Schools often designate photos or videos of students participating in public events (e.g., sporting events, concerts, theater performances, etc.) FERPA Rights 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). 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. Furthermore, completion of this form means that JWU will not orally release any FERPA-protected information to anyone, including any authorized user. Genera… 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. 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. I understand that upon submission of this form, information that identifies me and that the University has designated as Directory Information To seek to amend education records that are believed to be inaccurate or misleading . 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. 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. 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. § 99.37(d), a school or school district may adopt a limited directory information policy. Under FERPA provisions, students have the right to withhold the disclosure of the information designated as Directory Information. 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. This is referred to as Directory Information. 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. 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. 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 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. 1. The FERPA statute and regulations (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. 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. 1417(c) and 34 CFR §§ 300.610-300.626 and 34 CFR §§ 303.401-303.416. 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 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. According to FERPA, a student can request that the institution not release any directory information about him/her. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. See more about Directory Information below. This information can be released without the student’s written permission. 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]. 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. 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. Determine releasable data for an individual, including gender, marital status, and photo. FERPA guidelines protect students by guarding against the release of their records without their consent. 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. 34 CFR § 99.10(d). 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 … We ask parents to think carefully before restricting this information. In addition to following Western’s Social Media Guide, FERPA and the associated considerations apply to images or video used on social media. ... Request to Prevent Release or Publication of Directory Information; Request to Release Information; Mailing Address. 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. Exclusion for Law Enforcement Unit Records. as directory information and/or obtain consent from the parents or eligible students to publicly ... also must maintain the record. 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. 1232g(b)(1)(J) and (b)(2) and 34 CFR § 99.31(a)(9)). 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. 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. 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. Students accessing education records or receiving university services must provide proof of identification. FERPA regulations do not define what it means for a record to be “directly related” to a student. 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