CONFIDENTIALITY AND DISCLOSURE OF
STUDENT EDUCATION RECORDS
STUDENT EDUCATION RECORDS
STATEMENT OF PHILOSOPHY
The task of accumulating, maintaining, and managing appropriate and meaningful information about students and of organizing this information into a useful education records system becomes more difficult and more complex almost day by day. Several of the issues in this area revolve around the central dilemma of attempting to maintain a balance between the student's right to privacy and confidentiality and the legitimate needs and rights of the public to know and understand what is going on in the schools.
Unfortunately, in the past, information about both students and their parents has often been obtained without their informed consent. The goal and purpose of this policy is to ensure that the privacy, integrity, and confidentiality of students and their parents is safeguarded while responding to the legitimate interests and needs of the patrons of the schools and the public they serve.
DEFINITION OF "EDUCATION RECORDS"
For the purposes of this policy, the term "education records" means those records, files, documents, and other materials that contain information directly related to a student and are maintained by an education agency or institution or by a person acting for such agency or institution.
The term "education records" does not include:
- Records that contain only information about a student after he or she is no longer a student in the District.
- Records made by District personnel that are kept in the sole possession of the maker and are not accessible or revealed to any one other than a temporary substitute for the maker of the record. (20 U. S. C. 123G; 34 C. F. R. 99. 3 (b))
LISTS OF TYPES AND LOCATIONS OF INFORMATION
The District shall maintain a list of types and locations of education records and of the titles and addresses of the officials responsible for those records. (34 C. F. R. 99. 6)
The Principal of each school shall maintain records of screening for vision, hearing, and spinal screening for each student in the school. Records shall be open for inspection by the state or local health department. Individual screening records may be transferred among schools in accordance with provisions below concerning ACCESS BY OTHER PERSONS. (20 U. S. C. 132 (g)
The District shall maintain an individual immunization record during the period of attendance for each student admitted. The records shall be open for inspection at all reasonable times by representatives of local health departments or the Utah Department of Health. The District shall cooperate with other districts in transferring students' immunization records between schools. Specific approval from students, parents, or guardians is not required prior to making such record transfers.
The results of individual student performance on basic skills assessment instruments or other achievement tests administered by the District are confidential and may be made available only to the student, the student's parent or guardian, and to the school personnel directly involved with the student's educational program. However, overall student performance data shall be aggregated by school and District and made available to the public, with appropriate interpretations, at regularly scheduled Board of Education meetings. The information may not contain the names or other identifying information of individual students or teachers.
ACADEMIC ACHIEVEMENT RECORD
The District shall maintain a student academic achievement record on each student enrolled in the District. This record shall reflect courses of studies completed and shall substantiate the fulfillment of course requirements toward qualifying for high school graduation. A copy of this record shall be furnished each student transferring to another school district.
ACCESS TO EDUCATION RECORDS
Access to the education records of a student who is or has been in attendance at a school in the District shall be granted to the parent of the student who is a minor or who is a dependent for tax purposes. "Parent" includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. (34 C. F. R. 99. 3 (b))
The District shall presume that a parent has authority to inspect and review the student's records unless it has be provided with evidence that there is a court order, state statute, or legally binding document that specifically revoked these parental rights. The custodian of records shall delete all references in educational records to the residence of the managing conservator (custodial parent) prior to their release to the possessory conservator (non-custodial parent). (34 C. F. R. 99. 4)
Whenever a student has attained 18 years of age or is attending an institution of post-secondary education, the rights accorded to and consent required of, parents transfer from the parents to the student. (C.F.R. 99.5)
If material in the education record of a student includes information on another student, only the portion of the material relating to the student whose records were requested may be inspected and reviewed.
Upon request of a properly qualified individual, access to a student's education record shall be granted with in a reasonable period of time, not to exceed 45 days. The District shall respond to reasonable requests for explanations and interpretations of the records. (34 C. F. R. 99. 10)
The cumulative record shall be made available to the parent. Records may be reviewed during regular school hours upon written request to the record custodian. The record custodian or designee shall be present to explain the record and to answer questions. The confidential nature of the student's records shall be maintained at all times, and the records shall be restricted to use only in the Superintendent's, Principal's, or counselor's office, or other restricted area designated by the record custodian. The original copy of the record or any document contained in the cumulative record shall not be removed from the school.
