Law / United States / 
Kentucky
Confidentiality, notice and release of public school student education records, with the directory information rule
KRS 160.705, 160.710, 160.720 and 160.725
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Prohibition, Consent, Disclosure, Retention, Governance
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- If you are a public school or school district, treat student education records as confidential and do not disclose them or release their contents except as KRS 160.720 allows (KRS 160.705(1)).
- Take precautions to protect and preserve all education records, including records generated and stored in the education technology system (KRS 160.705(2)).
- Retain a master copy of any digital, video or audio recording of school activities, unedited, for at least one week, and for at least one month where the activities include or allegedly include injury to students or school employees (KRS 160.705(2)(a) and (b)).
- Treat recordings of school activities as subject to the privacy and confidentiality requirements of KRS Chapter 160 (KRS 160.705(3)).
- Inform parents or eligible students of the rights of privacy and confidentiality accorded student education records, and adopt written policies consistent with state law (KRS 160.710).
- Take a parent's or eligible student's consent to a release on a signed form you devise that identifies the records to be released, the date of the release, the party to whom the release is granted and the purpose of the request (KRS 160.720(1)).
- Do not release records, reports or identifiable information on students to third parties, other than directory information, without parental or eligible student consent unless an exception in KRS 160.720(2) applies, such as school officials with legitimate educational interests or organizations conducting studies that do not permit personal identification of students or parents (KRS 160.720(2)).
- Keep a record of each release of education information other than directory information that shows the agency, institution or organization that requested or had access to the records and the purpose, and limit inspection of that record to the persons KRS 160.720(4) lists (KRS 160.720(4)).
- Before releasing directory information, give public notice of the categories you designate as directory information and allow a reasonable time for a parent or eligible student to say that any or all of it should not be released without prior consent (KRS 160.725(1)).
- If you are a local secondary school, provide student directory information to official recruiting representatives of the Armed Forces, the Kentucky Air National Guard, the Kentucky Army National Guard and the service academies by September 30 of each year, and where you give persons or groups that make students aware of occupational or educational options access to your campus or student directory information, give those recruiters access on the same basis (KRS 160.725(2)).
These lines are LexLint's reading of the law's text.
What record it asks for
Who may demand the log
Data subject, Regulator
What the log must hold
Access record, Actor identity
Logging duty
Educational institutions have to keep a record of each release of education information other than directory information, naming the requesting agency, institution or organization and the purpose, and federal and state officials conducting audits and evaluations of the education programs may inspect that record. The section names no period for keeping the record and no territorial hook. The one-week and one-month retention of recordings of school activities in KRS 160.705(2) concerns recordings of activities, not a record of processing.
- Kind
- Explicit
- As of
- Provision
- KRS 160.720(4) (record of release of education information, other than directory information, maintained by the educational institution)
What this law does
Education records of students in the public educational institutions of Kentucky are deemed confidential and may not be disclosed or their contents released except under the circumstances KRS 160.720 describes. An education record is data and information directly relating to a student that is collected or maintained by educational institutions or by a person acting for an institution.
An educational institution for these sections is a public school providing an elementary and secondary education, including vocational. School officials must take precautions to protect and preserve all education records, including records generated and stored in the education technology system. Recordings of school activities are subject to the privacy and confidentiality requirements of the chapter.
School officials must also retain an unedited master copy of recordings of school activities for at least one week, and for at least one month where the activities include or allegedly include injury to students or school employees. Parents or eligible students must be informed of the rights of privacy and confidentiality accorded student education records, and the educational institution must determine the means and method of notice and adopt written policies consistent with the state law.
A parent or eligible student consents to a release by completing and signing a form the educational institution devises, identifying the records to be released, the date of the release, the party to whom the release is granted, and the purpose of the request.
Educational institutions may not permit the release of records, reports or identifiable information on students to third parties other than directory information without parental or eligible student consent, except to the persons and bodies the subsection lists. An educational institution must maintain records of release of education information, other than directory information, indicating the requesting agency, institution or organization and the purpose.
An educational institution may release directory information after giving public notice of the designated categories and allowing a reasonable time for a parent or eligible student to object. Local secondary schools must provide student directory information to official recruiting representatives of the Armed Forces, the Kentucky Air National Guard, the Kentucky Army National Guard and the service academies by September 30 of each year. Section 160.720 was created by chapter 98 of the 1994 Kentucky Acts, effective .
When LexLint raises it
When your app profile says your app serves K-12 schools.
Back to the example · Lint your app
Page updated .