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          24:05:29:02.  Definitions. Terms used in this chapter mean:

 

          (1)  "Act," "FERPA," the Family Educational Rights and Privacy Act of 1974, as amended to July 1, 2013, enacted as section 444 of the General Education Provisions Act, as amended to July 1, 2013;

 

          (2)  "Attendance," includes:

 

               (a)  Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and

 

               (b)  The period during which a person is working under a work-study program;

 

          (3)  "Biometric record," as used in the definition of personally identifiable information, a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting;

 

          (4)  "Destruction," physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable;

 

          (5)  "Directory information," information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed, such as the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, enrollment status (e.g. full time or part time) participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees, honors, and awards received, and the most recent previous educational agency or institution attended. Directory information does not include a student's social security number or student identification number, except as provided in this subdivision. Directory information includes a student identification number, user identification number, or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number, password, or other factor known or possessed only by the authorized user;

 

          (6)  "Disclosure," to permit access to or the release, transfer, or other communication of education records or the personally identifiable information contained in those records to any party, by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record;

 

          (7)  "Education records," records directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. The term does not include the following:

 

               (a)  Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

 

               (b)  Records of a law enforcement unit of an educational agency or institution, but only if education records maintained by the agency or institution are not disclosed to the unit and the law enforcement records are maintained separately from education records, maintained solely for law enforcement purposes, and disclosed only to law enforcement officials of the same jurisdiction;

 

               (c)  Records related to an individual who is employed by an educational agency or institution that are made and maintained in the normal course of business, are related exclusively to the individual in that individual's capacity as an employee, and are not available for use for any other purpose. Records relating to an individual in attendance at the agency or institution who is employed as a result of the individual's status as a student are educational records and not excepted under this subdivision;

 

               (d)  Records on a student who is 18 years of age or older or is attending an institution of postsecondary education that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional capacity or assisting in a paraprofessional capacity; made, maintained, or used only in connection with treatment of the student; and disclosed only to individuals providing the treatment. For the purpose of this section, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution;

 

               (e)  Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student; and

 

               (f)  Grades on peer-graded papers before they are collected and recorded by a teacher;

 

          (8)  "Eligible student," a student who has reached 18 years of age or is attending an institution of postsecondary education;

 

          (9)  "Institution of postsecondary education," an institution that provides education to students beyond the secondary school level;

 

          (10)  "Secondary school level," the educational level, not beyond grade twelve, at which secondary education is provided as determined under state law;

          (11)  "Participating agency," any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the IDEA;

 

          (12)  "Personally identifiable information," the term includes:

 

               (a)  The student's name;

               (b)  The name of the student's parent or other family members;

               (c)  The address of the student or student's family;

               (d)  A personal identifier, such as the student's social security number, student number, or biometric record;

               (e)  Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name;

               (f)  Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

               (g)  Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates;

 

          (13)  "Record," any information recorded in any way, including handwriting, print, video or audio tape, film, microfilm, microfiche, and computer media.

 

          Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007; 36 SDR 96, effective December 8, 2009; 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-37-1.1.

 


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