5125.2R

Adoption Date: 12/12/1979
5125.2R Student Records - Confidentiality and Parental Access to Student Records

5125

DEFINITIONS
For the purposes of this Regulation, the School District has used the following definitions of terms:

Student - any person who attends or has attended the School District.
Eligible Student - a student or former student who has reached age 18 or is attending a post-secondary school.
Parent - either natural parent of a student, a guardian or an individual designated to act as a parent or guardian in the absence of the student’s parent or guardian.
Education Records - any record (in handwriting, print, tapes, film or other medium) maintained by the School District or an agent of the School District which is directly related to a student, except:

  1. A personal record kept by a school staff member if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker’s temporary substitute.
  2. An employment record which is used only in relation to a student’s employment by the School District and which is maintained in the normal course of business.3. Alumni records which contain information about a student after he or she is no longer in attendance at the School District and the records do not relate to the person as a student.

In addition, an eligible student may be refused access to psychiatric or treatment records; however, an eligible student may designate a physician or other appropriate professional who the school must permit to inspect the records.

FERPA - Family Educational Rights and Privacy Act of 1974, as amended.

ANNUAL NOTIFICATION
Parents and eligible students in attendance at the School District will be notified of their FERPA rights and the District’s policy and procedures governing access to records, annually, by publication in their child’s student handbook. In addition, the School District shall send home a bulletin listing these rights, which will be included with a packet of material provided parents or an eligible student when the student enrolls during the school year. This notice shall include:

  1. The right of the student’s parent or eligible student to inspect and review the student’s education records within 45 days from the date of the District’s receipt of the request;
  2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading;
  3. The right to receive notice of any decision by the School District not to amend a student’s education records, as requested by the parent or eligible student, and the right to a hearing regarding the School District’s denial of a request for an amendment;
  4. The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent (e.g., directory information, upon request to another school district in which a student seeks or intends to enroll);
  5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA;
  6. The right to obtain a copy of this policy and the locations where they may be obtained.

This notice shall be provided to non-English speaking parents in their native language.

PROCEDURE TO INSPECT EDUCATION RECORDS
Parents of students or eligible students may inspect and review the student’s education records upon request. Such request shall be in writing, to the Superintendent of Schools or designee, identifying as precisely as possible, the record or records which s/he wishes to inspect. The student’s records will be made available for review promptly, and in any event within 45 days of such written request. The parent or eligible student will be notified of the time and place where the records may be inspected. The School District may require that an official be present during such inspection. No documents may be removed from school premises.

When a record contains information about students other than a parent’s child or the eligible student, the parent or eligible student may not inspect and review the portion of the record which pertains to other students.

REFUSAL TO PROVIDE COPIES
The School District will not provide a parent or eligible student with a copy of the student’s education record unless failure to do so would effectively prevent the parent or eligible student the right to inspect and review the records.

If the record involves answers to a standardized test, the School District will not provide a parent or eligible student a copy of standardized test questions.

Copies of student education records shall be provided, upon a parent’s request, when:

  1. Records are transferred to another school;
  2. Information is released to a third party designated by the parent or eligible student;
  3. Failure to do so would effectively deny the right of inspection.

A parent or eligible student may permit any third person to inspect the student’s educational records. Such consent must be in writing, signed and dated, and must specify:

  1. Which records are to be disclosed;
  2. The purpose or purposes of disclosure; and
  3. The individual(s) or group(s) to whom disclosure should be made.

Any third party to whom such records have been made available shall sign a written statement that s/he will not further release such records without the consent of the parent or eligible student.

FEES FOR COPIES OF RECORDS
The fee for copies will be 25 cents per page (or actual cost of reproduction), and postage, if any.

DISCLOSURE OF EDUCATION RECORDS
The School District shall disclose information from a student’s education records only with the written consent of the parent or eligible student, except:

  1. To school personnel (including administrators, teachers, support staff, board members and persons employed by or under contract with the School District to perform a special task, such as school attorney, auditor, medical consultant, therapist) within the School District who have a legitimate educational interest in the records. A legitimate educational interest shall include performing a task which is specified in his or her job description or by contract, performing a task related to a student’s ‘education or the discipline of a student, or providing a service or benefit related to the student or student’s family, such as health care, counseling or job placement.
  2. To school officials of another school in which a student seeks or ‘intends to enroll, upon request of such school official.
  3. To certain o of the U.S. Department of Education, the U.S. Comptroller General, and the State and local educational authorities, in connection with certain state or federally supported education programs.
  4. In connection with a student’s request for or receipt of financial aid, as necessary, to determine the eligibility, amount or conditions of the financial aid, or to enforce and terms and conditions of aid.
  5. f required by a State law requiring disclosure that was adopted prior to November 19, 1974.
  6. To organizations conducting certain studies for or on behalf of the School District for the purpose of developing, validating or administering predictive tests student aid programs and instruction.
  7. To accrediting organizations to carry out their accrediting functions.
  8. To parents of a dependent student who claim the student as a dependent for income tax purposes.
  9. To comply with a judicial order or a lawfully issued subpoena, provided that a reasonable effort is made to notify the parent or eligible student prior to compliance.
  10. To appropriate parties in a health or safety emergency.

