5500 Student Policies – Student Records

5500
STUDENT POLICIES
STUDENT RECORDS

The Superintendent of Schools shall be responsible for ensuring that all requirements under federal statutes and Commissioner’s Regulations for maintaining the confidentiality of student records shall be carried out by the district.

Annual Notification

At the beginning of each school year, the district shall publish in a local paper or the district newsletter, and make available on the district website, a notice to parent(s) or guardian(s) and eligible students of their rights under the Family Educational Rights and Privacy Act (FERPA) and this policy.
The notice shall include the following:

  1. the right of the student’s parent(s) or guardian(s) and eligible students to inspect and review the student’s education records and the procedure to request a review of educational records;
  2. the intent of the school district to limit the disclosure of information contained in a student’s education records except:
    a. by prior written consent of the student’s parent(s) or guardian(s) or the
    eligible student; or
    b. under certain limited circumstances, as permitted by FERPA.
  3.  parent(s) or guardian(s) of a student under eighteen (18) years of age or a student eighteen (18) years of age or older shall have an opportunity to challenge the content of their child’s (their own) school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for
    the correction, amendment, or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein;
  4. the right of any person to file a complaint with the U. S. Department of Health and Human Services and the U.S. Department of Education if the district violates FERPA; and
  5. the procedure that a student’s parent(s) or guardian(s) or an eligible student should follow to obtain copies of this policy and the locations where copies may be obtained.

The district shall arrange to provide translations of this notice to non-English
speaking parents in their native language.

Ref: 20 U.S.C. §232q
34 C.F.R. §99.7

Presentation: 4/15/15
First Vote: 5/6/15
Second Vote: 5/20/15

5500-R
STUDENT POLICIES
STUDENT RECORDS

  1. Parents of a student under eighteen (18) years of age (“parent”) and students eighteen (18) years of age or older (“eligible students”) have a right to inspect and review any and all education records, files, and data directly related to their children (themselves). This includes all materials that are incorporated into each student’s cumulative record folder, and intended for
    school use or to be available to parties outside the school or school system. Materials include, but are not limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background
    information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns.
  2. Parents/Eligible students shall have an opportunity for a hearing to challenge the content of their child’s (their own) school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained herein, and to insert into such records a written
    explanation of the parents (student) respecting the contents of such records.
  3. In order to implement the rights provided for in items 1 and 2 hereof, the following procedures are adopted:
    a) Parents/Eligible students shall make a request for access to a child’s (their
    own) school records, in writing, to the Principal of the building to which such student is assigned. The request shall specify the records sought for review, the reason for the review, and shall be signed and dated. Upon receipt of such request, arrangements shall be made to provide access to such records within a reasonable period of time, but in no case, no more than forty-five (45) days after the request has been received.
    b) Parents/Eligible students who wish to challenge the contents of their child’s school records, shall submit a request, in writing, identifying the record or records which they believe to be inaccurate, misleading, or otherwise in
    violation of the privacy or other rights of the student together with a
    statement with the reasons for their challenge to the record to the Principal
    of the building to which the student is assigned.
    c) Upon receipt of a written challenge, the Principal shall provide a written
    response indicating either that he finds the challenged record inaccurate,
    misleading, or otherwise in violation and it will be corrected or deleted, or
    that he finds no basis for correcting or deleting the record in question, but
    that the parent or student will be given an opportunity for a hearing. Such
    written response by the Principal shall be provided the parent or student
    within fourteen (14) days after receipt of the written challenge. Said
    response shall also outline the procedures to be followed with respect to a
    hearing, if desired by the parent or student.
    d) Within fourteen (14) days of receipt of the response from the Principal, a
    parent/eligible student may request, in writing, that a hearing be held to review the determination of the Principal.
  4. Student records, and any material contained therein which is personally
    identifiable, are confidential and may not be released or made available to persons other than parents or students without the written consent of parents of students eighteen years of age or younger. Such records and material may be made available without the written consent of
    parents or students as follows:
    1) to other school officials, including teachers within the district who have
    legitimate educational interests;
    2) to officials of another school in which the student intends to enroll, if the
    parents or student are notified of the transfer of records, are given a copy if they desire one, and have an opportunity for a hearing to challenge the content of the records;
    3) to authorized representatives of certain designated federal and state
    agencies, including state educational authorities, for the purpose of the
    audit and in connection with the enforcement of federal legal requirements;
    4) in connection with a student’s application for or receipt of financial aid; and
    5) pursuant to court order or subpoena, after notification to the parent or
    student.
  5. Whenever a student record or any material contained therein is to be made
    available to third persons, other than those covered by the exceptions indicated in item 4 hereof, parental/eligible student must file a written consent to such action and any third party to whom such records have been made available must sign a written statement that he will not further
    release such records without the consent of the parent or student.
  6. All persons requesting access to such records except for those persons provided for in subdivision 1 of item 4 hereof, state agencies provided for in subdivision 3 of item 4 hereof and those persons provided for in subdivision 5 of item 4 hereof shall be required to sign a written form which indicates a legitimate educational or other interest that such person has in inspecting
    the records. Such form shall be kept with the student’s file.
  7. All instructional material, including teachers manuals, which are used in connection with a research or experimental program, must be available for inspection by the parents or guardians of the children engaged in such program. “Research or experimentation program or project” is defined as a program or project “designed to explore or develop new or unproven
    teaching methods or techniques.”
  8. Parents of students under eighteen (18) years of age and students eighteen (18) years of age or older shall be advised of their rights pursuant to the “Family Educational Rights and Privacy Act of 1974.”

