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PJ55 Yearbooks and Student Annuals: Confidentiality Issues

Nondiscrimination and Segregation

 

Segregation and/or discriminatory depiction of students who are in special education shall be prohibited in yearbooks. Schools that choose to publish yearbooks shall not segregate or in any way differently depict students who qualify for receipt of special education on the basis of disability. Special education students shall not be segregated by placement in different sections of the yearbook than non-disabled peers; labeled in any manner different than their non-disabled peers, or have smaller or different style photos.  Consistent formats, whether alphabetical, by class, use of color portraits, size and placement, or any other variation, shall be followed for every class, and for every student.  Particular attention shall be given to captions, spontaneous or club pictures, and language to ensure they do not violate issues of confidentiality.  Compliance with this non-discrimination statement is mandatory and is the responsibility of each principal.

Elementary Recommendations

The district suggested format for elementary schools includes:

  • A structure that is consistent so as to eliminate issues of confidentiality
  • Preferred method of placement in yearbook shall be alpha by teacher and grade, then alpha by class, but no mention of program or disability.
  • If a school does not choose the preferred method for individual portrayal, then placement shall be alpha by students, by grade, with inclusion of special education students in appropriate grade but no program/disability mention
  • If students are to be displayed by class groupings, placement shall be by alpha, by teacher, by grade with no mention of special education program.
  • Students who are in special programs shall not be labeled as being in such programs
  • Inclusion students in regular classes shall be placed with those classes
  • Multiage classes and students shall be placed with like grade, by alpha

 

Secondary Recommendations

The district suggested format for elementary schools includes:

  • Student photos shall be alphabetical, by grade, with no discrimination or special placement of students with special needs or in special programs
  • Student photos shall be alphabetical, by grade, with no discrimination or special placement of students with special needs or in special programs
  • Consistency of format shall be used for all students in placement of photo in the yearbook, size of photos, and use of color
  • Review of yearbook by principal to ensure issues of confidentiality are maintained, with emphasis on sensitivity to language, captions and/or spontaneous photos and their placement in the yearbook.
    • Consistency of format shall be used for all students in placement of photo in the yearbook, size of photos, and use of color
    • Review of yearbook by principal to ensure issues of confidentiality are maintained, with emphasis on sensitivity to language, captions and/or spontaneous photos and their placement in the yearbook.

Clubs/Activity Group Photos

Any school-affiliated club that has been designated as such and has a school sponsor shall be allowed to be in the yearbook as long as consistency in format, as described above, is followed for all pictures. Clubs that are not school-affiliated shall not be allowed or included in the yearbook.

Release of Information to Photography and Yearbook Vendors

The district shall comply with federal and state statute and regulation regarding the release of student and staff information.  Photography and yearbook vendors shall request student and staff information from the custodian of public records.  District contracts with photography and yearbook vendors shall further specify provisions for the receipt and destruction of personally identifying information of students and staff.

Administrative Position: Associate Superintendent for High Schools/Associate Superintendent for Middle Schools/Associate Superintendents for Elementary Schools

Department Director: Custodian of Public Records

References:

Legal Cross Ref.:

  • Family Educational Rights and Privacy Act
  • §22-21-2 NMSA 1798
  • 6.10.6 NMAC

Board Policy Cross Ref.:

Procedural Directive Cross Ref.: Custodian of Public Records

NSBA/NEPN Classification: JICE

Approved: November 2000
Reviewed: September 24, 2010
Reviewed: October 15, 2010
Reviewed: November 8, 2010
Revised: November 12, 2010

This page was last updated on: December 9, 2009.