FL - STUDENT RECORDS

"EDUCATION RECORDS" DEFINED

For the purposes of this policy, the term "education records" mean those records, files, documents, and other materials that contain information directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution.

The term "education records" does not include:

  1. Records that contain only information about a student after he or she is no longer a student in the School.
  2. Records made by School personnel that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to anyone other than a temporary substitute for the maker of the record.
  3. Records maintained by a law enforcement unit of a district that were created by that law enforcement unit for the purpose of law enforcement.

20 U.S.C. 1232g; 34 CFR 99.3

CUSTODIAN OF RECORDS

The Director of School and Student Services is custodian of all records for currently enrolled students and for students who have withdrawn or graduated. The student handbook distributed annually to all students and parents shall contain the business address of the Director of School and Student Services.

LIST OF TYPES AND LOCATIONS OF INFORMATION

The Director of School and Student Services 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 CFR 99.6

SCREENING RECORDS

The School Health Center shall maintain records of screening for special senses and communication disorders and spinal screening, and acanthosis nigricans screening for each student in the school. Records shall be open for inspection by the state or local health department. The Texas-Mexico Border Health Coordination Office may, directly or through local health departments, enter a school and inspect records relating to screening for acanthosis nigricans. Individual screening records may be transferred among schools in accordance with provisions below concerning ACCESS BY OTHER PERSONS.

20 U.S.C. 1232(g); Health Code 36.006, 37.003; 25 TAC 37.148(n), 37.149(a) [See FFAA]

IMMUNIZATION RECORDS

The School Health Center 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 the Texas Education Agency or by representatives of the local health departments or the Texas Department of Health. The School shall cooperate with local districts in transferring student's immunization records between other schools.

Specific approval from students, parents, or guardians is not required prior to making such record transfers.

Education Code 38.002 (See FFAB)

MEDICAL RECORDS

The parent or guardian of a student is entitled to access to the student's medical records maintained by the School. On request of a student's parent or guardian, the School shall provide a copy of the student's medical records to the parent or guardian. The School may not impose a charge that exceeds the amount authorized by Section 5542.261 of the Government Code [see GBA(EXHIBIT)].

Education Code 38.0095

Privacy Rule for Non-Education Records'To the extent the School is a covered entity under the Health Insurance Portability andAccountability Act (HIPAA), the School shall comply with the Privacy Rule, 45 CFR Part 164, with respect to protected health information that is not an education record.

45 CFR 160.103, 164.501 [See CRD]

ASSESSMENT INSTRUMENTS

The results of individual student performance on basic skills assessment instruments or other achievement tests administered by the School 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 ethnicity, sex, grade level, subject area and made available to the public, with appropriate interpretations, at regularly scheduled Board meetings. The information may not contain the names of individual students or teachers. Education Code 39.030(b) (See EKB)

ACADEMIC ACHIEVEMENT RECORD (GRADES 9-12)

The School shall use the academic achievement record (transcript) form adopted by the State Board. This form shall serve as the academic record for each student and shall be maintained permanently by the School. Copies of this record shall be made available to students transferring to another school district. The information may be provided to the student or to the receiving district or to both. The School shall respond promptly to all requests for student records from receiving districts.

19 TAC 74.14(b) [See EI]

ACCESS TO EDUCATIONAL RECORDS

Access to the educational records of a student who is, or has been, in attendance at the School 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 CFR 99.3(b), 99.31(a)(8)

The School shall presume that a parent has authority to inspect and review the student's records unless it has been provided with evidence that there is a court order, state statute, or legally binding document that specifically revokes these rights. A court may order the custodian of records to delete all references in a child's records to the place of residence of either party appointed as conservator before their release to another party appointed as conservator.

34 CFR 99.4; Family Code 153.012, 153.073

A parent is entitled access to all written records of the School concerning the parent's child, including attendance records, test scores, grades, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information, teacher and counselor evaluations, and reports of behavioral patterns.

Education Code 26.004

Access by Student

Whenever a student has attained 18 years of age or is attending an institution of postsecondary education, the rights accorded to, and consent required of, parents transfer from the parents to the student. 34 CFR 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. 34 CFR 99.12(a)

REQUEST PROCEDURES

Upon request of a properly qualified individual, access to a student's education record of a student shall be granted within a reasonable period of time, not to exceed 45 days. The School shall respond to reasonable requests for explanations and interpretations of the records.

