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EDUCATION RECORDS

Types of Students

‘Enrolled Student’

An enrolled student is a student referred to TSBVI by a local school district Admission-Review-Dismissal (ARD) Committee who is enrolled and in attendance, and who receives special education services in the School’s regular school year program.

‘Short-Term Program Student’

A Short-Term Program student is a student who participates in the School’s short classes during the TSBVI school year or summer to receive intensive training in the Expanded Core Curriculum and who remains enrolled and receives special education services in the student’s resident school district.

Custodian of Records

The Director of the Center for School Resources (CSR) is custodian of all records for currently enrolled students, for students who have withdrawn or graduated, and for short-term program students. 

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 are created or received by TSBVI after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student.
  2. Records made by TSBVI 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 on a student who is 18 years of age or older, or who is attending an institution of postsecondary education, that are:
    1. Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
    2. Made, maintained, or used only in connection with treatment of the student; and
    3. Disclosed only to individuals providing the treatment.  For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the School.
  4. Grades on peer-graded papers before they are collected and recorded by a teacher.
  5. Routine email generated by School staff, copies of which are not maintained by the School’s Center for School Resources (CSR) as educational records.

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

Screening Records

TSBVI shall maintain records of screening for special senses and communication disorders, spinal screening, and assessment for type 2 diabetes for each enrolled student in the School.  Records shall be open for inspection by the state or local health department.  The University of Texas Rio Grande Valley Border Health Office may, directly or through local health departments, enter a school and inspect records relating to assessment for type 2 diabetes.  Individual screening records may be transferred among schools in accordance with provisions below concerning Access by Others.  20 U.S.C. 1232(g); Health and Safety Code 36.006, 37.003;95.004 25 TAC 37.145(b) [See FFAA]

Immunization Records

TSBVI shall maintain an individual immunization record during the period of attendance for each enrolled student.  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 State Health Services. 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 any student is entitled to access to the student's medical records maintained by TSBVI.  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 552.261 of the Government Code. [See GBAA]  Education Code 38.0095

Privacy Rule for ‘Non-education Records’

To the extent TSBVI is a covered entity under the Health Insurance Portability and Accountability 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]

Food Allergy Information

Information regarding a student’s food allergy, regardless of how it is received by TSBVI or the resident school district, shall be retained in the student’s education records but may not be placed in the health record maintained for the student by the School.

Exceptions

If TSBVI receives documentation of a food allergy from a physician, that documentation shall be placed in the health record maintained for the student by the School.

A registered nurse may enter appropriate notes about a student’s possible food allergy in the health record maintained for the student by the School, including a notation that the student’s education records indicate that a parent has notified the School of the student’s possible food allergy.

Education Code 25.0022(d)–(f)

Assessment Instruments

The results of individual student performance on basic skills assessment instruments or other achievement tests administered by TSBVI are confidential and may be made available only to the student, the student's parent or guardian, and to the school personnel (both at TSBVI and the resident school district) directly involved with the student's educational program.  However, overall student performance data shall be aggregated by ethnicity, sex, grade level, and 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)

Following guidelines developed by the Commissioner of Education, TSBVI must use an academic achievement record (transcript) form that includes student demographics, school data, student data, and the record of courses and credits earned.  The academic achievement record (transcript) shall serve as the academic record for each student and must be maintained permanently by the School.  TSBVI must ensure that copies of this record are made available for a student transferring from one district to another.  To ensure appropriate placement of a transfer student, the School must respond promptly to each request for student records from a receiving district.  19 TAC 74. 5(b) [See EI]

Enrollment Records

When a parent or other person with legal control of a student enrolls the student in TSBVI, the parent or other person, or the resident school district that has referred the student to TSBVI for admission, shall furnish to the School all of the following:

  1. The student’s birth certificate, or another document suitable as proof of the student’s identity as defined by the Commissioner in the Student Attendance Accounting Handbook.
  2. A copy of the student’s records from the school the child most recently attended if he or she was previously enrolled in a school in Texas or in another state. 

Education Code 25.002(a)

TSBVI or the resident school district must furnish information under items 1 and 2 not later than the tenth working day after the date the district or TSBVI receives a request for the information.

If a parent or other person with legal control of a student under a court order requests a student’s education records be transferred, the school to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to the district or to TSBVI.

