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5500-R- Student Records Regulation

It is recognized that the confidentiality of student records must be maintained. The following necessary procedures have been adopted to protect the confidentiality of student records.

Section 1

Pursuant to the Family Educational Rights and Privacy Act (FERPA) and state law, it shall be the policy of this school district to permit parents/guardians and “eligible students” to inspect and review any and all official records, files and data directly related to that student, including all materials that are incorporated into each student’s cumulative record folder whether stored electronically or in hard copy. For the purpose of this regulation, “eligible students” are those students who are 18 or older or former students who are attending any school beyond the high school level. The rights created by FERPA and state law transfer from the parents/guardians to the student once the student attains eligible student status.

Section 2

Parents/guardians or the eligible student will have an opportunity for a hearing to challenge the content of the student’s school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

Section 3

A letter shall be sent annually to parents/guardians and eligible students informing them of their rights pursuant to FERPA. See Exhibit 5500-E.1 and 8635-E. The District shall provide translations of this notice, where necessary, to parents/guardians and eligible students in their native language or dominant mode of communication. (See Policy 5500 for further information on the notice requirements.)

Section 4

To implement the rights provided for in sections 1 and 2 the following procedures are adopted:

  1. A parent/guardian or an eligible student who wishes to inspect and review student records shall make a request for access to the student’s school records, in writing, to the Building Principal. Upon receipt of such request, once the district verifies the identity of the parent/guardian or eligible student, arrangements shall be made to provide access to such records within 45 days after the request has been received. If the record to which access is sought contains information on more than one student, the parent/guardian or eligible student will be allowed to inspect and review only the specific information about the student on whose behalf access is sought.
    1. Before providing access to student records, the district will verify the identity of the parent/guardian or eligible student.
    2. The district may provide the requested records to the parent/guardian or eligible student electronically, as long as the parent/guardian or eligible student consents. The district will transmit PII electronically in a way that maintains its confidentiality, using safeguards such as encryption and password protection.
  2. A parent/guardian or an eligible student who wishes to challenge the contents of the student’s school records shall submit a request, in writing, to the Building Principal identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student together with a statement of the reasons for their challenge to the record.
  3. Upon receipt of a written challenge, the Building Principal shall provide a written response indicating either that he/she:
    1. finds the challenged record inaccurate, misleading or otherwise in violation of the student’s rights and that the record will be corrected or deleted; or
    2. finds no basis for correcting or deleting the record in question, but that the parent/guardian or eligible student will be given an opportunity for a hearing. The written response by the Building Principal shall be provided to the parent/guardian or eligible student within 14 days after receipt of the written challenge. The response shall also outline the procedures to be followed with respect to a hearing regarding the request for amendment.
  4. Within 14 days of receipt of the response from the Building Principal, a parent/guardian or eligible student may request, in writing, that a hearing be held to review the determination of the Building Principal.
  5. The hearing shall be held within 10 days after the request for the hearing has been received. The hearing will be held by the Superintendent of Schools, unless the Superintendent has a direct interest in the outcome of the hearing, in which case the superintendent will designate another individual who does not have a direct interest in the outcome of the hearing to hold the hearing.
  6. The parent/guardian or eligible student shall be given a full and fair opportunity to present evidence at the hearing. The parent/guardian or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.
  7. The Superintendent or other individual designated by the Superintendent will make a decision in writing within 14 days after the hearing.
  8. After the hearing, if the Superintendent or the individual designated by the Superintendent decides not to amend the record, the District will inform the parent/guardian or eligible student that they have the right to place a statement in the record commenting on the contested information or stating why he/she disagrees with the decision of the District. Any statement placed in the record will be maintained with the contested part of the student record for as long as the record is maintained. Further, the statement will be disclosed by the District whenever it discloses the portion of the record to which the statement relates.

Section 5

Except to the extent that FERPA authorizes disclosure of student records without consent, student records, and any material contained therein which is personally identifiable, are confidential and will not be released or made available to persons other than parents/guardians or eligible students without the prior written consent of the parents/guardians or eligible student.

Exceptions to FERPA’s prior consent requirement include, but are not limited to disclosure:

  1. To other school officials within the District who have been determined to have legitimate educational interests.
  2. To officials of another school, school system or postsecondary institution where the student seeks or intends to enroll.
  3. To authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, U.S. Attorney General, or state and local education authorities in connection with an audit or evaluation of a federal- or state-supported education program or in compliance with legal requirements related to those programs.
  4. In connection with the student’s application for or receipt of financial aid.
  5. To state and local officials or authorities in compliance with state law that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are being released.
  6. To organizations conducting studies for, or on behalf of, education agencies or institutions, in order to develop tests, administer student aid, or improve instruction.
  7. To accrediting organizations to carry out their accrediting functions.
  8. To parents of a dependent student, as defined by the Internal Revenue Code.
  9. To comply with a judicial order or lawfully issued subpoena, including ex parte court orders under the USA Patriot Act. Prior to complying with a judicial order or subpoena, the District will make a reasonable effort to notify the parent/guardian or eligible student, unless the District has been ordered not to disclose the existence or content of the order or subpoena or unless the parent is the subject of a court proceeding involving child dependency or child abuse and neglect matters, and the order is issued in context of that proceeding.
  10. In connection with a health or safety emergency. The District will disclose information when, taking into account the totality of circumstances, a determination is made that there is an articulable and significant threat to the health or safety of the student or other individuals.
  11. To teachers and school officials in other schools who have legitimate educational interests in the behavior or the student when the information concerns disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
  12. To provide information that the District has designated as “directory information.”
  13. To provide information from the school’s law enforcement unit records.
  14. To authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, or state and local education authorities in connection with an audit or evaluation of a federal- or state-supported education program or in compliance with legal requirements related to those programs.

Section 6.

Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions authorized by FERPA, the parent/guardian or eligible student must file a written consent to such action. The written consent must specify the records to be released, the reasons for such release, and to whom. If the parent or eligible student so requests, the District will provide him or her with a copy of the records  disclosed. In addition, if the parent of a student who is not an eligible student so requests, the District will provide the student with a copy of the records disclosed.

Section 7

Unless specifically exempted by FERPA, all persons requesting access to such records will be required to sign a written form which indicates the legitimate educational interest that such person has in inspecting the records. Such form will be kept with the student’s file and will be maintained with the student’s file as long as the file is maintained. See Exhibit 5500-E.4.

Retention and Disposition of Student Records

The Board has adopted the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for District records. The Board directs all District officials to adhere to the schedule and all other relevant laws in retaining and disposing of student records. In accordance with Article 57-A, the District will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The District will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

Cross-ref:

  • 8635 and 8635-R, Information and Data Privacy Security Breach and Notification

Adoption date: May 27, 1997
Revised: September 11, 2000
Revised: June 8, 2009
Revised: September 24, 2012
Revised: February 10, 2014
Reviewed: May 22, 2017
Revised: June 10, 2020