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. Students may change their decision by filing a Change of Information Form with the Admissions office. FERPA guidelines protect students by guarding against the release of their records without their consent. 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. If confidential information is to be stored on removable media or in the cloud, see the I.T. For example, a surveillance video that shows two students fighting on a school bus that the school uses and maintains to discipline the two students, would be “directly related to” and, therefore, the education record of both students. [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. “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. 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. Anything not on the list below could be a protected educational record, and as such should not be released to a … 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. Video or Photo: do not discuss student individual records or share non-directory information in unsecure on online video meetings/recordings. [1] The Individuals with Disabilities Education Act (IDEA) also contains privacy protections that apply to children with disabilities. 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. 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. FERPA generally does not require the educational agency or institution to release copies of the video to the parent or eligible student. The FERPA statute and regulations (20 U.S.C. No. FERPA permits legal representatives of a parent or an eligible student to inspect and review videos with the parent or eligible student. 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. FERPA_DSP_NAME_SEC. 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. 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. 20 U.S.C. Click the FERPA (privacy shade) button from most pages for the individual. 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. 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. 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. 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. 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. 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. Directory Information. I have read this form carefully and understand the consequences of my decision to prevent release of any of my Directory Information. § 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. FERPA regulations do not define what it means for a record to be “directly related” to a student. § 1232g(a)(1)(A) and regulatory provisions at 34 CFR § 99.12(a). All other non-directory information is not public information and is protected under FERPA, which supersedes Florida's Sunshine State open records laws. 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. 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 … FERPA regulations do not define what it means for a record to be ... theater performances, etc.) 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. photographic material (not including student ID photo) hometown; WITHHOLDING DIRECTORY INFORMATION. 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 FERPA statute and regulations (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. Social Media. 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. However, the student may opt to consider this information confidential as well. FERPA Rights 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. 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. According to FERPA, a student can request that the institution not release any directory information about him/her. 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. 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. • Photo . FERPA regulations do not define what it means for a record to be “directly related” to a student. 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. Yes. Determine releasable data for an individual, including gender, marital status, and photo. FERPA does, however, allow the University to release information referred to as “directory information” without students’ permission. 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. See more about Directory Information below. 1232g(a)(4)(A); 34 CFR § 99.3 “Education Record”)[1]. FERPA Information. 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