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Registrar

Office of the Registrar Texas A&M University Office of the Registrar
Published on 10/14/2022 02:36 PM

FERPA and Student Photographs
 
School officials who take and/or post photographs (and videos) of students should be aware of the FERPA implications when doing so. As with other ‘educational records’, a photograph and/or video of a student is an educational record when it is 1) directly related to a student and 2) maintained by an educational agency, institution, or by a party acting for the agency or institution.
 
For photographs and videos, the determination of directly related to a student is context dependent. The following are some factors to consider when making this determination:

  • The photograph or video otherwise contains personally identifiable information contained in a student’s education record;
  • The person taking the photograph or video intends to make a specific student the focus (e.g., ID photos or photos/videos of a student presentation);
  • The educational agency/institution uses the photo or video for official purposes involving the student (including but not limited to disciplinary action); OR
  • The photo or video contains a depiction of an activity:
    • That resulted in an educational institution’s use of the photo or video for official purposes (including but not limited to disciplinary action);
    • That shows a student in violation of local, state, or federal law;
    • That shows a student getting injured, attacked, victimized, ill, or having a health emergency.
To be considered an education record under FERPA, an educational agency or institution, or party acting on their behalf, must maintain the record.
 
Photos of students taken at events open to the public are generally not considered an education record.
 
Practical Implications
Recall that a student photograph and/or video is not directory information. If a school official takes a photograph or video of a student or group of students and includes protected information from their educational record (e.g., identifies them as students within a particular class as a group or identifies an individual by name, associated with a particular photograph or video), a signed release is needed from the student(s) before utilizing that photograph or video outside of that class environment.
 
If a photo or video of a student is to be utilized for media purposes (e.g., social media post, news article), a signed release is needed from the student(s) before utilization. The release should include what information (specifically) is allowable for release, to whom, for what purpose and should include the student name and signature. In lieu of a hard copy signed release, this information via a CAS authenticated email (the student TAMU email) is acceptable, as it verifies the student identity. Texas A&M University has provided a University Release Form for institutional use. Additional information related to photography and video is available on the Texas A&M University Brand Guide website.
 
For additional FERPA information, be sure to review the Office of the Registrar site for FERPA for Faculty, Staff, and Administrators.
 
If you have a topic that you are interested in being explored in a future Friday Fun with FERPA, please email ferpa@tamu.edu.  Alternatively, you can submit an anonymous form with topic ideas HERE.