Education Code 25.002(a-1) [See FD]

ACCESS, DISCLOSURE, AND AMENDMENT

Definitions:

Attendance

Attendance includes, but is not limited to:

  1. Attendance in person or by paper correspondence, videoconference, satellite, internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
  2. The period during which a person is working under a work-study program.

‘Disclosure’

“Disclosure” means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

‘Parent’

 “Parent” includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

‘Personally Identifiable Information’

 “Personally identifiable information” includes, but is not limited to:

  1. The student’s name;
  2. The name of the student’s parent or other family members;
  3. The address of the student or student’s family;
  4. A personal identifier, such as the student’s biometric record, defined as a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual (e.g., fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting); social security number; or student number;
  5. Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
  6. Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
  7. Information requested by a person who the School reasonably believes knows the identity of the student to whom the education record relates.

 ‘Record’

“Record” means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

‘Authorized Representative’

“Authorized representative” means any entity or individual designated by a state or local educational authority or an agency headed by an official listed in 34 C.F.R. 99.31(a)(3) to conduct—with respect to federal- or state-supported education programs—any audit, evaluation, or any compliance or enforcement activity in connection with federal legal requirements that relate to these programs.

‘Education Program’

 “Education program” means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.  34 C.F.R. 99.3

‘Signed and Dated Written Consent’ by ‘Digital Signature’

 A person may sign and date any written consent or other TSBVI required record or authorization by a “digital signature” (that is, a signature in electronic form) that:

  1. Identifies and authenticates a particular person as the source of the electronic consent; and
  2. Indicates such person’s approval of the information contained in the electronic consent.

The form and/or signature must meet the requirements of the Texas Uniform Electronic Transactions Act, Tex. Bus. & Com. Code § 322.001.

34 C.F.R. 99.30(d)

ACCESS TO EDUCATIONAL RECORDS

Access by Parents

Access to the educational records of a student who is, or has been enrolled in the regular school year or has participated in a short term program at the School shall be granted to the parent of the student who is a minor, or who is a dependent for tax purposes. 

34 CFR 99.10, 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 student'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 concerning the parent's student, including attendance records, test scores, grades, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information, teacher and school counselor evaluations, reports of behavioral patterns, and records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the student. “Intervention strategy” means a strategy in a multi-tiered system of supports that is above the level of intervention generally used in that system with all children. The term includes response to intervention and other early intervention strategies.

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. 

Nothing in this section prevents the School from disclosing education records, or personally identifiable information from education records, to a parent without prior written consent of an eligible student if the disclosure meets the conditions in 34 C.F.R. 99.31(a), including if the student is a dependent for tax purposes or in the case of a health or safety emergency.  34 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.  34 C.F.R 99.12(a)

ACCESS BY OTHERS

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

School officials, including teachers, who have legitimate educational interests.   An administrator, nurse, teacher, residential instructor, a related service provider, and a student transportation provider or escort is entitled to access to a student’s educational and medical records maintained by the School when the requester has a legitimate education need for such medical records and, in addition, meets all other reasons set forth in TSBVI policy and administrative procedure.

A contractor, consultant, volunteer or other party to whom TSBVI has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party:

  1. Performs an institutional service or function for which the School would otherwise use employees;
  2. Is under the direct control of the School with respect to the use and maintenance of education records; and
  3. Is subject to the requirements of 34 C.F.R. 99.33(a) governing the use and redisclosure of personally identifiable information from education records.

TSBVI must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. 

34 C.F.R. 99.31, 99.36; Education Code 38. 009

Officials of Other Schools

Officials of other schools or school systems in which the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer, provided that TSBVI either:

  1. Includes in its policies a statement that notifies the parent or student that it forwards education records on request of the other school to such officials; or
  2. Makes a reasonable attempt to notify the parent (unless the record transfer is initiated by the parent).

In either case, TSBVI shall furnish a copy of the transferred records to the parent if requested and shall give the parent an opportunity for a hearing to challenge the content of the record.

34 C.F.R. 99.34

It is the policy of TSBVI to provide all educational records required by the Individuals with Disabilities Act (IDEA) to a student’s local school district of residence when requested.   The local school district is responsible for sending all ARD records to the parents.