34 CFR 99.10

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:

  1. School officials who have legitimate educational interests. For the purposes of this policy, "school officials" shall mean any employees, board members, and agents of the School, including attorneys, consultants, and independent contractors who are retained by the School

    A school official has a "legitimate educational interest" in a student's records when the official is working directly with the student or advising any official involved in developing or implementing the student's individual education plan; compiling statistical data on the School's educational program; or investigating or evaluating School programs. Education Code 38.009 [See DMA]

  2. Officials of other schools or school systems in which the student seeks or intends to enroll. The Superintendent shall ensure that the Parent Student Handbook includes, a statement that notifies the parent or student that the School forwards education records on request to such officials. The School shall furnish a copy of the transferred records to the parent if requested, and give the parent an opportunity for a hearing to challenge the content of the record.
  3. Authorized representatives of the Comptroller General of the United States, the Attorney 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 CFR 99.31, 99.35
  4. Personnel involved with a student's application for, or receipt of, financial aid.
  5. State and local officials to whom such information is specifically allowed to be reported, or disclosed, by state statute adopted:
    1. Prior to November 19, 1974, if the allowed reporting, or disclosure, concerns the juvenile justice system and its ability to effectively serve the student whose records are released, or
    2. After November 19, 1974 if:
      1. the allowed reporting, or disclosure, concerns the juvenile justice system and its ability to effectively serve, prior to adjudication, the student whose records are released; and
      2. the officials and authorities to whom such information is disclosed certify in writing to the School that the information will not be disclosed to any other party except as provided under state law without the prior written consent of the parent of the student. 20 U.S.C. Sec. 1232g(b)(1)(E)
  6. Organizations conducting studies for educational agencies, or institutions, 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. Such information must be destroyed when no longer needed for the original purposes of the studies.
  7. Accrediting organizations that require the information for purposes of accreditation.
  8. Parents of a student who is a dependent for tax purposes.
  9. Appropriate persons who, in an emergency, must have such information in order to protect the health, or safety, of the student or other person.
  10. Any person requesting directory information, as the term "directory information" is defined in the Parent Student Handbook. 34 CFR 99.31, 99.37. The parent shall provide a signed and dated written consent before the School discloses personally identifiable information from a student's education records to any individual, agency, or organization other than the parent, the student, or those listed above. Such consent shall specify records to be released, the reason for such release, and to whom the records are to be released.34 CFR 99.30, 99.3

The parent shall provide a signed and dated written consent before a district discloses personally identifiable information from a student's education records to any individual, agency, or organization other than the parent, the student, or those listed above. Such consent shall specify records to be released, the reason for such release, and to whom the records are to be released.

34 CFR 99.30, 99.31

SUBPOENAED RECORDS

The School shall release student records to an entity, or persons, designated in a subpoena. The School shall not disclose to any person the existence, or contents, of the subpoena if a court orders the School to refrain from such disclosure. Unless the court or other issuing agency orders the School to refrain from such disclosure, the School shall notify the parents and the students of all such subpoenas in advance of compliance

20 U.S.C. 1232g(b)(1)(J), (b)(2)(B)

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 parents. If a third party permits access to information in violation of this policy, the School shall not permit access to information from education records to that third party for a period of not less than five years.

20 U.S.C. 1232g(b)(4)(B)

RECORD OF ACCESS TO STUDENT RECORD

The School shall maintain a record, kept 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 at 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 will be maintained as long as the School maintains the student's education record. The record of access shall be available only to parents, school officials responsible for custody of the records, and those state and federal officials authorized to audit the operation of the system.

20 U.S.C.A. 1232g

The record shall not include requests for access by, or access granted to, parents of the student or officials of the School, or requests accompanied by prior written consent of the parent or requests for directory information.

34 CFR 99.32

RIGHT TO AMEND RECORDS

The parent of a student whose records are covered by this policy may ask the School to amend the student's records 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 School decides not to amend the education records requested, it shall inform the parent of its decision and his or her right to a hearing to challenge the content of the student's education records.

If the School 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, TSBVI 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 School. Any explanation shall be maintained with the contested part of the record for as long as the record is maintained and shall be disclosed whenever the contested portion of the record is disclosed.

34 CFR 99.20, 99.21

ANNUAL NOTIFICATION OF RIGHTS

The School shall give parents of students in attendance and eligible students in attendance annual notification of their rights under the Family Educational Rights and Privacy Act of 1974 and of the places where copies of the policy may be located, including notice of the right to file complaints concerning alleged failures by the School to comply with the provisions of the Act. The School shall effectively notify parents of students who have a primary, or home, language other than English.

20 U.S.C. 1232g(e); 34 CFR 99.7

DIRECTORY INFORMATION

"Directory information" means information contained in an education record of a student that would not generally be considered harmless or an invasion of privacy if disclosed. Directory information includes, but is not limited to, the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, dates of attendance, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, honors and awards received, and the most recent educational agency or institution attended.

