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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
notices; directory information; disclosure; consent
Purpose
Allows a school to disclose student directory information if the school notifies a parent or eligible student of the information designated as directory information and of the right to refuse the disclosure of the information. Outlines directory information that may not be disclosed unless outlined conditions are met. Modifies requirements relating to a school district's parental involvement policy.
Background
The federal Family Education Rights and Privacy Act of 1974 (FERPA) outlines requirements and procedures relating to the disclosure of directory information. 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, including a student's name, address, telephone number, e-mail address, photograph, date and place of birth, field of study, grade level, enrollment status, dates of attendance and most recently attended educational agency or institution. Directory information does not include a student's social security number or, except as specified, a student identification number (20 U.S.C. § 1232g; 34 C.F.R. § 99.3).
Federal regulations allow an educational agency or institution to disclose directory information if the educational agency or institution provides public notice to parents and eligible students of: 1) the types of personally identifiable information the educational agency or institution has designated as directory information; 2) a parent's or eligible student's right to refuse the designation of any or all the types of information as directory information; and 3) the period of time within which a parent or eligible student has to provide written notification that the parent or eligible student does not want any or all of the student's information designated as directory information (34 C.F.R. § 99.37).
If a school district governing board (governing board) or charter school governing body allows the release of student directory information, the directory information must be released annually by October 31. ADE must design and provide a form to school districts and charter schools to allow students to request that the student's directory information not be released. A school district or charter school may not release directory information if the release of such information violates FERPA (A.R.S. § 15-142).
Each governing board, in consultation with parents, teachers and administrators, must develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in schools within the school district. The governing board may adopt a policy to provide parents the information in a school district's parental involvement policy in an electronic form (A.R.S. § 15-102).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a school to disclose student directory information in accordance with state and federal law if the school first notifies the parent or eligible student of:
a) the types of information that the school has designated as directory information;
b) a parent's or eligible student's right to refuse the school's designation of any or all of the types of information about the student as directory information; and
c) the period of time within which a parent or eligible student must notify the school in writing that the parent or eligible student does not want any or all of the types of information about the student designated as directory information.
2. Prohibits a school from disclosing a student's address, telephone number or email address except as required by state and federal law or unless the parent or eligible student:
a) has affirmatively consented in writing to the disclosure; or
b) has not opted out of the disclosure and the disclosure is to one or more students who are enrolled in the school and for educational purposes, or to school employees and for school business purposes.
3. Requires ADE to design and provide a form for school districts and charter schools to allow parents or eligible students, rather than students, to request that a student's directory information not be released.
4. Replaces the authorization for a governing board to adopt a policy to provide parents the parental involvement policy information in an electronic form with a requirement for a governing board to adopt a policy to provide parents the parental involvement policy information in an electronic or printed form.
5. Requires a governing board to provide parents a copy of the school district's policy to provide the parental involvement policy information in an annual notice.
6. Defines eligible student as a student who is at least 18 years old or is emancipated.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
ED 2/11/25 DP 12-0-0-0
3rd Read 2/20/25 58-0-2
Prepared by Senate Research
March 10, 2025
MH/SDR/ci