Authorized Government Representatives

Authorized representatives of the officials or agencies headed by 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 99.35

TSBVI may not refuse to report information concerning a student holding an F, J, or M visa on the basis of the Family Educational Rights and Privacy Act (FERPA) and any regulation implementing FERPA.  The School is authorized and required to report information that would ordinarily be protected by FERPA only to the extent required by 8 U.S.C. 1372, 8 C.F.R. 214.3, (g), or any corresponding regulation.  8 U.S.C. 1372(c)(2); 8 C.F.R. 214.1(h)

Financial Aid Personnel

Personnel involved with a student's application for, or receipt of, financial aid.

Juvenile Justice Officials

State and local officials to whom such information is specifically allowed to be reported or disclosed by state statute 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 TSBVI 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.

The Superintendent or designee shall disclose information contained in a student’s educational records to a juvenile service provider as required by Family Code 58.0051.

Education Code 37.084(a)

Organizations Conducting Studies

Organizations conducting studies for, or on behalf of, districts 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 who have legitimate interests in the information.

Such information must be destroyed when no longer needed for the original purposes of the studies.

TSBVI must enter into a written agreement with the organization that:

a.  Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed;

b.  Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement;

c.  Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; and

d.  Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.

When TSBVI enters into an agreement with an organization conducting a study, the School may re-disclose personally identifiable information from education records on behalf of educational agencies and institutions that disclosed the information to the School in accordance with the requirements of 34 C.F.R. 99.33(b)

The School is not required to initiate a study or agree with or endorse the conclusions or results of the study.

Accrediting Organizations

Accrediting organizations that require the information for purposes of accreditation.

Health or Safety Emergency

Appropriate persons, including the student’s parents, who, in an emergency, must have such information in order to protect the health or safety of the student or another person.

In making a determination, TSBVI may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals.  If the School determines that there is an articulable and significant threat to the health or safety or a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.  If, based on the information available at the time of the determination, there is a rational basis for the determination, the United States Department of Education will not substitute its judgment for that of the School in evaluating the circumstances and making its determination.  34 C.F.R. 99.36

Agriculture Secretary

The Secretary of Agriculture, or authorized representative from the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of districts receiving funding or providing benefits of programs authorized under the National School Lunch Act or the Child Nutrition Act.  20 U.S.C. 1232g(b)(1)(K)

Child Welfare Agency

1An agency caseworker or other representative of a state or local child welfare agency who has the right to access a student’s case plan when the agency is legally responsible, in accordance with state law, for the care and protection of the student.  Records of the student shall not be disclosed by the agency, except to an individual or entity engaged in addressing the student’s education needs and authorized by the agency to receive the disclosure.  Any subsequent disclosure must be consistent with state laws applicable to protecting the confidentiality of a student’s education records.  20 U.S.C. 1232g(b)(1)(L)

Directory Information

1Any person requesting directory information, after TSBVI has given public notice of that definition.  34 C.F.R., 99.37

20 U.S.C. 1232g(b); 34 C.F.R., 99.31

Written Consent

The parent shall provide a signed and dated written consent (which may be, at the discretion of the Superintendent or his designee(s) by digital signature) before TSBVI 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

Information Collection

U.S. DOE Funded Surveys

No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education (DOE), to submit to a survey, analysis, or evaluation that reveals information concerning the following topics without the prior consent of the student (if the student is an adult or emancipated minor), or, in the case of an un-emancipated minor, without the prior written consent of the parent:

  1. Political affiliations or beliefs of the student or the student’s parents.
  2. Mental and psychological problems of the student or the student’s family.
  3. Sex behavior and attitudes.
  4. Illegal, anti-social, self-incriminating, and demeaning behavior.
  5. Critical appraisals of other individuals with whom students have close family relationships.
  6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
  7. Religious practices, affiliations, or beliefs of the student or student’s parent.
  8. Income, other than that required by law to determine eligibility for participation in a program   or for receiving financial assistance under such program. 20 U.S.C. 1232h(b)

Funded by Other Sources

Except as provided by 20 U.S.C. 1232h(a) or (b), as a condition of receiving funds from programs funded in whole or in part by the U.S. DOE, TSBVI shall develop and adopt policies, in consultation with parents, pursuant to 20 U.S.C. 1232h(c)(1), and provide for parent notification in accordance with 20 U.S.C. 1232h(c)(2).  20 U.S.C. 1232h(c)(1)–(4)  [See EF]

