UFRSD used students' images in online video Former board member claims district did not have parental consent BY JENNIFER KOHLHEPP Staff Writer UPPER FREEHOLD - Some parents are upset because their children allegedly appeared without parental consent in a video the Upper Freehold Regional School District made and posted online. Kathryn Wolden, a former Upper Freehold Regional Board of Education member and mother of two students, said she discovered the film as a link on the school district's Web site a few days before the Board of Education election on April 17. The video contains interviews with school district staff and parents, predominantly speaking about the need for a new middle school due to overcrowding. The video also provides a history of the Ellisdale Road site previously chosen for the construction of a new school, and information regarding the referendum that went before voters in this year's election for moving the project to a site on Breza Road. "It struck me as a marketing piece," Wolden said, "but one could say a tool to provide information." The video not only appeared as a link on the school district's Web site but also on Google video, according to Wolden. The video has been removed from both sites, but Wolden said while it was posted online it was possible to download and to make copies of it. The Examiner viewed a copy of the film, which was approximately 18 minutes long. The film did incorporate shots of students inside classrooms and in the hallways of the Upper Freehold Elementary/Middle School. Wolden said, "As far as I could see the children were visible. There were rear shots and front shots." Wolden said she was surprised to see the video on the Internet given current regulations in the state of New Jersey. "You cannot lawfully post student information, including photos, without parental consent," she said. She continued, "It was quite shocking. I don't personally know if my child was visible but I could certainly recognize other fifth- and sixth-graders." New Jersey Statute 18A:36-35, which has been in effect since Jan. 2002, states that the board of education of each school district and the board of trustees of each charter school that establishes a Web site, shall not disclose on that site any personally identifiable information about a student without receiving prior written consent from the student's parent or guardian on a form developed by the Department of Education. The written consent form contains a statement concerning the potential dangers of personally identifiable information about individual students on the Internet. As used in this act, "personally identifiable information" means student names, student photos, student addresses, student e-mail addresses, student phone numbers, and locations and times of class trips. "If we don't have a policy we need to clarify one and conform it to state statute," she said. "We need to put it in place to prevent this from happening again without parental consent." When contacted about Wolden's concerns on April 26 and asked who made the video and if the videographer got parental consent to use the children's images, Upper Freehold Regional Board of Education President Joseph Stampe said, "I am checking on the matter of the video tape with Dr. [Robert] Smith and will get back to you as soon as I have an answer. I would hope that Ms. Wolden directed her concerns to Dr. Smith before contacting the Examiner." Stampe was identified and featured in the video. He not only gave an on-camera interview in the video, but also provided some of the voice-over used during certain segments. Stampe did not respond prior to press time on May 1, after an attempt to contact him was made April 30. Interim Superintendent of Schools Robert Smith did not respond to questions regarding the video prior to press time.