DISCLOSURE OF DIRECTORY INFORMATION  
 
Authorities:  34 C.F.R. Part 99; Texas Education Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
DEFINITIONS


P For the purposes of the RECORDS frameworks, the terms "eligible student" and "education records" are defined in the PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS framework.

DIRECTORY INFORMATION


P Under the Family Educational Rights and Privacy Act (FERPA) and in the RECORDS frameworks, "directory information" means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to: 99.3

P
  • The student's name;
99.3

P
  • Address;
99.3

P
  • Telephone listing;
99.3

P
  • Electronic mail address;
99.3

P
  • Photograph;
99.3

P
  • Date and place of birth;
99.3

P
  • Major field of study;
99.3

P
  • Grade level;
99.3

P
  • Enrollment status (e.g., undergraduate or graduate, full-time or part-time);
99.3

P
  • Dates of attendance;
99.3

P
  • Participation in officially recognized activities and sports;
99.3

P
  • Weight and height of members of athletic teams;
99.3

P
  • Degrees, honors, and awards received;
99.3

P
  • The most recent educational agency or institution attended; and
99.3

P
  • Student identification (ID) number, user ID, or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems, but only if:
99.3

P
    • The identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as:
99.3

P
      • Personal identification number;
99.3

P
      • Password; or
99.3

P
      • Other factor known or possessed only by the authorized user.
99.3

P The school district may designate as directory information any or all information defined as directory information by FERPA. TEC 26.013(c)

P Requirements of FERPA, as noted in the Code of Federal Regulations Chapter 99.37, apply to all local educational agencies (LEAs). Requirements of the Texas Education Code Chapter 26.013 do not apply to charter schools. 99.37

NOTICE OF DIRECTORY INFORMATION FOR CHARTER SCHOOLS


P The charter school may disclose directory information if it has given written public notice to parents of students in attendance and eligible students in attendance at the charter school. 99.37(a)

P The charter school must ensure the notice: 99.37(a)

D
  • Identifies the types of personally identifiable information that the charter school has designated as directory information;
99.37(a)(1)

D
  • Contains notice to parents or eligible students of the right to refuse to let the charter school designate any or all of those types of information about the student designated as directory information; and
99.37(a)(2)

D
  • Specifies the period of time within which a parent or eligible student has to notify the charter school in writing that he or she does not want any or all of those types of information about the student designated as directory information.
99.37(a)(3)

NOTICE OF DIRECTORY INFORMATION FOR SCHOOL DISTRICTS


P The school district may disclose directory information if it has given written public notice to parents of students in attendance and eligible students in attendance at the school district. 99.37(a)
TEC 26.013(a)

P The school district must ensure the notice: 99.37(a)
TEC 26.013(a)
TEC 26.013(b)

P
  • Is provided at the beginning of each school year or upon enrollment of the student after the beginning of the school year;
TEC 26.013(a)

D
  • Contains an explanation of the provisions of FERPA regarding the release of directory information about the student; 
TEC 26.013(a)(1)
99.37

D
  • Contains notice of the right of the parent or eligible student to object to the release of directory information about the student under FERPA;
TEC 26.013(a)(2)
99.37(a)(2)

D
  • Contains the following statement in boldface type that is 14 point or larger:
TEC 26.013(b)(1)

D
    • "Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information unless the parent or guardian objects to the release of the directory information about the student. If you do not want [insert the name of school district] to disclose directory information from your child's education records without your prior written consent, you must notify the district in writing by [insert date]. [Insert name of school district] has designated the following information as directory information: [Here a school district must include any directory information it chooses to designate as directory information for the district, such as a student's name, address, telephone listing, electronic mail address, photograph, degrees, honors and awards received, date and place of birth, major field of study, dates of attendance, grade level, most recent educational institution attended, and participation in officially recognized activities and sports, and the weight and height of members of athletic teams.]";
TEC 26.013(b)(1)
99.37(a)(3)

D
  • Contains a statement that federal law requires school districts receiving assistance under the Elementary and Secondary Education Act to provide a military recruiter or an institution of higher education, on request, with the name, address, and telephone number of a secondary student unless the parent or the eligible student has advised the school district that the parent or eligible student does not want the student's information disclosed without prior written consent;
TEC 26.013(b)(3)

D
  • Contains a form, such as a check-off list or similar mechanism, that:  
TEC 26.013(b)(2)

D
    • Immediately follows on the same page or the next page the required written statement; and
TEC 26.013(b)(2)(A)

D
    • Allows a parent or eligible student to record:
TEC 26.013(b)(2)(B)

D
      • The parent's or eligible student's objection to the release of all directory information, or one or more specific categories of directory information, if district policy permits the parent to object to one or more specific categories;
TEC 26.013(b)(2)(B)(i)

D
      • The parent's or eligible student's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education; and
TEC 26.013(b)(2)(B)(ii)

D
      • The parent's or eligible student's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication.
TEC 26.013(b)(2)(B)(iii)

PUBLIC INFORMATION


P Directory information under FERPA that is not designated by the school district as directory information for that school district is excepted from disclosure by the school district and may not be released under the Public Information Act (PIA). TEC 26.013(c)

P When a parent or eligible student provides consent for the school district to use directory information only for a limited school-sponsored purpose, if the school district has designated any such purpose, the information remains otherwise confidential and may not be released under the PIA. TEC 26.013(d)

FORMER STUDENTS


P The LEA may disclose directory information about former students without complying with the public notice and opt out conditions, except: 99.37(b)

P
  • The LEA must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request.
99.37(b)

 
 
Last Updated: Wednesday, April 19, 2017