Subpoenaed Records

TSBVI 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 or the order is an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331, TSBVI shall make a reasonable effort to notify the parents and the students of all such subpoenas in advance of compliance, except when a parent is a party to a court proceeding involving child abuse and neglect or dependency matters, and the order is issued in the context of that proceeding.  20 U.S.C. 1232g(b)(1)(J), (b)(2)(B); 34 C.F.R. 99.31(a)(9)

Sex Offenders

TSBVI may disclose personally identifiable information without consent if the disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the School under 42 U.S.C. 14071 and applicable federal guidelines.  34 C.F.R. 99.31(a)(16)

Request Procedure

Upon request of a properly qualified individual, access to a student’s education record shall be granted within a reasonable period of time, not to exceed 45 days.  TSBVI shall respond to reasonable requests for explanations and interpretations of the records.  34 C.F.R. 99.10

No Destruction of Records if Request Outstanding

TSBVI shall not destroy any education records if there is an outstanding request to inspect and review the records.  34 C.F.R. 99.10(e)

De-identified Records

TSBVI, or a party that has received education records or information from education records, may release the records or information without the parent’s written consent after the removal of all personally identifiable information provided that the School or other party has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information.

Education Research

TSBVI, or a party that has received education records or information from education records, may release de-identified student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information received from the same source, provided that:

  1. The School or other party that releases de-identified data under this section does not disclose any information about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code;
  2. The record code is used for no purpose other than identifying a de-identified record for purposes of education research and cannot be used to ascertain personally identifiable information about a student; and
  3. The record code is not based on a student’s social security number or other personal information.

Authenticating Requestors’ Identities

TSBVI must use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom the School discloses personally identifiable information from education records. 34 C.F.R. 99.31(b)–(c)

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. If a third party permits access to information in violation of this policy, TSBVI 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); 34 C.F.R. 99.33(a)(1)

TSBVI shall inform a party to whom a disclosure is made of the requirements of 34 C.F.R. 99.33, unless the disclosure is made pursuant to a court order, lawfully issued subpoena, or litigation; the disclosed information is directory information; the disclosure concerns sex offenders; or the disclosure is made to a parent of a student who is not an eligible student or to a student.  34 C.F.R. 99.33(c)–(d)

TSBVI may disclose personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the School if:

  1. The disclosures meet the requirements of 34 C.F.R. 99.31; and
  2. The School has complied with the requirements of 34 C.F.R. 99.32(b) regarding the record of disclosure; or a state or local educational authority or federal official or agency listed re-questing information through a subpoena or ex parte order has complied with the requirements of 34 C.F.R. 99.32(b)(2).  34 C.F.R. 99.33(b)

Record of Access to Student Records

TSBVI 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, as well as the names of state and local educational authorities and federal officials and agencies listed in 34 C.F.R. 99.31(a)(3) that may make further disclosures of personally identifiable information from the student’s education records without consent.  TSBVI must obtain a copy of the record of further disclosures maintained by the named authorities, officials, and agencies under 34 C.F.R. 99.32(b)(2) and make it available in response to a parent’s request to review the record.

The record shall not include requests for access by, or access granted to, parents of the student, TSBVI officials or of the student’s local school district, requests accompanied by prior written consent of the parent, requests for directory information, or a party seeking or receiving records in accordance with a subpoena or ex parte order.  34 C.F.R. 99.32(d) [Also see “Access Rights” in “Students with Disabilities” below]

TSBVI must record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception:

  1. The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and
  2. The parties to whom the School disclosed the information.

34 C.F.R. 99.32

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 TSBVI 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, local, and federal officials authorized to audit the operation of the system. 20 U.S.C.A. 1232g(b)(4)(A)

Right to Amend

The parent of a student whose records are covered by this policy may ask TSBVI 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 the decision and the parent’s right to a hearing to challenge the content of the student's education records.

