Policy 505.1 - Student Records Access

STUDENT RECORDS ACCESS

The Board of Directors recognizes the importance of maintaining student records and preserving their confidentiality. For purposes of this policy and other policies relating to student records, student is defined as an enrolled individual in a pre-kindergarten through twelfth grade, including children in school district-sponsored child care programs. All student records containing personally identifiable information shall be kept confidential at collection, storage, disclosure and destruction stages. Student records shall be maintained by the records custodian and housed in the building administration office. The records custodian shall assume responsibility for ensuring the confidentiality of any personally identifiable information. The district personnel who collect or use personally identifiable information shall receive training or instruction regarding confidentiality of personally identifiable information.

Parents and eligible students shall have access to the student's records during the regular business hours of the school district. An eligible student is a student who has reached eighteen years of age or is attending an institution of post-secondary education. Parents of an eligible student shall be provided access to the student records only with the written permission of the eligible student. Parents of an eligible student, who is defined by Section 152 of the Internal Revenue Code of 1954 as a dependent student, may be provided access without the written permission of the student. It shall be presumed that a student who has not graduated from high school is a dependent of his or her parents until such time as satisfactory evidence to the contrary is presented to school officials. Only those with the written permission of the parents or eligible student shall have access to the student records. 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 student records. Parents, other than parents of an eligible student, may be denied access to a student's records if the school 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.

A student record may contain information on more than one student. Parents shall have the right to access the information relating to their student or to be informed of the information. Eligible students shall also have the right to access the information relating to themselves or be informed of the information.

Parents and eligible students shall have a right to access the student's records upon request without unnecessary delay and in no instance more than forty-five days after the request is made. Parents, an eligible student, or an authorized representative shall have the right to access the student's records prior to an Individual Education Program (IEP) meeting or hearing.

Copies of student records will only be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the student records. Fees for copies of the records shall be 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 student records.

Upon the request of parents or an eligible student, the school district shall provide an explanation and interpretation of the student record and a list of the types and locations of student records collected, maintained or used.

If the parents or an eligible student believes the information in the student records is inaccurate, misleading, or violates the privacy or other rights of the student, the parents or an eligible student may request that the school district amend the student records. If the school district determines an amendment shall be made to the student record, the school district shall make the amendment and inform the parents or the eligible student of the decision in writing.

If the school district refuses to amend the student record, it shall inform the parents or the eligible student of its refusal and their right to a hearing. The parent or eligible student shall have a right to appeal the school district’s decision and shall have an administrative hearing at the district level. A local hearing shall be conducted according to the procedures under 34 CFR§§99.22. If the parents' and the eligible student's request to amend the student record is further denied, the parents or the eligible student shall have the opportunity to place an explanatory letter in the student record commenting on the school district's decision and setting forth the reasoning for disagreeing with the school district. 

Additions to the student's records shall become a part of the student record and be maintained like other student records. If the school district discloses the student records, the explanation by the parents shall also be disclosed.

Student records may be disclosed in limited circumstances without parental or eligible student written permission. This disclosure is made 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:

* to school officials within the school district whom the superintendent has determined have a legitimate educational interest; including, but not limited to, board members, auditor, health professionals, individuals serving on official school committees, and adult volunteers helping teachers grade student work.

* 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;

* to the U.S. Comptroller General, the U.S. Secretary of Education or state and local educational authorities;

* 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;

* to organizations and/or their authorized representatives conducting audits, evaluations and/or educational 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, and the study does not release personally identifiable information;

* to area education agency personnel who are regularly assigned to provide services to the specific district building;

* to accrediting organizations;

* to parents of a dependent student as defined in the Internal Revenue Code;

* to comply with a court order or judicially issued subpoena, only if the district makes reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance;

* in connection with a health or safety emergency; or,

* as directory information.

The superintendent shall keep a list of the individuals (and their positions) authorized to view a special education student's records without the permission of the parents or the eligible student. This list must be available for public inspection and updated annually.

The superintendent shall 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 parents, the eligible student and the custodian of student records may access this list for a student record.

Permanent student 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 even over parental objections. Permanent student records must be kept in a fire-safe vault.

When personally identifiable information, other than permanent student records, no longer needs to be maintained by the school district to provide educational services to the special education student, the parents or eligible student shall be notified. This notice is normally given after a student graduates or otherwise leaves the District. If the parents or eligible student request that the records be destroyed, the school district shall destroy the records. Prior to the destruction of the records, the school 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. 
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 suspension 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 shred between the District and the agencies will remain confidential and will not be shared with any other person, unless otherwise provide 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. 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 of the request.

The District will provide training or instruction to employees about parents’ and eligible students’ rights under this policy. . Employees shall also be informed about the procedures for carrying out this policy.

It shall be the responsibility of the superintendent to annually notify parents and eligible students of their right to inspect and review the student's records. The notice shall be 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.

Adopted: Unknown
Modified: 05/22/89; 01/09/95; 07/24/95; 11/03/00; 01/19/09; 08/06/12
Reviewed: 12/19/94; 07/10/95; 10/16/00; 02/04/08; 01/05/09; 07/16/12; 12/04/17

Legal Reference: 20 U.S.C. §§1415 (1992) 300.221;
20 U.S.C. § 1232g (1988).
34 C.F.R. Pt. 99, §§300.560 - 300.574; 76.731; 76.734; and 75.734 (1991).
Chapter 22; §622.10; Iowa Code(1991)
Education[281]--§§12.3(6); 41.20, IAC
1980 Op. Att'y Gen. 720, 825.

Cross Reference: Policy 805.1 Care, Maintenance and Disposal of School District Records
Policy 505.6 Student Directory Information
Policy Primer - Volume 7, Number 5 - July 8, 1994


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