Protecting the
Privacy of Student Records, Section 6 summary
Section 6:
Releasing Information Outside
an Agency
Section Summary:
A. Types of Information
Release
-
Non-personally identifiable data do not reveal
specific information about an individual. Release of this type of data
is generally allowed.
-
Personally identifiable data are those that
contain information that would make the student's identity and any related
information about him or her easily recognized. Release of this type of
data is subject to established policy in the school district, as well as
state and federal laws.
B. Release of Directory Information
-
State and local laws may specify what types
of information are considered directory information, which may be released
without prior consent. However, parents must be informed of what is considered
directory information and given the opportunity to withhold its release.
C. Release with Prior Consent
-
Non-directory information can be released
with written consent from the parent. The consent should specify the information
that may be released, the purpose of the release, and the recipient.
D. Release without Prior
Consent
-
Personally identifiable information may be
released as authorized in established policies and federal or state law
or regulations.
-
Examples of those to whom information from
education records may be released without seeking consent from parents
include authorized representatives from state and local education agencies,
the juvenile justice system, and health or safety personnel in case of
an emergency.
-
Information about a student's eligibility
for free and reduced-price school meals may be released only as authorized
under the NSLA and its regulations.
E. Release to Researchers
-
Requests from researchers should be handled
case-by-case. You should establish a set of criteria, application procedures,
and written guidelines for making the decision.
F. Release to Other Service
Agencies
-
Agencies are developing strategies which establish
the kinds of privacy standards and procedures that would ensure the confidentiality
of information while allowing restricted use of information for specific
and pre-approved purposes.
-
Interagency sharing of information from students'
education records generally requires a signed release by parents or eligible
students, regardless of whether the records originate in schools, health
centers, and employment or social service agencies.
G. Review Prior to Release
-
As a final security control, a designated
official could review the compiled data and verify that local procedures
have been followed, before approving the release.
H. Avoiding Misuse of Information
by Non-Intended or Secondary Users
-
Recipients should be required to sign an affidavit
that they will not release any personally identifiable information received.
I. Document the Release
-
It is important for you to document data releases
whether or not prior consent was required. This information should remain
in the record as long as you maintain the record.
J. Ensure the Security of
Data in Electronic Transmission
-
You should establish policies to cover instances
in which information may be released through electronic means. You can
use a variety of methods safeguard the data, including encryption and passwords,
and careful logging of a transfer.
[Section 6 full text]
For questions about the content of this product, please contact
Lee
M. Hoffman.
