriately designated as directory information. We view the costs, if any, to the school of redacting, or segregating, education records of multiple students as being like the costs of search and retrieval that may not be charged to parents or eligible students, rather than like the costs for copies that generally may be charged to parents and eligible students. FERPA guidelines protect students by guarding against the release of their records without their consent. If confidential information is to be stored on removable media or in the cloud, see the I.T. The audio or visual content of the photo or video otherwise contains personally identifiable information contained in a student’s education record. FERPA regulations do not define what it means for a record to be “directly related” to a student. Genera… 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. § 1232g(a)(4)(A); 34 CFR § 99.3). To seek to amend education records that are believed to be inaccurate or misleading . in accordance with FERPA. 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. [Note: Per 34 C.F.R. For a fuller legal analysis and explanation of this issue, please see the 2017 Letter to Wachter. No. However, the student may opt to consider this information confidential as well. Directory Information. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. (20 U.S.C. Releasable FERPA Directory 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. 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. § 99.37(d), a school or school district may adopt a limited directory information policy. If you have any questions regarding any of the information contained herein, please contact the University of Arizona Office of … 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. RCCD students initially give or withhold consent via the Admissions Application. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. Yes. Directory information includes a student’s: Name 1232g(b)(1)(J) and (b)(2) and 34 CFR § 99.31(a)(9)). The goal of this proposal is to implement a system-wide policy defining FERPA directory information. It is particularly important to protect confidential personal information on social media. (20 U.S.C. 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. 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. ... Request to Prevent Release or Publication of Directory Information; Request to Release Information; Mailing Address. Inspect and review their education records. ... Instructors may send information protected by FERPA to the student’s OTC e-mail account. Exclusion for Law Enforcement Unit Records. 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. 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. 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). Releasable Names . 1417(c) and 34 CFR §§ 300.610-300.626 and 34 CFR §§ 303.401-303.416. I understand that upon submission of this Form, the information checked cannot be released to third parties without my written consent or unless the School is required by law or permitted under FERPA to release such information without my prior written consent; and that the checked directory information Click the FERPA (privacy shade) button from most pages for the individual. This is referred to as Directory Information. The university has defined the following as student directory information at Lakeland University: • … I understand that upon submission of this form, information that identifies me and that the University has designated as Directory Information Yes. 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. [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. 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. 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. In addition to following Western’s Social Media Guide, FERPA and the associated considerations apply to images or video used on social media. 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]. 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 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.] All other non-directory information is not public information and is protected under FERPA, which supersedes Florida's Sunshine State open records laws. § 1232g(a)(1)(A) and regulatory provisions at 34 CFR § 99.12(a). 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. Determine releasable data for an individual, including gender, marital status, and photo. If a school elects to provide a parent or eligible student with a copy of the education records, then the FERPA regulations (34 CFR § 99.11(a)) generally permit (with the exception noted below) the school to charge for the costs required to make the copy. Students accessing education records or receiving university services must provide proof of identification. 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. FERPA: Information for Students. 20 U.S.C. 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. FERPA regulations do not define what it means for a record to be ... theater performances, etc.) Control the disclosure of their education records. Directory information, ... this form must be completed and submitted to Student Academic & Financial Services in person with a photo ID. 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. Photos aren't included in my college's "directory information" set. The request form is in effect until rescinded by the student. ... Any student who has placed a privacy hold on their record must conduct all business in person after presenting photo identification. Social Media. 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 Family Educational Rights and Privacy Act(FERPA) of 1974 (20 U.S.C. I have read this form carefully and understand the consequences of my decision to prevent release of any of my Directory Information. 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. 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). Directory Information is defined as that information which would not generally be considered harmful or an invasion of privacy if disclosed. 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. 1. Anything not on the list below could be a protected educational record, and as such should not be released to a … At ASU, students who wish to restrict the release of directory information about themselves must complete a Directory Restriction Form available at the Office of the Registrar , Room 200 of the Hardeman Student Services Center. FERPA_DSP_NAME_SEC. FERPA regulations do not define what it means for a record to be “directly related” to a student. 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. [1] The Individuals with Disabilities Education Act (IDEA) also contains privacy protections that apply to children with disabilities. The information requested is directory information and there is no privacy hold on the record. as directory information and/or obtain consent from the parents or eligible students to publicly ... also must maintain the record. Since students are protected by FERPA, any photo in which one can clearly recognize a student should not be used without that student's express permission even if the photo was taken in a public place on campus. Student record information is confidential and private. FERPA provides parents and eligible students with the right to inspect and review the student’s education records, and nothing in the FERPA statute or regulations permits educational agencies and institutions to charge parents or eligible students for fees or costs associated with exercising that right. 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. 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 … 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. [1] The Individuals with Disabilities Education Act (IDEA) also contains privacy protections that apply to children with disabilities. 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