Ref: 20 U.S.C. §1232q
34 C.F.R. §99.20, 99.21, 99.30, 99.31

5500 – E
NOTICE TO PARENTS

Please be advised of your rights with respect to the school records relating to your child pursuant to the Federal “Family Educational Rights and Privacy Act of 1974.”

Parents of a student under eighteen (18), or a student eighteen (18) or older, have a right to inspect and review any and all official records, files, and data directly related to their children, including all material that is incorporated into each student’s cumulative record, and intended for school use or to be available to parties outside the school or school system.

A parent of a student under eighteen (18) years of age or a student eighteen (18) years of age or older shall make a request for access to a child’s (their own) school records, in writing, to the Principal of the building to which such student is assigned. The request shall state the records to be reviewed, the reason for review, and shall be signed and dated. Upon receipt of such request, arrangements shall be made to provide access to such records within a reasonable period of time, but in no case, no more than forty-five (45) days after the request has been received.

Such parents and students are entitled to an opportunity for a hearing to challenge the content of such records, to insure that they are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction, amendment, or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein. Any questions concerning the procedure to be followed in requesting such a hearing should be directed to the Assistant Superintendent
for Curriculum and Instruction.

Student records, and any material contained therein which is personally identifiable, are confidential and may not be released or made available to persons other than parents or students without the written consent of such parents or student. There are a number of exceptions to this rule, such as other school employees and officials, and certain State and Federal officials who have a legitimate educational need for access to such records in the course of their employment.

The Board of Education has adopted a written policy covering the maintenance and confidentiality of student records. Copies of this policy may be obtained from the Office of the Assistant Superintendent for Curriculum and Instruction and on the district’s website.

Any person who believes that the school district has violated the requirements of (FERPA) has the right to file a complaint with the United States Department of Health and Human Services and the United
states Department of Education.

5500-E(1)
APPLICATION TO REVIEW STUDENT’S RECORDS AND
CONSENT THERETO BY PARENT OR STUDENT

APPLICATION
I, have hereby requested access to records for the following reasons:
.
Said records will not be made available to any other person or persons without the specific written consent of (Parent-Student)

DATED:
_______________________

CONSENT
I hereby consent that__________________________________have access to my  child’s (to my) records with the understanding that such records will not be released by him to other persons without my further consent.

DATED:
_______________________

5500 – E(2)
NOTIFICATION OF RELEASE OF STUDENT RECORDS
PURSUANT TO COURT ORDER TO SUBPOENA

TO:
Parent-Student
________________________________________
Address
________________________________________
________________________________________
The purpose of this notice is to notify you that on___________________ (date),
the__________________________________________(School District) released the following documents:
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
from your child’s (your own) student records to
__________________________________________________________
pursuant to a court order to subpoena, a copy of which is attached hereto.

DATED:
_____________________

5500-E(3)
APPLICATION TO REVIEW STUDENT RECORDS BY PARTIES ENTITLED THERETO WITHOUT CONSENT OF PARENT OR STUDENT

I have hereby requested access to__________________________________
___________________________________ records for the following reasons:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Said records will not be made available to any other person or persons without the specific written consent of____________________________________(Parent-Student)
DATED:______________________