Law / United States / 
South Dakota
Board of Regents student records policies: confidentiality of student records and public access to directory information
South Dakota Board of Regents Policies 3.3.1 and 3.3.2
In force.
A sensitive categories rule binding government bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Consent, Security
What it requires
- If you are a Board of Regents institution (a public university or one of the two special schools), physically secure student education records in storage and transmission, and put security standards and data protection requirements in every contract that outsources an institutional function to a third party that uses or provides access to student education records or the personally identifiable information in them (BOR Policy 3.3.1, parts C(5.1) and C(5.3)).
- Keep two classes of student directory information, and release additional nonpublic directory information to the public at large only with the specific written permission of each individual student, or of the parent for a child under age 18 enrolled in a special school (BOR Policy 3.3.2, part 1.B).
- Obtain written permission from the student, or from the parent for a child under age 18 enrolled in a special school, before making public the student's participation in athletics, involvement in extracurricular activities, receipt of awards or honors, or graduation (BOR Policy 3.3.2, part 1.C).
These lines are LexLint's reading of the law's text.
What this law does
Section 13-53-4 of the South Dakota Codified Laws gives the Board of Regents power to enact and enforce all rules and regulations deemed necessary for the management of the institutions under its control and for the government of students and employees in them. Section 13-49-13 provides that, unless a statute expressly provides otherwise, the Board of Regents shall govern and regulate each institution under its control.
Board of Regents Policy 3.3.1 defines the Regental System as the six public universities and the two special schools. Policy 3.3.1 states that the Regental System and its institutions observe the rights, privileges, and protections of the Family Educational Rights and Privacy Act relative to individually identifiable student education records.
Policy 3.3.1 requires student education records to be physically secured by the Regents System, its institutions, employees, and agents while in storage or transmission. Policy 3.3.1 requires security standards and data protection requirements in all contracts that outsource Regents System or institutional functions to a third party that uses or provides access to student education records or the personally identifiable information in them.
Policy 3.3.2 requires each institution to establish two classes of student directory information. Under Policy 3.3.2, nonpublic directory information may not be distributed to the public at large without the specific written permission of each individual student, or of the parent in the case of children under age 18 enrolled in the special schools.
Policy 3.3.2 requires institutions to obtain written permission from students, or from parents in the case of children under age 18 enrolled in the special schools, before making public information about student participation in athletics, involvement in extracurricular activities, receipt of awards or honors, or being graduated.
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