RECORD OF REQUESTS FOR DISCLOSURE
The School District shall maintain a record of all requests for and/or disclosure of information from a student’s education records, excluding requests of school officials and requests for directory information. The record will indicate the name of the party making the request, any additional parties to whom it may be disclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the parent or eligible student.

CORRECTION OF EDUCATION RECORDS
A parent or eligible student has the right to challenge the contents of the student’s education records and to ask to have the records corrected:

  1. The parent or eligible student shall submit a request to the Superintendent of Schools, in writing, to amend the record. The record or part of record sought to be amended shall be identified and the reason why s/he believes the record is inaccurate, misleading or violates the privacy or other rights of the student, shall be specified.
  2. The School District may comply with the request or decided not to comply. The Superintendent shall provide a written response within ten (10) working days of receipt of the written challenge, indicating whether or not the challenged material will be corrected or deleted. If the request is denied, the Superintendent shall advise the parent or eligible student of their right to a hearing to challenge the decision.
  3. Upon request, the School District will, arrange for a hearing before an impartial hearing officer and noti1 the parent or eligible student, reasonably in advance, of the date, place and time of the hearing. The hearing officer may be an official of the School District.
  4. The parent or eligible student will be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The parent or eligible student may be assisted by one or more individuals, including an attorney.
  5. The hearing officer will prepare a written decision based solely on the evidence presented at the hearing, summarizing the evidence presented and stating the reasons for the decision.
  6. If the hearing officer decides that the challenged information is inaccurate, misleading or in violation of the student’s right of privacy, the School District will amend the record and notify the parent or eligible student, in writing, that the record has been amended.
  7. If the hearing officer decides that the challenged information is not inaccurate, misleading or in violation of the student’s right of privacy, the School District will notify the parent or eligible student of his/her right to place a statement in the student’s education record explaining the challenged information and/or setting forth reasons for disagreeing with the decision. This statement shall be maintained as part of the student’s education records as long as the contested portion is maintained. If the School District discloses the contested portion of the records, it will also disclose the statement.

COMPLAINT PROCEDURE
A person may file a complaint with the U.S. Department of Education if s/he feels that the School District has violated FERPA, by sending a written complaint to:

Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, S.W.
Washington, D.C. 20202-4605

TYPES, LOCATIONS AND CUSTODIANS OF EDUCATION RECORDS

The following is a list of the types of records that the School District maintains, their locations and their custodians:

[NOTE: THESE ARE ILLUSTRATIVE ONLY AND WOULD BE FILLED N BY YOU.].

TYPE                                        LOCATION                                       CONTACT PERSON
Cumulative School                   School Building Office                       Building Principal
Record

Cumulative School                   Office of Director of                             Director of Pupil
Records (Former                      Pupil Personnel Services                    Personnel Services
Students)

Health Reports                         School Nurse’s Office                          School Nurse

Speech Therapy                       Special Education Office                     Director of Pupil
Records                                                                                                Personnel Services

Psychological                            Special Education Office                     Director of Pupil
Records                                                                                                 Personnel Services

Transportation                          School Bus Garage                              Director of
Records                                                                                                 Transportation

Occupational and                     Special Education Office                      Director of Pupil
Physical Therapy                                                                                   Personnel Services
Records

District                                     School Building Office                           Building Principal
Standardized Testing

Educational                             Special Education Office                       Director of Pupil
Evaluations                                                                                           Personnel Services

Guidance Files                        Building Guidance Office                      Building Principal or
Counselor

Occasional Records                School Building Office                          Building Principal
(student educational
records not identified above)

DIRECTORY INFORMATION
The School District designates the following items as Directory Information:  student’s name, major field of study, participation in recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received.  The School District may disclose any of these items without prior written consent, unless notified to the contrary, in writing, by the parent or eligible student by end of the first 30 days of the school year.

The School District’s policy regarding release of Directory Information shall apply equally to military recruiters, the media, colleges and universities, and prospective employers.


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