ACCESS BY OTHER PERSONS
Personally identifiable information in education records shall not be released without the written consent of the student's parents, except to the following:
- School officials, including teachers, who have legitimate educational interests. An administrator or teacher is entitled access to a student's medical records maintained by the District only if he or she has completed inservice training on HIV infection.
- Officials of other schools or school systems in which the student seeks or intends to enroll.
- Forward education records on request of the other school to such officials; or
- Make a reasonable attempt to notify the parent (unless the record transfer is initiated by the parent).
- Authorized representative of the representatives of the Comptroller General of the United States, the Secretary of Education, or state and local educational authorities who require access to student or other records necessary in connection with the audit and evaluation of federal or state-supported education programs or in connection with the enforcement of or compliance with federal legal requirements that relate to such programs. ( 34 C. F. R. 99. 31, 35)
- Personnel involved with a student's application for, or receipt of, financial aid.
- State and local officials to whom such information is specifically required to be reported or disclosed by state statute.
- Organizations conducting studies for educational agencies or for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. Such studies must be conducted so that personal identification of students and their parents will not be revealed to persons other than authorized personnel of the organizations conducting the studies. These studies must have specific district approval.
- Accrediting organizations that require the information for purposes of accreditation.
- Parents of a student who is a dependent for tax purposes.
- Appropriate persons who, in an emergency, must have such information in order to protect the health or safety of the student or other person.
- Any person requesting directory information, as defined in local policy, after the District has given public notice of that definition.
The District will:
In either case, the District shall furnish a copy of the transferred records requested to the parent and give the parent an opportunity for a hearing to challenge the content of the record.
Such information must be destroyed when no longer needed for the original purposes of the studies.
In order for personally identifiable information in education records to be released to any individual, agency, or organization other than to the student and those listed above, written consent must be obtained from the student's parent. Such consent shall specify records to be released, the reason for such release, and to whom the records are to be released. Such
information may also be released in compliance with a judicial order or subpoena provided that the District makes a reasonable effort to notify the parent and student of the order or subpoena in advance of compliance. (34 C. F. R. 99. 31)
TRANSFER NOT PERMITTED
Personal information from student education records shall be transferred to a third party only on the condition that such party will not permit any other party to have access to such information without the written consent of the student's parent.
RECORD OF ACCESS TO STUDENT RECORD
Each school shall maintain a record, with the education record of each student, that indicates all individuals, agencies, or organizations that have requested or obtained access to a student's education records. The records shall include a least the name of the person or agency that made the request and the legitimate interest the person or agency had in the information. The record of access shall be available only to parents, school officials responsible for custody of the record, and those state, local, and federal officials authorized to audit the operation of the system. (20 U.S.C. 123 g)
The record shall not include requests for access by, or access granted to, parents of the student or officials of the District, requests accompanied by prior written consent of the parent, or requests for directory information. (34 C. F. R. 99. 32)
RIGHT TO AMEND RECORDS
The parent of a student whose records are covered by this policy may ask the District to amend the student's record if the parent believes it contains information that is inaccurate, misleading, or in violation of the student's right of privacy or other rights. If the District decides not to amend the education records requested, it shall inform the parent of its decision and his right to a hearing to challenge the content of the student's education records.
If the District decides to amend the records as a result of the hearing, it shall inform the parent in writing. If, as a result of the hearing, the District decides not to amend the records, it shall inform the parent of the right to place a statement in the records commenting on the contested information and/or stating why the parent disagrees with the decision of the District. Any explanation shall be maintained with the contested part of the record as long as the record is maintained and shall be disclosed whenever the contested portion of the record is disclosed. (34 C. F. R. 99. 20, 21)
PROCEDURE TO AMEND RECORDS
Within 15 school days of the record custodian's receipt of a request to amend records, the District shall notify the parents in writing of its decision on the request and, if the request is denied, of their right to a hearing. If a hearing is requested, it shall be held within ten school days after the request is received.
Parents shall be notified in advance of the date, time, and place of the hearing.
