One more thing - I would suggest you may want to consider sending a form to the parents with "do not disclose" requests on file asking that if they want their child's picture included to indicate so on the form, sign it, and return it.

This is what we do for the school directory. Some parents choose to participate, and then we have permission on file to protect the school in case any problem arises later.

In our elementary, the school handles the yearbook, not the PTO. Frankly, I don't know that the school even bothers with this step - probably assuming if the parent has an objection, they'll let it be known. But it would definitely be safer to have permission on file if someone also has a do-not-disclose request on file.

Here's an example of provided by FERPA of the type of notice school districts should supply to parents. Your district should have sent something like this to every family. In our school district, it's a page of the student handbook that must be signed and returned at the beginning of school.

*************************************

Model Notice for Directory Information

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that [School District], with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, [School District] may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the [School District] to include this type of information from your child's education records in certain school publications. Examples include:

playbill, showing your student's role in a drama production;
The annual yearbook;
Honor roll or other recognition lists;
Graduation programs; and
Sports activity sheets, such as for wrestling, showing weight and height of team members

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent's prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories - names, addresses and telephone listings - unless parents have advised the LEA that they do not want their student's information disclosed without their prior written consent.(1)

If you do not want [School District] to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing by [insert date]. [School District] has designated the following information as directory information: [Note: an LEA may, but does not have to, include all the information listed below.]

Student's name
Participation in officially recognized activities and sports
Address
Telephone listing
Weight and height of members of athletic teams
Electronic mail address
Photograph
Degrees, honors, and awards received
Date and place of birth
Major field of study
Dates of attendance
Grade level
The most recent educational agency or institution attended

Footnotes: 1.These laws are: Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110), the education bill, and 10 U.S.C. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation's armed forces.

You are probably just fine. What you need to check on is any students who have "do not disclose" requests on file with the school. For THEM, you'd want to make certain including their picture is okay.

I'm not a lawyer, but I have done a bit of research in this area. The Family Educational Rights and Privacy Act (FERPA)is a federal law says that schools cannot release student information without parents/students' permission except DIRECTORY INFORMATION.

Basically, schools should advise parents of this (often in the student handbook). And if parents want any "directory information" withheld, they need to advise the school in writing.

Generally, I think states adopt this pretty much as is, but you might need to check your school districts' policy.

Directory information (stuff they can disclose unless a parent objects in writing) includes:

Student's name
Participation in officially recognized activities and sports
Address
Telephone listing
Weight and height of members of athletic teams
Electronic mail address
Photograph
Degrees, honors, and awards received
Date and place of birth
Major field of study
Dates of attendance
Grade level
The most recent educational agency or institution attended

I'll list a model notice below.

Maybe we need Tim to add an area for "topics that come up every year." As I recall the consensus of last years discussion, the general belief was that since the yearbook is only distributed to the school community there is no need for a release to print any photos. Your mileage may vary.

I design and publish our school yearbook (and then we take it to a local printer to be printed). Our school doesn't have media release forms. I guess if a parent had a problem with their child's picture in the yearbook they would need to speak to the principal about having it left out. We have never had this happen. Last year someone who came to our PTO meeting suggested it might be a good idea to send something home to parents and having it optional to return the form to school opting out of having their child's picture in the yearbook.

Here is good one for you all--

I have been asked to chair the construction and printing of our school yearbook.

I posed the following question to the principal and she asked me to check with other PTO/PTA's as to how they handle the situation:

"For children who do not have photo releases for things like video or media, do we have authorization to post their photos and names in the school yearbook publication?"

do you have a special photo release for this purpose? How do you handle such things?

Thanks in advance!
Michele