ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2514: notices; directory information; disclosure; consent

Sponsor: Representative Olson, LD 10

Committee on Education

Overview

Prescribes parent and eligible student notification and consent requirements for schools regarding the disclosure of directory information. Modifies requirements relating to the parental involvement policy adopted by a school district governing board (governing board).

History

The Family Educational Rights and Privacy Act of 1974 (FERPA) regulations define directory information as information in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. Federal regulations detail the information included as directory information, such as the student's name, address, telephone listing, email, photograph and date and place of birth. An educational agency or institution may disclose directory information to third parties without consent if it has given public notice to parents of students and eligible students of: 1) the types of personally identifiable information designated as directory information; 2) the parent's or eligible student's right to refuse the designation; and 3) the period of time within which a parent or eligible student has to notify in writing that they do not want the information designated as directory information (34 C.F.R. §§ 99.3 and 99.37).

If a school district or charter school allows the release of student directory information, the information must be released by October 31st annually. The Arizona Department of Education (ADE) must provide a form to school districts and charter schools to distribute to students annually that allows students to request their directory information not be released. Statute details the complaint a process a person may follow if they suspect a school district or charter school has violated FERPA requirements (A.R.S. § 15-141).

A governing board, in consultation with parents, teachers and administrators, must develop and adopt a policy to promote the involvement of parents and guardians of students enrolled in the school district. Statute details the information that must be included in this policy. A governing board may adopt a policy to provide its parental involvement policy in an electronic form (A.R.S. § 15-102).

Provisions

Directory Information

1. Stipulates a school may disclose directory information relating to students in accordance with state and federal law if the school first notifies the parent or eligible student of:

a) the types of information designated as directory information by the school;

b) the parent's or eligible student's right to refuse the school's designation of any of the types of information about the student as directory information; and

c) the time period within which a parent or eligible student must notify the school in writing that the parent or eligible student does not want any of the types of information about the student designated as directory information. (Sec. 2)

2. Prohibits a school, except as required by state or federal law, from disclosing the address, telephone number or email of a student unless the parent or eligible student:

a) has affirmatively consented in writing to the disclosure;

b) has not opted out of the disclosure; and

c) the disclosure is to:

i. students enrolled in the school for educational purposes; or

ii. school employees for school business purposes. (Sec. 2)

3. Specifies the form provided by ADE to school districts and charter schools must allow parents and eligible students, rather than pupils, to request that the directory information not be released. (Sec. 2)

4. Specifies the form provided by ADE must be distributed by school districts and charter schools to parents and eligible students, rather than pupils. (Sec. 2)

5. Defines eligible student as a student who is at least 18 years old or emancipated. (Sec. 2)

Governing Board Parental Involvement Policy

6. Modifies requirements relating to a governing board's parental involvement policy by:

a) requiring, rather than allowing, the governing board to adopt a policy to provide its parental involvement policy to parents in an electronic or printed form; and

b) instructing the governing board to provide a copy of its adopted parental involvement policy to parents in an annual notice. (Sec. 1)

7. Makes technical changes. (Sec. 1, 2)

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