The School may release directory information if it has given public notice of:

  1. The types of personally identifiable information that it has designated as directory information.
  2. The right of the parent(s) to refuse to permit the School to designate any, or all, of that information about the student as directory information.
  3. The period of time within which the parent(s) must notify the School, in writing, that they do not want any, or all, of those types of information about the student designated as directory information.

34 CFR 99.3, 99.37

DESIGNATION OF DIRECTORY INFORMATION

The School may designate as directory information any or all information defined as directory information by FERPA. Directory information under that Act that is not designated by the School as directory information for the School is excepted from disclosure by the School under Government Code Chapter 552. [See GBA]

Directory information consented to by a parent for use only for a limited school-sponsored purpose, such as for a student directory, student yearbook, or School publication, if any such purpose has been designated by the School, remains otherwise confidential and may not be released under Government Code Chapter 552.

ANNUAL NOTICE

The School shall provide the following to the parent of each district student, at the beginning of each school year or on enrollment of the student after the beginning of the school year:

  1. A written explanation of the provisions of FERPA regarding the release of directory information about the student; and
  2. Written notice of the right of the parent to object to the release of directory information about the student under FERPA.

Contents of Notice

The notice must contain:

  1. The following statement in boldface type that is 14-point or larger:

    "Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information unless the parent or guardian objects to the release of the directory information about this student. If you do not want [insert name of district] to disclose directory information from your child's education records without your prior written consent, you must notify the district in writing by [insert date]. [Insert name of district] has designated the following information as directory information: [Here a district must include any directory information it chooses to designate as directory information for the district, such as a student's name, address, telephone listing, electronic mail address, photograph, degrees, honors, and awards received, date and place of birth, major field of study, dates of attendance, grade level, most recent education institution attended, participation in officially recognized activities and sports, and the weight and height of members of athletic teams.]";

  2. A form, such as a check-off list or similar mechanism, that:
    1. Immediately follows, on the same page or the next page, the required statement; and
    2. Allows a parent to record:
      1. The parent's objection to the release of all directory information or one or more specific categories of directory information if TSBVI policy permits the parent to object to one or more specific categories of directory information;
      2. The parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education; and
  3. The parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the School and is specifically identified, such as for a student directory, student yearbook, or district publication; and
  4. A statement that federal law requires schools receiving assistance under the Elementary and Secondary Education Act of 1965 [see EHBD] to provide a military recruiter or an institution of higher education, on request, with the name, address, or telephone number of a secondary student unless the parent has advised the district that the parent does not want the student's information disclosed without the parent's prior written consent.

Education Code 26.013

Student Recruiting Information

Notwithstanding the DIRECTORY INFORMATION provisions above, the School shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students' names, addresses, and telephone listings.

Consent to Release

A secondary school student or the parent of the student may request that the student's name, address, and telephone listing described above not be released without prior written parental consent, and the School shall notify parents of the option to make a request and shall comply with any request.

No Child Left Behind Act of 2001 Sec. 9528, Pub. L. No. 107-110, 115 Stat. 1983 (2002) (to be codified at 20 U.S.C. 7908)

FEES FOR COPIES

No fee shall be charged to search for, or to retrieve, the education records of a student. No more than one time per school year, upon request by a parent or adult student for a copy of the student's record, the parent or adult student will be given a copy of therecords at no cost. For additional requests for records within the same school, the parent or adult student will be assessed a charge for copies in accordance with Section 552.261 of the Government Code (See GBA Exhibit). Hardship cases shall be dealt with on an individual basis.

20 U.S.C. 1232g; 34 CFR 99.11; Education Code 26.012

DESTRUCTION OF RECORDS

The School shall not destroy any education records if there is an outstanding request to inspect and review the records

34 CFR 99.10(e)

RECORDS OF STUDENTS WITH DISABILITIES

The School shall permit parents to inspect and review education records collected, maintained, or used, for purposes of identifying, evaluating, placing, or educating students with disabilities.

34 CFR 300.562(a)

Access Rights

In addition to policies applicable to all student records, the following guidelines shall apply when parents of a student with disabilities request to review or inspect, School records relating to the education of their child:

  1. Parents may request that a representative inspect and review the records. 34 CFR 300.562(b)(3)
  2. The School shall comply with a request without unnecessary delay and before any meeting regarding an individualized education program (IEP) or hearing relating to the identification, evaluation, or placement of the child. 34 CFR 300.562(a)
  3. The School shall keep a record of persons obtaining access to these student records (except access by parents and authorized employees), including name, date of access, and the purpose for which the person is authorized to use the records.

34 CFR 300.563

Access Record

The date of access shall be included in the access record.