If TSBVI 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 C.F.R 99.20,-.21

Fees for Copies

No fee shall be charged to search for or to retrieve a student’s education records.  A fee may be charged for copies of education records that are made for the parents or students under this policy provided that the fee does not effectively prevent them from exercising their right to inspect and review those records.  Hardship cases shall be dealt with on an individual basis.  The Superintendent will determine whether to waive the fee for copies on an individual basis.  20 U.S.C. 1232g; 34 C.F.R. 99.11; Education Code 26.012

Records of Students with Disabilities

TSBVI 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 C.F.R. 300.613(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 C.F.R. 300.613(b)(3)
  2. TSBVI 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 student, and in no case longer than 45 days after the request.  34 C.F.R. 300.613(a)
  3. TSBVI shall keep a record of persons obtaining access to these student records (except access by parents and authorized employees of the School and the student’s local district), including name, date of access, and the purpose for which the person is authorized to use the records.  34 C.F.R. 300.614

Record Types and Locations

The Director of the Center for School Resources shall provide parents on request a list of types and locations of education records.  34 C.F.R. 300.616

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.  TSBVI may not release information from these records without parental consent except as provided in the Family Educational Rights and Privacy Act (FERPA).  34 C.F.R. 300.622 and the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400 et seq.

Confidentiality

TSBVI shall protect the confidentiality of personally identifiable information in collection, storage, disclosure, and destruction of records.  The Director of the Center for School Resources 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.  TSBVI 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. 300.623

Information Destruction

For enrolled students, TSBVI shall inform parents or adult students 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 or according to TSBVI’s approved records retention schedule. For enrolled students, a permanent record of the student’s name, address, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.   

For all students, the Superintendent may develop an education records retention schedule that meets the law and is approved by the Texas State Library and Archives Commission, available from TSBVI.  Notwithstanding the previous sentence, no educational records of any student may be destroyed until after the student has reached the age of eighteen plus five years.

34 C.F.R. 300.624

Annual Notification of Rights

The School shall give parents of enrolled students and adult enrolled students annual notification of their rights under FERPA at the beginning of each school year, or upon enrollment thereafter. Annual notice of this policy will be provided to the parent or adult student in the Parent and Student Handbook. TSBVI may provide this notice by any means that are reasonably likely to inform the parents or adult students of their rights. The School shall effectively notify parents who are disabled and parents of students who have a primary or home language other than English. 20 U.S.C. 1232g(e); 34 CFR 99.7

The parents of Short-Term Program students receive this annual notification of rights from their local school districts.  TSBVI abides by FERPA requirements for all students.

The notice must inform parents or adult students that they have the right to:

Inspect and review the student’s education records;

Seek amendment of the student’s educational records that the parent or adult student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;

Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the Act and 34 C.F.R. 99.31 authorize disclosure without consent; and

File with the United States Department of Education a complaint under 34 C.F.R. 99.63 and 99.64 concerning alleged failures by TSBVI to comply with the requirements of the Act and 34 C.F.R. part 99.

The notice must include all of the following:

  1. The procedure for exercising the right to inspect and review education records.
  2. The procedure for requesting amendment of records under 34 C.F.R. 99.20 and objections.
  3. The criteria for determining who constitutes a school official is and what constitutes a legitimate educational interest in accord with the School’s policy and procedures for disclosing education records under 34 C.F.R. 99.31(a)(1).

TSBVI shall provide the following to the parent of each enrolled student, at the beginning of each school year or on enrollment of the student after the beginning of the school year:

A written explanation of the provisions of FERPA regarding the release of directory information about the student; and

Written notice of the right of the parent to object to the release of directory information about the student.

Contents of Notice

The notice must contain:

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

"Certain information about TSBVI 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 TSBVI to disclose directory information from your child's education records without your prior written consent, you must notify TSBVI in writing within 10 calendar days from the date of your child’s initial or annual registration.  TSBVI has designated the following information as directory information: student's name, address,  photograph, degrees, honors, and awards received, place of birth, major field of study, dates of attendance, grade level, most recent school  previously attended, participation in officially recognized activities and sports, the weight and height of members of athletic teams, enrollment status, and student identification numbers or identifiers that cannot be used alone to gain access to electronic education records.";

  1. 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.
      2. The parent's objection to the release of a secondary student's name, address, and telephone number to an 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 yearbook, or School publication; and

  Directory Information Defined

"Directory information" means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes the student's name, address, photograph, 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.  “Directory information” does not include a student’s:

  1. Social security number; or
  2. Student identification (ID) number, unless:
    1. The student ID number, user ID number, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user; or
    2. The student ID number or other unique personal identifier that is displayed on a student ID badge cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

TSBVI 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 yearbook, or School publication, remains otherwise confidential and may not be released under Government Code 552

Disclosure of Directory Information

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.

