In order to provide students with appropriate instruction and educational services, it is necessary for the district to maintain extensive and sometimes personal information about students and families. These records must be kept confidential in accordance with law, but must also be readily available to district personnel who need the records to effectively serve district students.
The superintendent or designee will provide for the proper administration of student records in accordance with law, will develop appropriate procedures for maintaining student records and will standardize procedures for the collection and transmittal of necessary information about individual students throughout the district. The building principal shall assist the superintendent in developing the student records system, maintaining and protecting the records in his or her building and developing protocols for releasing student education records. The superintendent or designee will make arrangements so that all district employees are trained annually on the confidentiality of student education records, as applicable for each employee classification.
Student health information is a type of student record that is particularly sensitive and protected by numerous state and federal laws. Student health information shall be protected from unauthorized, illegal or inappropriate disclosure by adherence to the principles of confidentiality and privacy. The information shall be protected regardless of whether the information is received orally, in writing or electronically and regardless of the type of record or method of storage.
Directory information is information contained in an education record of a student that generally would not be considered harmful or an invasion of privacy if disclosed. The school district designates the following items as directory information:
< Students in kindergarten through eighth grade -- Student's name; parent's name; date and place of birth; grade level; bus assignment; enrollment status (e.g., full-time or part-time); participation in school-based activities and sports; weight and height of members of athletic teams; dates of attendance; honors and awards received; artwork or coursework displayed by the district; most recent previous school attended; and photographs, videotapes, digital images and recorded sound unless such photographs, videotapes, digital images and recorded sound would be considered harmful or an invasion of privacy.
< High school and vocational school students -- Student's name; parent's name; address; telephone number; date and place of birth; grade level; bus assignment; enrollment status (e.g., full-time or part-time); participation in school-based activities and sports; weight and height of members of athletic teams; dates of attendance; degrees, honors and awards received; artwork or coursework displayed by the district; most recent previous school attended; and photographs, videotapes, digital images and recorded sound unless such photographs, videotapes, digital images and recorded sound would be considered harmful or an invasion of privacy.
Parent and Eligible Student Access
All parents will have the right to inspect their child's education records as allowed by law. As used in this policy, a "parent" includes a biological or adoptive parent, a guardian or an individual acting as a parent in the absence of a natural parent or guardian. The district will extend the same rights to either parent, regardless of divorce, custody or visitation rights, unless the district is provided with evidence that the parent's rights to inspect records have been legally revoked. The rights of the parent transfer to the student once the student turns 18, or attends an institution of postsecondary education, in accordance with law.
If a parent or eligible student believes the education records related to the student contain information that is inaccurate, misleading or in violation of the student's privacy, he or she may ask the district to amend the record by following the appeals procedures created by the superintendent or designee.
The district will annually notify parents and eligible students of their rights in accordance with law.
Law Enforcement Access
The district may report or disclose education records to law enforcement and juvenile justice authorities if the disclosure concerns law enforcement's or juvenile justice authorities' ability to effectively serve, prior to adjudication, the student whose records are released. The officials and authorities to whom such information is disclosed must comply with applicable restrictions set forth in 20 U.S.C. § 1232g (b)(1)(E).
If the district reports a crime committed by a student with a disability as defined in the Individuals with Disabilities Education Act (IDEA), the district will transmit copies of the special education and disciplinary records to the authorities to whom the district reported the crime.
Law enforcement officials also have access to directory information and may obtain access to student education records in emergency situations as allowed by law. Otherwise, law enforcement officials must obtain a subpoena or consent from the parent or eligible student before a student's education records will be disclosed.
Children's Division Access
The district may disclose education records to representatives of the Children's Division (CD) of the Department of Social Services when reporting child abuse and neglect in accordance with law. Once the CD obtains custody of a student, CD representatives may also have access to education records in accordance with law. CD representatives may also have access to directory information and may obtain access to student education records in emergency situations, as allowed by law.
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Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.
Cross Refs: EFB, Free and Reduced-Cost Food Services
EHB, Technology Usage
GBCB, Staff Conduct
IGBA, Programs for Students with Disabilities
IGDB, Student Publications
IIAC, Instructional Media Centers/School Libraries
IL, Assessment Program
KB, Public Information Program
KBA, Public's Right to Know
KDA, Custodial and Noncustodial Parents
KI, Public Solicitations/Advertising in District Facilities
KNAJ, Relations with Law Enforcement Authorities
Legal Refs: §§ 167.020, .022, .115, .122, .123, 210.115, .865, 452.375, .376, 610.010 –
Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g
Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 - 1487
No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 – 7941
The Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794
For Office Use Only: JO-C.1G (5/05)