January Newsletter: AT News You Can Use

Ask ABLE Tech

We are starting a new section of the newsletter- Ask ABLE Tech. Please send us any questions you may have about Assistive Technology and ABLE Tech staff will research the answer and post it here!  Questions can be sent to abletech@okstate.edu. Please place “Ask ABLE Tech” in the subject line.

January’s QUESTION: A student in my class relies on a Speech-Generating Device (SGD) to communicate. The device includes pictures and names of all students in his class for communication purposes. If a student has opted out of the school directory, is specific consent required to add his/her picture to a device? Since there is no expectation of privacy in a classroom - would consent be required if the picture was taken directly with the camera of the SGD?

ABLE Tech’s ANSWER: From the U.S. Department of Education’s Student Privacy Policy Office (SPPO) which maintains the Family Educational Rights and Privacy Act (FERPA) email box to provide school officials, parents, students, and others with brief, informal responses to routine questions about FERPA: 

A student’s picture is not different than a student’s name; they are both “personally identifiable information” from the student’s education records which can be disclosed either with the student’s consent or under an exception to consent. Please note that FERPA generally does not protect the confidentiality of information. Rather, FERPA prohibits the improper disclosure of personally identifiable information derived from education records.

One exception to FERPA’s general consent requirement permits the nonconsensual disclosure of information derived from education records that have been appropriately designated as "directory information" by the educational agency or institution. § 99.31(a)(11). FERPA defines directory information as information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. § 99.3 "Directory information."  Directory information could include information such as the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees; honors and awards received; and the most recent educational agency or institution attended.

FERPA provides that a school may disclose directory information if it has given public notice of the types of information which it has designated as "directory information," the eligible student's right to restrict the disclosure of such information, and the period of time within which an eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as "directory information."  

So, to sum up, the response from the SPPO, please let all your families know (public notice) that students’ pictures and names will be included in a student’s SGD and ask if they have concerns or questions about how the name and picture will be used.