An administrator who is not responsible for the contested records and who does not have a direct interest in the outcome of the hearing shall conduct the hearing. The parents shall be given a full and fair opportunity to present evidence, and at their own expense, may be assisted or represented at the hearing.
The parents shall be notified of the decision in writing within ten school days of the hearing. The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision. If the decision is to deny the request, the parents shall be informed that they have 30 school days within which to exercise their right to place in the record a statement commenting on the contested information and/or stating any reason for disagreeing with District's decision.
ANNUAL NOTIFICATION OF RIGHTS
The District shall give parents of in attendance and eligible students in attendance annual notification of their rights under the Family Education Rights and Privacy Act of 1974 and of the places where copies of this policy may be located, including notice of the right to file complaints concerning alleged failures by the District to comply with provisions of the Act.(20 U. S. C. 123g (e) (34 C. F. R. 99. 7)
The District may release information if it has given public notice of:
- The types of personally identifiable information that it has designated as directory information.
- The right of the parent to refuse to permit the District to designate any or all of that information about the student as directory information.
- The period of time within which the parent must notify the District in writing that he or she does not want any or all of those types of information about the student designated as directory information. (34 C. F. R. 99. 37)
RECORDS OF STUDENTS WITH DISABILITIES
Special Education Services Records Of Students With Disabilities
Definitions of Personally Identifiable
"Personally identifiable" means that information includes:
- The name of the child, the child's parents, or other family member;
- The address of the child;
- A personal identifier, such as the child's social security number or student number; or
- A list of personal characteristics or other information which would make it Possible to identify the child with reasonable certainty.
Opportunity To Examine Records (34CFR §300.502)
The parents of a handicapped child shall be afforded, in accordance with the procedures in 55300.562-300.569 an opportunity to inspect and review all education records with respect to:
- The identification, evaluation, and educational placement of the and
- The provision of a free appropriate public education to the child.
Notice to Parents (34CFR §300.502)
- The district shall give notice which is adequate to fully inform parents about the requirements under §300.128 of Subpart B, including:
- A description of the extent to which the notice is given in the native languages of the various population groups in the State
- A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the State intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;
- A summary of the policies and procedures which participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information, and
- A description of all of the rights of parents and children regarding this information, including the rights under §438 of the General Education Provisions Act and Part 99 of this title (the Family Educational Rights and Privacy Act of 1974, and implementing regulations).
- Before any major identification, location, or evaluation activity, the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of the activity.
Confidentiality - Access Rights(5300.562)
- Each participating agency shall permit parents to inspect and review any education records relating to their children which are collected, maintained, or used by the agency under this part. The agency shall comply with a request without unnecessary delay and before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of the child, and in no case more than forty-five (45) days after the request has been made.
- The right to inspect and review education records under this section includes:
- The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;
- The right to request that the agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and
- The right to have a representative of the parent inspect and review the records.
- An agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State law governing such matters as guardianship, separation, and divorce.
Record of Access (§300.563)
Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used under this part (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
Records on More Than One Child (§300.564)
If any education record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information.
List of Types and Locations of Information (§300.365)
Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.
- A Participating education agency may charge a fee for copies of records which are made for parents under this part if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.
- A participating agency may not charge a fee to search for or to retrieve information under this part.
Amendment Of Records At Parent's Request (§300.567)
- A parent who believes that information in education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child, may request the participating agency which maintains the information to amend the information.
- The agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
- If the agency decides to refuse to amend the information in accordance with the request it shall inform the parent of the refusal, and advise the parent of the right to a hearing under §300.568.
Opportunity for a Hearing (§300.568)
The agency shall, on request, provide an opportunity for a hearing to challenge information in education records to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.
Result Of Hearing (§300.569)
- If, as a result of the hearing, the agency decides that the Information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall amend the Information accordingly and so inform the parent in writing.
- If, as a result of the hearing, the agency decides that the Information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall inform the parent of the right to place in the records it maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.
- Any explanation placed in the records of the child under this section must:
- Be maintained by the agency as part of the records of the child as long as the record or contested portion is maintained by the agency; and
- If the records of the child or the contested portion is disclosed by the agency to any party, the explanation must also be disclosed to the party.
