We Want You to Know Your Rights
Parents and Students have a right to review a student’s educational record, including the student’s cumulative file. Parents who inspect their child’s records and feel they are inaccurate, are entitled to challenge the record.
In addition, your child may be eligible for a free or reduced price meals. The forms necessary to make application, including eligibility requirements, are available in each principal’s office. The secretaries will provide you with them.
The board recognizes the importance of maintaining student records and preserving their confidentiality. All student records containing personally identifiable information shall be kept confidential at collection, storage, disclosure and destruction stages. Student records shall be maintained by the building principal and housed in the building's records room.
Parents and eligible students shall have access to the student's records during the regular business hours of the school district. An eligible student is a student who has reached eighteen years of age or is attending an institution of post secondary education at the post high school level. Parents of an eligible student shall be provided access to the student records only with the written permission of the eligible student unless the eligible student is defined by the Internal Revenue code as a dependent. In that case, the parents may be provided access without the written permission of the student. A representative of the parents or eligible student, who has received written permission from the parents or eligible student, may inspect and review a special education student's records. Parents, other than parents of an eligible student, may be denied access to a student's records if the school district has a court order stating such or when the district has been advised under the appropriate laws that the parents may not access the student records. Parents may inspect an instrument used for the purpose of collection of student personal information prior to the instrument’s use.
A student record may contain information on more than one student. Parents shall have the right to access the information relating to their student or to be informed of the information. Eligible students shall also have the right to access the information relating to themselves or be informed of the information.
Parents and eligible students shall have a right to access the student's records upon request without unnecessary delay and in no instance more than forty-five days after the request is made. Parents, an eligible student, or an authorized representative shall have the right to access the student's records prior to an Individual Education Program (IEP) meeting or hearing.
Copies of student records will only be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the student records. Fees for copies of the records shall be waived if it would prevent the parents or student from accessing the records. A fee may not be charged to search or retrieve information from student records.
Upon the request of parents or an eligible student, the school district shall provide an explanation and interpretation of the student record and a list of the types and locations of student records collected, maintained or used.
If the parents or an eligible student believes the information in the student's record is inaccurate, misleading or violates the privacy or other rights of the student, the parents or an eligible student may request that the school district amend the student records within a reasonable time after receipt of the request. If the school district determines an amendment shall be made to the student record, the school district shall make the amendment and inform the parents or the eligible student, in writing, of the decision.
If the school district determines that amendment of the student's record is not appropriate, it shall inform the parents or the eligible student of their right to a hearing before the school district. If the parents' and the eligible student's request to amend the student record is further denied, the parents or the eligible student shall have the opportunity to place an explanatory letter in the student record commenting on the school district's decision or setting forth the reasoning for disagreeing with the school district. Additions to the student's records shall become a part of the student record and be maintained like other student records. If the school district discloses the student records, the explanation by the parent shall also be disclosed.
Student records may be disclosed in limited circumstances without parental or eligible student's written permission. This disclosure is made on the condition that the student record will not be disclosed to a third party without the written permission of the parents or the eligible student. This disclosure may be made to the following individuals or under the following circumstances:
* to school officials within the school district and AEA personnel whom the superintendent or the building principal has determined has a legitimate educational interest, including, but not limited to, board members, employees, school attorney, auditor, health professionals, and individuals serving on official school committees;
* to officials of another school district in which the student wishes to enroll, provided the other school district notifies the parents the student records are being sent and the parents have an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to new school districts.
* to the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local educational authorities;
* in connection with financial aid for which the student has applied or which the student has received if the information is necessary to receive the financial aid;
* to organizations conducting educational studies and the study does not release personally identifiable information;
* to accrediting organizations;
* to parents of a dependent student as defined in the Internal Revenue code;
* to comply with a court order or judicially issued subpoena;
* [consistent with an interagency agreement between the school district and juvenile justice agencies]
* in connection with a health or safety emergency; or,
* as directory information.
The building principal shall keep a list of the individuals and their positions who are authorized to view a special education student's records without the permission of the parents or the eligible student. This list must be available for public inspection and updated annually. Individuals not listed are not allowed access without parental or an eligible student's written permission.
The building principal shall also keep a list of all individuals, agencies and organizations which have requested or obtained access to a student's records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records. This list for a student record may be accessed by the parents, the eligible student and the custodian of student records.
Permanent student records, including a student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed shall be maintained without time limitation. Permanent student records must be kept in a fire-safe vault.
When personally identifiable information, other than permanent student records, no longer needs to be maintained by the school district to provide educational services to a special education student, the parents or eligible student shall be notified. If the parents or eligible student request that the records be destroyed, the school district will destroy the records. Prior to the destruction of the records, the school district must inform the parents or eligible student of the reasons for which they may want the records maintained. In the absence of parents or an eligible student's request to destroy the records, the school district must maintain the records for at least three years after an individual is determined to be no longer eligible for special education.
[The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system. The school district will enter into an interagency agreement with the juvenile justice agencies (agencies) involved.
The purpose of the agreement is to allow for the sharing of information prior to a student’s adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.
The school district may share any information with the agencies contained in a student’s permanent record, which is directly related to the juvenile justice system’s ability to effectively serve the student. Prior to adjudication information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order. Information contained in a student’s permanent record may be disclosed by the school district to the agencies after adjudication only with parental consent or a court order. Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family.
Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian. The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.
Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provide by law.
Agencies will contact the principal of the attendance center where the student is currently or was enrolled. the principal will then forward copies of the records within 10 business days of the request.]
It shall be the responsibility of the superintendent to inform the employees about parents' and eligible students' rights under this policy. Employees shall also be informed about the procedures for carrying out this policy.
It shall be the responsibility of the superintendent to annually notify parents and eligible students of their right to inspect and review the student's records. The notice shall be given in a parents' or eligible student's native language. Should the school district collect personal information from students for the purposes of marketing or selling that information, the school district will annually notify parents of such activity.
PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for
marketing purposes, and certain physical exams. These include the right to:
• Consent before students are required to submit to a survey that concerns one or more of the following protected
areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S.
Department of Education (ED)–
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
•Receive notice and an opportunity to opt a student out of –
1. Any other protected information survey, regardless of funding;
2. Any non-emergency, invasive physical exam or screening required as a condition of attendance,
administered by the school or its agent, and not necessary to protect the immediate health and safety of a
student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or
required under State law; and
3. Activities involving collection, disclosure, or use of personal information obtained from students for
marketing or to sell or otherwise distribute the information to others.
•Inspect, upon request and before administration or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or
other distribution purposes; and
3. Instructional material used as part of the educational curriculum.
These rights transfer to from the parents to a student who is 18 years old or an emancipated minor under State law.
The notice shall include a statement that the parents have a right to file a complaint alleging the school district failed comply with this policy. Complaints shall be forwarded to Family Policy and Regulations Office, U.S. Department of Education, 400 Maryland Avenue, Washington, D.C. 20202-4605
Finally, parents and students who feel that they have been mistreated or who feel a district policy has not been properly followed, may file a grievance by following the grievance procedure outlined in your child’s student handbook or by contacting 712-263-2176 for information about the procedures to be followed.
