Code No. 506.1E8 Annual Notice Regarding Student Records

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. They are:

The right to inspect and review the student's education records within 45 days of the day the district receives a request for access. Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading or in violation of the student's privacy rights.
1. Parents or eligible students may ask the school district to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
2. If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
1. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, AEA employees, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee or student assistance team or assisting another school official in performing his or her tasks.
2. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
3. Upon request, the district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
The right to inform the school district that the parent does not want directory information to be released. Directory information can be released without prior parent consent. Any student over the age of eighteen or parent not wanting this information released to the public must make objection in writing by September 1 to the principal. The objection needs to be renewed annually.
1. “Directory information” includes: name, address, telephone number, date and place of birth, e-mail address, grade level, enrollment status, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, student ID number that is displayed on a student identification card (provided it cannot be solely used to access the student’s educational records), user ID or other unique personal identifier that is displayed on a student identification card (provided it cannot be solely used to access the student’s educational records), photograph and other likeness, and other similar information.
2. Even though student addresses and telephone numbers are not considered directory information in every instance, military recruiters and post-secondary educational institutions may legally access this information without prior parental consent. Parents not wanting military recruiters or post-secondary institutions to access the information must ask the school district to withhold the information. Also, school districts that provide post-secondary institutions and potential employers access to students must provide the same right of access to military recruiters.
The right to file a complaint with the United States Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office, United States Department of Education, 400 Maryland Ave., SW, Washington, DC 20202-4605.

The school district may share any information with the parties contained in a student's permanent record which is directly related to the juvenile justice system's ability to effectively serve the student. Prior to adjudication, information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order. Information contained in a student's permanent record may be disclosed by the school district to the parties after adjudication only with parental consent or a court order. Information shared pursuant to the agreement shall be used solely for determining the programs and services appropriate to the needs of the student or student's family or coordinating the delivery of programs and services to the student or student's family. Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian or legal or actual custodian. Information obtained from others shall not be used for the basis of disciplinary action of the student. This agreement only governs a school district's ability to share information and the purposes for which that information can be used.

The purpose for the sharing of information prior to a student's adjudication is to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

The party requesting the information will contact the principal of the building in which the student is currently enrolled or was enrolled. The principal will forward the records within 10 business days of the request.

Confidential information shared between the parties and the school district shall remain confidential and shall not be shared with any other person, unless otherwise provided by law. Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian or legal or actual custodian nor can it be used as the basis for disciplinary action of the student.

Revised/Reviewed: February 25, 2019

Code No. 506.1R1 Use of Student Records Regulation

Student records are all official records, files, and data directly related to students, including all material 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 specifically including, but not necessarily limited to: dates of attendance; academic work completed; level of achievement (grades, standardized 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.

The intent of this regulation is to establish procedures for granting requests from parents for access to their child’s records, use of the data, and procedures for its transmittal within forty-five calendar days.

Access to Records
1. The parent or legal guardian of a student will have access to these records upon written request to the board secretary. The parent or legal guardian will have the opportunity to receive an interpretation of the records, have the right to question the data, and, if a difference of opinion is noted, shall be permitted to file a letter in the cumulative folder stating the dissenting person’s position. If further challenge is made to the record, the normal appeal procedures established by school policy will be followed.
2. A student, eighteen years or older, has the right to determine who, outside the school system, has access to the records. Parents of students who are eighteen years or older but still dependents for income tax purposes may access the student’s records without prior permission of the student.
3. School officials having access to student records are defined as having a legitimate educational interest. A school official is a person employed by the school district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the school district has contracted to perform a special task (such as an attorney, auditor, AEA employee, medical consultant or therapist); or a parent or student serving on an official committee, such as disciplinary or grievance committee or student assistance team or assisting another school official in performing his or her tasks.
Release of Information to External Parties
1. To release student records to other school(s) in which the student intends to enroll, the parents, legal guardian or eligible student must be notified of the transfer and the kinds of information being released unless the school district annually notifies parents that the records will be sent automatically.
2. Student records may be released to official education and other government agencies only if allowed by state or federal law.
3. To release student records to other persons or agencies, written consent shall be given by the parent, legal guardian or a student of majority age. This consent form will state which records shall be released, to whom they shall be released, and the reason for the release. A copy of the specific records being released will be made available to the person signing the release form if requested.
4. Before furnishing student records in compliance with judicial orders or pursuant to any lawfully issued subpoena, the school district will make a reasonable attempt to notify the parents, legal guardian or eligible student in advance.
5. Student records may be shared with juvenile justice agencies with which the school district has an interagency agreement. This information is shared without prior parental consent. The agreement is a public document available for inspection.
Hearing Procedures
1. Upon parental request, the school district will hold a hearing regarding the content of a student's records which the parent believes to be inaccurate, misleading or in violation of the privacy rights of students.
2. The hearing will be held within a reasonable time after receipt of the parent or eligible student's request. The parent or eligible student will receive reasonable advance notice of date, time, and place of the hearing.
3. The hearing officer may be an employee of the school district so long as the employee does not have a direct interest in the outcome of the hearing.
4. The parents or eligible student will be given a full and fair opportunity to present evidence relevant to the issues. The parent or eligible student may be represented by an individual at their choice at their own expense.
5. The hearing officer will render a written decision within a reasonable period after the hearing. The decision will be based upon evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.
6. The parents may appeal the hearing officer's decision to the superintendent within five calendar days if the superintendent does not have a direct interest in the outcome of the hearing.
7. The parents may appeal the superintendent's decision, or the hearing officer's decision if the superintendent was unable to hear the appeal, to the board within five calendar days. It is within the discretion of the board to hear the appeal.

Approved: November 17, 1997

Revised/Reviewed: February 25, 2019