A hearing which challenges the education records must be held in accordance with 34 CFR 99.22, §438, P.L.90-247. At a minimum, a public agency's hearing procedures must include the following elements:
- The hearing shall be held within a reasonable period of time after the public agency received the request, and the parent of the student or eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing.
- The hearing may be conducted by any party, including an official of the public agency, who does not have a direct interest in the outcome of the hearing.
- The parent of the student or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised, and may be assisted or he represented by individuals of his or her choice at his or her own expense, including an attorney.
- The public agency shall make its decision in writing within a reasonable period of time after the conclusion of the hearing.
- The decision of the public agency shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
Parental consent must be obtained before personally identifiable information is:
- Disclosed to anyone other than officials of participating agencies collecting or using the information under this part; or
- Used for any purpose other than meeting a requirement under this part.
- An educational agency may not release information from education records to participating agencies without parental consent unless authorized to do so by 34 CFR 99.31 and 99.34, §438, P.L. 20-247..
- Regulation 99.31 states that:
- An educational agency or institution may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student if the disclosure is:
- To other school officials, including teachers, within the educational institution or local educational agency who have been determined by the agency or institution to have legitimate education interests.
- To officials of another school or school system in which the student seeks or intends to enroll, subject to the requirements set forth in the 99.34 below.
- Regulation 99.34 states that:
- An educational agency or institution transferring the education records of a student pursuant to 99.31 above shall make a reasonable attempt to notify the parent of the student or the eligible student, except:
- When the transfer of the records is initiated by the parent or eligible student at the sending agency or institution, or
- When the agency or institution includes in its annual notice of parent's rights that it is the policy of the agency to forward education records on request to a school in which a student seeks or intends to enroll, then the public agency does not have to provide any further notice of the transfer of records.
- An educational agency receiving personally identifiable information from another educational agency or Institution, may make further disclosures of the information on behalf of the educational agency without the prior written consent of the parent or eligible student if the conditions of Regulation 99.31 and 99.34 noted above are met, and if the educational agency informs the party to whom disclosure is made of these requirements.
- If the parents refuse consent or the release of personally identifiable Information to a third party, then that party may proceed with statutory procedures in an effort to obtain the desired information.
- Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction states.
- One official at each participating agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information.
- All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures concerning personally identifiable information.
- Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information on students with handicaps.
Destruction of Information
- The public agency shall inform parents when personally identifiable information collected, maintained or used under this part is no longer needed to provide educational services to the student
- The information no longer needed must be destroyed at the request of the parents. However, a permanent record of the student's name, address, and phone number, his or her grades, attendance record, classes attended and grade level completed may be maintained without time limitation.
All of the foregoing parental rights are extended to the student when reaching the age of maturity unless the student has been declared incompetent by court order and assigned a guardian.
- Each education agency or institution shall annually notify parents of students currently in attendance or eligible students currently in attendance at the agency or institution of their rights under the Act and this part. The notice must include a statement that the parent or eligible student has a right to:
- Inspect and review the student's education records;
- Request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's right to privacy or other rights;
- Consent to disclosure of personally identifiable information contained in the student's education records, except to the extent that the Act and the regulations in this part authorize disclosure without consent;
- File with the U.S. Department of Education a complaint concerning alleged failures by the agency or institution to comply with the requirements of the Act and this part; and
- Obtain a copy of the agency's policy.
- The notice provided under paragraph (a) of this section must also indicate the places where copies of the agency's policy are located.
- An educational agency or institution may provide this notice by any means that are reasonably likely to inform parents and eligible students of their rights.
- Any agency or institution of elementary or secondary education shall effectively notify parents or students who have a primary or home language other than English.
The District shall protect the confidentiality of personally identifiable information in collection, storage, disclosure, and destruction of records. One official in the District shall assume responsibility for ensuring confidentiality of personally identifiable information. All persons collecting or using this information shall receive training or instruction concerning the legal requirements involved in handling theses records. The District shall maintain for public inspection a current listing of the names and positions of employees who may have access to this information. (34 C. F. R. 300. 572)
DESTRUCTION OF INFORMATION
The District shall inform parents when personally identifiable information pertaining to handicapped education is no longer needed to provide educational services to the student. Such information shall be destroyed on request of the parent. A permanent record of the student's name, address, and phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limit. ( 34 C. F. R. 300. 573)
COMPREHENSIVE SYSTEM -- ENSURING THE SAFETY OF THE RECORDS
The Superintendent shall develop and maintain a comprehensive system of records and reports dealing with all facets of the school program operation. These data and records shall be stored in a safe and secure manner and shall be conveniently retrievable for use by authorized personnel.