34 CFR 300.563

Parental Consent

Parental consent must be obtained before personally identifiable information is used for any purpose other than meeting a requirement under the Individuals with Disabilities Education Act, or disclosed to anyone other than officials of agencies collecting or using this information. The School may not release information from these records without parental consent except as provided in the Family Educational Rights and Privacy Act (FERPA).

34 CFR 300.571

Videotapes and Recordings

A School employee must obtain written consent of a parent before the employee may make, or authorize, a videotape of a child or a recording of a child's voice.

Education Code 26.009(a)(2) [See EHA, FM, FO for exceptions]

CONFIDENTIALITY

The School shall protect the confidentiality of personally identifiable information in collection, storage, disclosure, and destruction of records. The Director of School and Student Services 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 these records. The School shall maintain, for public inspection, a current listing of the names and position of employees who may have access to this information.

34 CFR 300.572

Records Retention

The School shall retain education records of students with disabilities for at least five years after the student's graduation, or dismissal, from special education

34 CFR 75.73

DESTRUCTION OF INFORMATION

The School shall inform parents when personally identifiable information collected, maintained, or used to provide special education and related services is no longer needed to provide educational services to the student. Such information shall be destroyed at the request of the parents, unless the five-year retention period has not expired. In that case, personally identifiable information shall be deleted from the records, but they shall not be destroyed.

A permanent record of the student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

34 CFR 300.573, 75.734

INFORMATION FROM LAW ENFORCEMENT

Upon receipt of confidential notice from a law enforcement agency that it has arrested a student, or taken a student into custody for an offense listed below, the Superintendent shall promptly notify all instructional and support personnel who have regular contact with the student. All personnel shall keep the information received confidential.

The Director of School and Student Services may send the information in the notice to a school employee having direct supervisory responsibility over the student if the Director of School and Student Services determines that the School employee needs the information for educational purposes, or for the protection of the person informed, or others.

When the Superintendent or designee receives information from a prosecuting attorney that a student has been convicted or adjudicated of delinquent conduct for a felony offense, the Superintendent or designee shall promptly notify all instructional and support personnel who have regular contact with the students.

Code of Criminal Procedure 15.27(a)-(d)

A person who receives information described above shall not disclose it except as specifically authorized by Article 15.27.

Code of Criminal Procedure 15.27 (a)-(d)

Information received by the School under this provision shall not be attached to the permanent academic file of the student who is the subject of the report. The School shall destroy the information at the end of the academic year in which the report was filed

Education Code 37.017

DUTY TO FLAG RECORDS

Upon receipt of notification from a law enforcement agency or the missing children and missing persons information clearinghouse that a child who attended or who is enrolled in the School is missing, the School shall flag the child's records and maintain the records in its possession so that on receipt of a request regarding the child, the School will be able to notify law enforcement or the missing children and missing persons information clearinghouse that a request for a flagged record has been made.

Request in Person

When a request for a flagged record is made in person, the School may not advise the requesting party that the request concerns a missing child and shall:

  1. Require the person requesting the flagged record to complete a form stating the person's name, address, telephone number, and relationship to the child for whom a request is made, and the name, address, and birth date of the child;
  2. Obtain a copy of the requesting party's driver's license or other photographic identification, if possible;
  3. If the request is for a birth certificate, inform the requesting party that a copy of a certificate will be sent by mail; and
  4. Immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and include a physical description of the requesting party, the identity and address of the requesting party, and a copy of the requesting party's driver's license or other photographic identification.

After providing the information listed above, the School shall mail a copy of the requested record to the requesting party on or after the 21st day after the date of the request.

Request in Writing

When a request for a flagged record is made in writing, the School may not advise the requesting party that the request concerns a missing child and shall immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and provide to the law enforcement agency a copy of the written request. After providing the notification, the School shall mail a copy of the requested record to the requesting party on or after the 21st day after the date of the request.

Removal of Flag

On the return of a missing child under 11 years of age, the law enforcement agency shall notify each school that has maintained flagged records for the child that the child is no longer missing. On receipt of this notification, the School shall remove the flag from the records.

A school that has reason to believe that a missing child has been recovered may request confirmation that the missing child has been recovered from the appropriate law enforcement agency or the missing children and missing persons information clearinghouse. If a response is not received after the 45th day after the date of the request for confirmation, the School may remove the flag from the record and shall inform the law enforcement agency or the missing children and missing persons information clearinghouse that the flag has been removed.

Human Resources Code 79.0129-79.020

Adopted: 5/11/79

Amended: 1/11/80, 1/16/81, 9/10/82, 11/11/83, 6/29/84, 5/28/92, 1/29/93, 3/22/96, 9/26/97, 1/24/02, 5/28/03, 11/18/05

Reviewed:

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