Law / United States /
Ohio
Confidentiality of student records and directory information
In force.
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Consent
What it requires
- This binds any person, in the statute's words, and so reaches a vendor that holds or can reach the records of students attending a public school (section 3319.321(A), (B) and (F)).
- Do not release, or permit access to, the directory information concerning students attending a public school to any person or group for use in a profit-making plan or activity (section 3319.321(A)).
- Do not release, or permit access to, personally identifiable information other than directory information concerning a public school student without the written consent of the parent, guardian or custodian of a student under eighteen, or of a student eighteen or older, unless division (C), (E), (G) or (H) of the section permits it (section 3319.321(B)).
- When you receive information covered by section 3319.321 that has been released, other than directory information or information released under division (E), (G) or (H), take it on the condition that you will not permit any other party to have access to it without the written consent of the parent, guardian or custodian, or of a student eighteen or older (section 3319.321(B)(3)).
- Except as section 3319.321 provides, do not release or make available public school records for any other purpose (section 3319.321(C)).
- Do not release, or permit access to, information about the location of the school to which a student has transferred when the school that requested the student's records informs the sending school that the student is under the care of a shelter for victims of domestic violence (section 3319.321(F)).
These lines are LexLint's reading of the law's text.
What this law does
Section 3319.321 of the Revised Code bars any person from releasing, or permitting access to, the directory information concerning students attending a public school to any person or group for use in a profit-making plan or activity.
It also bars any person from releasing, or permitting access to, personally identifiable information other than directory information concerning a public school student, for purposes other than those division (C), (E), (G) or (H) identifies, without the written consent of the parent, guardian or custodian of a student under eighteen, or of a student eighteen or older.
Directory information includes a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, date of graduation, and awards received.
Except for directory information and the cases division (E), (G) or (H) covers, information covered by the section that is released may be transferred to a third or subsequent party only on the condition that the party will not permit any other party to have access to it without that written consent.
Division (C) leaves the administrative use of school records by an employee of a board of education, of the state or of a political subdivision, a court or the federal government outside the section, and leaves a transfer of a student's record to an educational institution for a legitimate educational purpose outside it. That administrative-use provision applies only when the use of the information is required by a state statute adopted before , or by federal law.
No person may release information about the location of the school to which a student has transferred when the school that requested the student's records informs the school the records came from that the student is under the care of a shelter for victims of domestic violence. Except as the section provides, public school records may not be released or made available for any other purpose. The section's current text took effect , under House Bill 9 of the 126th General Assembly.
When LexLint raises it
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