A cumulative record shall be maintained for each student from entrance into District schools until withdrawal or graduation from the District.
This record shall move with the student from school to school and be maintained at the school where currently enrolled until graduation or withdrawal. Records for non-enrolled students shall be retained for the period of time required by law. No permanent records may be destroyed without explicit permission from the Superintendent.
CUSTODIAN FOR RECORDS
(Refer to GRAMA Policy)
The Principal is custodian of all records for currently enrolled students at his/her assigned school. The Superintendent is the custodian of records for students who have withdrawn or graduated. The student handbook distributed annually to all students and parents shall contain a listing of the addresses of District schools, as well as the Superintendent's business address. Each record custodian, at the location listed in the Student Handbook, shall be responsible for the education records of the District.
These records may include:
- Admissions data, personal and family data, including certification of date of birth.
- Standardized test data, including intelligence, aptitude, interest, personality, and social adjustment ratings.
- All achievement records, as determined by tests, recorded grades, and teacher evaluation.
- Health services records, including:
- The result of any tuberculin tests administered by the District.
- The findings of screening or health appraisal programs the District conducts or provides.
- Information and follow-up to ensure that parents have been notified of identified problems and of how they can obtain needed services for the students.
- Immunization records.
- Attendance records.
- Student questionnaires.
- Records of teacher, counselors or administrative conferences with the student or pertaining to the student.
- Verified reports of serious or recurrent behavior problems.
- Copies of correspondence with parents and others concerned with the student.
- Records transferred from other districts the student has been enrolled in.
- Records pertaining to participation in extracurricular activities.
- Information relating to student participation in special programs.
- Records of fees assessed and paid.
- Other records that may contribute to an understanding of the students.
REQUEST PROCEDURES FOR THE CUMULATIVE RECORD
The Cumulative record shall be made available to the parent. Records may be reviewed during regular school hours upon written request to the record custodian. The record custodian or his/her designee shall be present to explain the record and to answer questions. The confidential nature of the student's records shall be maintained at all times, and the records shall be restricted to use only in the Superintendent's, Principal's, or counselor's office, or other restricted area designated by the record custodian. The original copy of the record or any document contained in the cumulative record shall not be removed from the school.
Directory information shall include a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, awards received, and the most recent previous school attended by a student.
Directory Information shall be released to any individual or organization that files a written request with the Superintendent or his/her designee.
STUDENT RIGHTS -- TRANSFERRING ACCESS RIGHTS TO STUDENTS WHO ARE 18
Parents may be denied copies of records after the students reaches age 18 and is no longer a dependent for tax purposes. If a student has attained 18 years of age or is attending an institution of post-secondary education, the rights accorded to, and consent required of, parents transfer from the parents to the student.
PARENT ACCESS -- FEE WAIVER OF COPY CHARGE
If a student qualifies for free or reduced-priced lunch and the parents are unable to view the records during regular school hours, upon written request of the parent, one copy of the student's record shall be provided at no charge.
ACCESS BY SCHOOL OFFICIALS
For the purpose of this policy, "school officials" shall mean any employees, trustees, or agents of the District, of cooperatives of which the District is a member, or of facilities with which the District contracts for placement of handicapped students. The term also includes attorneys, consultants, and independent contractors retained by the District.
School officials have a "legitimate educational interest" in a student's records when they are working with the student, considering academic or disciplinary actions, or developing a handicapped student's individual education plan; compiling statistical data; or investigating or evaluating programs.
TRANSCRIPTS AND TRANSFERS OF RECORDS REQUESTS
The District may request transcripts from previously attended schools for students transferring into District schools; however, the ultimate responsibility for obtaining transcripts from sending schools rests with parent or student, if 18 or older.
The District shall promptly forward education records upon request to officials of other schools or school systems in which the student intends to enroll.
Approved: July 1, 1995