The Board recognizes the importance of maintaining education student records and preserving their confidentiality as provided by law.
Definitions:
For the purposes of this policy, the defined words have the following meaning:
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“Education Record” means those records that contain information directly related to a student and which are maintained by an education agency or institution or by a party acting for the agency or institution.
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“Eligible Student” means a student who has reached 18 years or attends a post-secondary institution. Parents of an eligible student are provided access to education records only with the written permission of the eligible student, unless the eligible student is defined as a dependent by the Internal Revenue Code. In that case, the parents may be provided access without the written permission of the student.
Education records containing personally identifiable information are kept confidential at collection, storage, disclosure, and destruction stages. The Board secretary, or their designee, is the custodian of student educational records and requests for records should be directed to the Board secretary or their designee. Student records may be maintained in the central administration office or administrative office of the student's attendance center.
Parents and eligible students will have access to the student's educational records during the regular business hours of the District.
A representative of the parents or eligible student, who has received written permission from the parents or eligible student, may inspect and review a special education student's educational records. Parents, other than parents of an eligible student, may be denied access to a student's educational records if the District has a court order stating such or when the District has been advised under the appropriate laws that the parents may not access the student records.
An education record may contain information on more than one student. Parents will have the right to access the information relating to their student or to be informed of the information. Eligible students will also have the right to access the information relating to themselves or be informed of the information.
Parents and eligible students will have a right to access the student's educational records upon request without unnecessary delay and in no instance more than forty-five (45) calendar days after the request is made. Parents, an eligible student or an authorized representative of the parents will have the right to access the student's records prior to an Individualized Education Program (IEP) meeting or hearing.
Copies of education records will be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the education records. Fees for copies of the records are waived if it would prevent the parents or student from accessing the records. A fee may not be charged to search or retrieve information from education records.
Upon the request of parents or an eligible student, the District will provide an explanation and interpretation of the education records and a list of the types and locations of education records collected, maintained or used by the District.
If the parents or an eligible student believes the information in the education records is inaccurate, misleading or violates the privacy or other rights of the student, the parents or an eligible student may request that the District amend the student records. The District will decide whether to amend the student records within a reasonable time after receipt of the request. If the District determines an amendment is made to the student record, the District will make the amendment and inform the parents or the eligible student of the decision in writing.
If the District determines that amendment of the student's record is not appropriate, it will inform the parents or the eligible student of their right to a hearing before the hearing officer provided by the District. If the parents' and the eligible student's request to amend the student record is further denied following the hearing, the parents or the eligible student are informed that they have a right to place an explanatory letter in the student record commenting on the District's decision and/or setting forth the reasoning for disagreeing with the District. Additions to the student's records will become a part of the student record and be maintained like other student records.
If the District discloses the education records, the explanation by the parents will also be disclosed. Education records may be disclosed in limited circumstances without parental or eligible student's written permission. When a disclosure is made without parental or eligible student’s written permission, it is disclosed on the condition that the student record will not be disclosed to a third party without the written permission of the parents or the eligible student. This disclosure may be made to the following individuals or under the following circumstances:
1. to school officials within the District and AEA personnel whom the Superintendent has determined to have a legitimate educational interest, including, but not limited to, Board members, employees, school attorney, auditor, health professionals, and individuals serving official school committees;
2. to officials of another school District in which the student wishes to enroll, provided the other school District notifies the parents the student records are being sent and the parents have an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to new school Districts;
3. to the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local educational authorities;
4. in connection with financial aid for which the student has applied or which the student has received if the information is necessary to receive the financial aid;
5. to organizations and/or their authorized representatives conducting audits, evaluations and/or studies to evaluate the effectiveness of education programs, provided the district has a written agreement with the organization conducting the audit, evaluation and/or study;
6. to accrediting organizations;
7. to parents of a dependent student as defined in the Internal Revenue Code;
8. to comply with a court order or judicially issued subpoena consistent with an interagency agreement between the District and juvenile justice agencies;
9. in connection with a health or safety emergency;
10. as directory information; or
11. in additional instances are provided by law.
The Superintendent will keep a list of the individuals and their positions who are authorized to view a special education student's records without the permission of the parents or the eligible student. Individuals not listed are not allowed access without parental or an eligible student's written permission. This list must be current and available for public inspection and updated as changes occur.
The Superintendent will also keep a list of individuals, agencies, and organizations which have requested or obtained access to a student's records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records. The Superintendent, however, does not need to keep a list of the parents, authorized educational employees, officers and agencies of the District who have accessed the student's educational records. This list for a student record may be accessed by the parents, the eligible student, and the custodian of student records.
Permanent education records, including a student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation. Permanent education records will be kept in a fire-safe vault or they may be maintained electronically with a secure backup file. When personally identifiable information, other than permanent student records, no longer needs to be maintained by the District to provide educational services to a special education student, the parents or eligible student are notified. This notice is normally given after a student graduates or otherwise leaves the District. If the parents or eligible student request that the personally identifiable information be destroyed, the District will destroy the records, except for the permanent records. Prior to the destruction of the records, the District must inform the parents or eligible student the records may be needed by the parents or eligible student for social security benefits or other purposes. In the absence of parents or an eligible student's request to destroy the records, the District must maintain the records for at least three years after an individual is determined to be no longer eligible for special education. For the purpose of policy, “no longer needed to provide educational services” means that a record is no longer relevant to the provision of instruction, support, or related services and it is no longer needed for accountability and audit purposes. At a minimum, a record needed for accountability for audit purposes must be retained for five years after completion of the activity for which funds were used.
The District will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system. The District will enter into an interagency agreement with the juvenile justice agencies involved.
The purpose of the agreement is to allow for the sharing of information prior to a student's adjudication in order to promote and collaborate between the District and the agencies 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 District may share any information with the agencies 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 District to the parties without parental consent or court order. Information contained in a student's permanent record may be disclosed by the District to the agencies after adjudication only with parental consent or a court order. Information shared pursuant to the agreement is 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.
Confidential information shared between the District and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law.
The District may discontinue information sharing with an agency if the District determines that the agency has violated the intent or letter of the agreement. Agencies will contact the principal of the attendance center where the student is currently or was enrolled. The principal will then forward copies of the records within 10 business days a reasonable time following receipt of the request.
The District will provide training or instruction to employees about parents' and eligible students' rights under this policy. Employees will also be informed about the procedures for carrying out this policy.
It is the responsibility of the superintendent to annually notify parents and eligible students of their right to:
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inspect and review the student's education records;
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Seek amendment of the student’s education record that the parent or eligible student believes to be inaccurate, misleading or otherwise in violation of the student’s privacy rights;
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Consent to disclosures of personally identifiable information contained in the student’s education records except to the extent that the law authorizes disclosure without consent and;
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File a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the law.
The notice is given in a parents' or eligible student's native language. Should the District collect personal information from students for the purposes of marketing or selling that information, the District will annually notify parents of such activity.
The notice will include a statement that the parents have a right to file a complaint alleging the District failed to comply with this policy. Complaints are forwarded to Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, Washington, D.C. 20202-5920.
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Approved: 1/13/93 Reviewed: 6/10/19 Revised: 8/13/12; 5/13/13; 7/14/25