Procedure JO-1-AP(2): Student Records - (Disclosure of Photographs, Images and Recordings Maintained by the District)

The district uses photographs, digital images and video and audio recordings (“images and recordings”) for educational and safety purposes. In general, these images and recordings are made for internal purposes to be viewed by district staff and are not intended to be disclosed to parents, students, the media, law enforcement or other interested persons.

Images and recordings that the district maintains are subject to the Missouri Open Meetings and Records Act (“Sunshine Law”), and any person may request to view or obtain a copy of an image or recording by contacting the district's custodian of records. However, in some situations, images and recordings may be considered a closed, confidential record under state and federal law, particularly when the image or recording is directly related to a personally identifiable student.

This procedure provides guidance for administrators when handling requests for disclosure of images or recordings the district makes or maintains that are directly related to a personally identifiable student. This procedure does not apply in situations where an image or recording is created and maintained by a parent, the news media or a person or entity other than the district or district employees or agents acting on behalf of the district.

Definitions

Directly Related – An image or recording is directly related to a student if a student is a focus of the image or recording, or the image or recording is used for an official purpose including, but not limited to, discipline of a student; proof that a student is a victim; proof that a student has violated the law; or evidence of a health emergency. An image or recording is also directly related to a student if the audio or visual content contains personally identifiable information contained in a student's education records. Typically an image or recording is not directly related to a student if the student's image or voice is incidental or captured only as part of the background or a student is shown participating in school activities that are open to the public and the student is not the focus of the recording.

Disclosure – Providing an image or recording or a copy of an image or recording to a person or entity or allowing them to listen to or view an image or recording.

Eligible Student – A student who is at least 18 years old or is attending a postsecondary institution.

Images or Recordings – Any audiotape, digital sound, photograph, video or digital image maintained by the district or on behalf of the district.

Isolated Images and Recordings – Images or recordings that have been separated or cut from an original image or recording so that one or more students are not personally identifiable.

Parent – A biological or adoptive parent of a student, a guardian of a student, or an individual acting as a parent or guardian in the absence of the student's parent or guardian.

Personally Identifiable Student – A student who can be identified by a person in the school community with reasonable certainty.

Redacted Images and Recordings – Images or recordings that have been altered so that one or more students are not personally identifiable.

Requests for Disclosure

All requests for disclosure of an image or recording by persons other than school officials with a legitimate educational interest in the image or recording must be made to the district's custodian of records designated in Board policy or to other persons designated by the superintendent. Any concerns regarding the legality of disclosing an image or recording may be brought to the superintendent or designee so that the district's attorney may be consulted.

Images and Recordings without Personally Identifiable Students

If there is no personally identifiable student in the image or recording, the image or recording must be disclosed to any person who requests it under the Sunshine Law unless it is considered a closed record under the Sunshine Law or is confidential under another state or federal law.

Images and Recordings of Personally Identifiable Students

If an image or recording includes a personally identifiable student and is directly related to the student, the district will isolate or redact the image so that the student is no longer personally identifiable if the district has the technology and ability to do so without changing the meaning of the image or recording. The isolated or redacted image or recording will be disclosed when required by law.

If an image or recording directly relates to a personally identifiable student and the district is unable to isolate or redact the image or recording as required above, the district will disclose the image or recording only if one or more of the following exceptions apply:

1. Disclosure to School Officials – School officials, as defined in JO-AP1, may have access to images and recordings of personally identifiable students if the school officials have a legitimate educational interest in the image or recording and are otherwise authorized to access student records.

2. Disclosure to Parents or Eligible Students – Parents may inspect records of their personally identifiable student, including images and recordings. Eligible students may inspect images and recordings of themselves. If an image or recording is directly related to more than one personally identifiable student, the district will attempt to isolate or redact the image of the other students. However, if an image or recording is directly related to more than one student and the recording cannot be isolated or redacted without destroying its meaning, the recording must be disclosed to all eligible students and parents of students to which the recording is directly related.

3. Parent or Eligible Student Has Consented to the Disclosure – If the parents or eligible students of all personally identifiable students depicted in the image or recording have consented in writing to the disclosure, the district will disclose the image or recording. The written consent must be signed, dated and state the purpose of the disclosure and the parties to whom the disclosure may be made. An electronic signature may be used if it identifies and authenticates a particular person as the source of the consent.

4. Disclosure of Images and Recordings as Directory Information – The district sometimes creates and maintains images and recordings that are either intended to be disclosed to the public or are otherwise not considered harmful or an invasion of privacy if disclosed to the public, even if the image or recording is directly related to a personally identifiable student. For example, the district, or agents of the district, frequently create images and recordings of concerts, athletic performances and graduations.

If the district has notified parents and students annually of the district's definition of directory information in policy JO and that definition includes images and recordings, the district will disclose an image or recording of one or more personally identifiable students to any person or entity as long as the image or recording is not being used as a discipline record of a student or is not otherwise considered confidential under law. However, if the parents of a student or an eligible student have opted out of the disclosure of directory information and the image or recording is directly related to that identifiable student, the district will not disclose the image or recording unless the district is able to isolate or redact the image or recording to protect the student's identity or unless another exception applies. The district will disclose the image or recording if a student is merely pictured in a crowd at a public event and is not the subject of the image or recording.

5. Disclosure to the Juvenile Office – An image or recording may be disclosed to the juvenile office if it impacts the juvenile authorities' ability to effectively serve, prior to adjudication, a student in the image or recording.

6. Disclosure to Law Enforcement – An image or recording that includes a personally identifiable student may be disclosed to law enforcement officials other than the juvenile office if:

          ►          It impacts law enforcement's ability to effectively serve, prior to adjudication, the student whose records are released;

          ►          The district has received written consent from the parents or eligible student for the disclosure;

          ►          There is a judicial order or subpoena for the image or recording; or

          ►          Another exception listed in this procedure or law applies.

7. Disclosure Based on Judicial Order or Subpoena – The district may disclose an image or recording that includes a personally identifiable student in order to comply with a judicial order or a lawfully issued subpoena. When required by law, the district will notify the parent or eligible student of the order or subpoena in advance of compliance.

8. Disclosure to the Children's Division – The district will disclose an image or recording to the Children's Division (CD) of the Department of Social Services when necessary to comply with the state's mandated reporter laws or when the CD is legally responsible for the care and protection of the student.

9. Disclosure to Appropriate Parties in Connection with an Emergency – The district will disclose an image or recording if the district determines there is an articulable and significant threat to the health or safety of students or other persons and the disclosure is to a person whose knowledge of the image or recording is necessary to protect the health or safety of students or other individuals.

Note: The reader is encouraged to review policies and/or forms for related information in this administrative area.

Oregon County R-VI Sch. Dist. v. LeMon, 739 S.W.2d 533 (Mo. Ct. App. 1987) Federal

20 U.S.C. § 1232g Family Educational Rights and Privacy Act 20 U.S.C. § 1232h Protection of Pupil Rights Amendment 20 U.S.C. § 1400-1417 Individuals with Disabilities Education Act 20 U.S.C. § 7908 Elementary and Secondary Education Act 29 U.S.C. § 794 Section 504 of the Rehabilitation Act of 1973 34 C.F.R Part 104 Section 504 of the Rehabilitation Act of 1973 42 U.S.C. §§ 12101-12213 Americans with Disabilities Act

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