What is personally identifiable information?
Personally identifiable information can include:
• Public School Name/SAIS ID
• First, Middle and Last Name
• Title I
• Course Name
• Course entry and exit dates
Is it legal to distribute a student’s personally identifiable information?
Arizona law provides for the protection of a student’s personally identifiable information in accordance with FERPA.
15-1045. Education database; pupil privacy
A. Any collection, maintenance or disclosure of pupil educational records compiled by the department of education in an education database of pupil records shall comply with the family educational rights and privacy act (20 United States Code section 1232g).
B. The department of education shall maintain the database in the following manner:
1. The use of the information is limited to comply with statutory obligations.
2. Personally identifiable information is confidential and is not public record.
3. Proper security measures are employed to ensure the confidentiality and integrity of the education database.
4. Data is secured from breaches and identity theft through implementation of protections and standards.
C. The pupil identifier in the education database is unique, not identifiable by anyone other than officials maintaining the education database and shall not be the pupil’s social security number or any variation of the pupil’s social security number.
What rights do parents have in Arizona?
The Arizona Legislature passed the Parents’ Bill of Rights in 2010. It reads:
1-602. Parents’ Bill of Rights; definition
A. All parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution, including, but not limited to, the following rights:
1. The right to direct the education of the minor child.
2. All rights of parents identified in title 15, including the right to access and review all records relating to the minor child.
3. The right to direct the upbringing of the minor child.
4. The right to direct the moral or religious training of the minor child.
5. The right to make health care decisions for the minor child, including rights pursuant to sections 15-873, 36-2271 and 36-2272, unless otherwise prohibited by law.
6. The right to access and review all medical records of the minor child unless otherwise prohibited by law or the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released.
7. The right to consent in writing before a biometric scan of the minor child is made pursuant to section 15-109.
8. The right to consent in writing before any record of the minor child’s blood or deoxyribonucleic acid is created, stored or shared, except as required by section 36-694, or before any genetic testing is conducted on the minor child pursuant to section 12-2803 unless authorized pursuant to section 13-610 or a court order.
9. The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceeding, by law enforcement officers during or as part of a law enforcement investigation, during or as part of a forensic interview in a criminal or child protective services investigation or to be used solely for any of the following:
(a) Safety demonstrations, including the maintenance of order and discipline in the common areas of a school or on pupil transportation vehicles.
(b) A purpose related to a legitimate academic or extracurricular activity.
(c) A purpose related to regular classroom instruction.
(d) Security or surveillance of buildings or grounds.
(e) A photo identification card.
10. The right to be notified promptly if an employee of this state, any political subdivision of this state, any other governmental entity or any other institution suspects that a criminal offense has been committed against the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of the parent would impede a law enforcement or child protective services investigation. This paragraph does not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that is routinely addressed as a student disciplinary matter by the school.
11. The right to obtain information about a child protective services investigation involving the parent pursuant to section 8-807.
B. This section does not authorize or allow a parent to engage in conduct that is unlawful or to abuse or neglect a child in violation of the laws of this state. This section does not prohibit courts, law enforcement officers or employees of a government agency responsible for child welfare from acting in their official capacity within the scope of their authority. This section does not prohibit a court from issuing an order that is otherwise permitted by law.
C. Any attempt to encourage or coerce a minor child to withhold information from the child’s parent shall be grounds for discipline of an employee of this state, any political subdivision of this state or any other governmental entity, except for law enforcement personnel.
D. Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. This chapter does not prescribe all rights of parents. Unless otherwise required by law, the rights of parents of minor children shall not be limited or denied.
E. For the purposes of this section, “parent” means the natural or adoptive parent or legal guardian of a minor child.