In Class

A parent or adult student may not use the right to opt out of directory information disclosures to prevent the School from disclosing (or requiring a student to disclose) the student’s name, identifier, or institutional e-mail address in a class in which the student is enrolled.

Former Students

TSBVI may disclose directory information about former students without satisfying the public notice conditions above.  However, the School must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt-out request.

Confirmation of Identity or Records

TSBVI may not disclose or confirm directory information without meeting the written consent requirements in 34 C.F.R. 99.30 if a student’s social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student’s records.

34 CFR 99.3, .37

Homeless Students

Information about a homeless student’s living situation shall be treated as a student education record, and shall not be deemed to be directory information.

42 U.S.C. 11432(g)(3)(G)

VIDEOTAPES AND RECORDINGS

A TSBVI employee must obtain written consent from a parent before the employee may make or authorize the making of a videotape of a student or record or authorize the recording of a student's voice.

Exceptions

A TSBVI employee is not required to obtain the consent of a student's parent before the employee may make a videotape of a student or authorize the recording of a student's voice if the videotape or voice recording is to be used only for:

  1. The purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses;
  2. A purpose related to a co-curricular or extracurricular activity;
  3. A purpose related to regular classroom instruction;
  4. Media coverage of the School; or
  5. Teaching parents, professionals, and other service providers, provided no personally identifiable information is revealed other than the video or audio images of the student or students, and that the recordings are not used for financial profit.
  6. None of these exceptions apply to students in foster care because permission must be obtained for all recordings beforehand.

Education Code 26.009 [See EHA, FM, and FO]

Co-curricular or extracurricular activities at the School are public events, and the recordings of these events are not confidential.

Photos, and Electronic Recordings

Photos, video, and audio recordings of a student that meet the definition of educational records shall be maintained by TSBVI according to the same retention schedule as other educational records.

The School may create and share photos and videos of students that are not educational records in order to depict educational plans, teaching strategies, and/or student progress.  These media will be stored by TSBVI temporarily and destroyed when no longer needed.  Annual notice of this policy will be provided to the parent or adult student in the Parent and Student Handbook.  Certain photos and/or videos may be selected and edited to be stored as part of a student’s educational record.  These edited media will be stored according to the approved retention schedule, and parent or adult student will be notified of destruction. Gov’t Code 441.185

  INFORMATION FROM LAW ENFORCEMENT

Oral Notice of Arrest or Referral

Upon receipt of oral notice from the head of a law enforcement agency or designee that the law enforcement agency has arrested a student or referred a student to the juvenile board for a specified offense, the Superintendent shall promptly notify all instructional and support personnel who have responsibility for the student. All personnel shall keep the information received confidential.

Written Notice of Arrest or Referral

Upon subsequent receipt of confidential, written notice of the arrest or referral, a superintendent or designee shall send the information in the confidential notice to a TSBVI employee having direct supervisory responsibility over the student.

Oral Notice of Conviction or Adjudication

Upon receipt of oral notice from a prosecuting attorney of a student’s conviction, deferred prosecution, or adjudication of a specified offense, including a statement as to whether the student is required to register as a sex offender, a superintendent shall, within 24 hours of receiving the notice, or before the next school day, whichever is earlier, notify all instructional and support personnel who have regular contact with the student.

Contents of Notice

Required oral or written notice must include all pertinent details of the offense or conduct, including details of any:

  1. Assaultive behavior or other violence;
  2. Weapons used in the commission of the offense or conduct; or
  3. Weapons possessed during the commission of the offense or conduct.

Code of Criminal Procedure 15.27 (a)-(c), (k)

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 Missing Students’ 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.

When the School has reason to believe that a missing child has been recovered, the School may request confirmation that the missing child has been recovered from the appropriate law enforcement agency or the missing children and missing person’s 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 person’s information clearinghouse that the flag has been removed.

 Code of Criminal Procedure 63.020-.022

CONFLICTS WITH IDEA OR FERPA, OR BOTH

To the extent that anything herein conflicts with either or both the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400 et seq., or the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g (jointly called “Acts”) or the regulations adopted pursuant to either or both IDEA or FERPA, those specific Acts shall take precedence.

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, 9/25/09, 4/4/14, 6/4/14, 4/8/16, 6/2/17, 8/9/18

Reviewed: