STUDENTS: RECORDS [LAW]
Supplement
with your school’s definition of the student information to become “Directory Information,”
which can then be publicly disclosed once parents are notified as described
below.
1. Confidentiality of Education Records
The Family Educational Rights and Privacy Act (FERPA)
protects the confidentiality of student education records and grants a parent
or eligible student the right to inspect and review those records.
20 U.S.C. § 1232g.
A. Definition
of Education Records
(1) For the
purposes of this policy, the term “education records” means those records,
files, documents, and other materials that contain information directly related
to a student and that are maintained by an education agency or institution, or
by a person acting for such agency or institution.
(2) The
term “education records” does not include:
(a) Records
that contain only information about a student after s/he is no longer a student
in the school;
(b) 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; or
(c) Records
maintained by a law enforcement unit of the school that were created by that
law enforcement unit for the purpose of law enforcement.
20
U.S.C. § 1232g(a)(4)(A)-(B); 34 C.F.R. § 99.3.
B. Access
to Education Records
(1) Parental Access
(a) Access to the education 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.
(b) The school shall presume that a parent
has authority to inspect and review the student’s records unless the school is
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.
(c) A parent is entitled to 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.
(2) Student
Access
Whenever a student has attained 18
years of age or is attending an institution of post-secondary education, the
rights accorded to, and consent required of, parents transfer from the parents
to the student. 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. §§ 99.5, 99.12(a).
(3) 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. The school shall respond to
reasonable requests for explanations and interpretations of the records.
34 C.F.R. § 99.10.
(4) Access
by Other Persons
(a) Consent
Requirement
FERPA prohibits the school from releasing personally identifiable student information
without prior written consent from one of the following:
(i) A
student’s parent(s);
(ii) A student’s guardian(s); or
(iii) The student, if s/he is at least 18 years
of age or is attending a post-secondary institution.
34
C.F.R. § 99.30.
(b) Majority-Age Students
Consent must be
obtained from the student and not the student’s parent or guardian once a
student has reached the age of 18.
However, student consent is not required for parental access if the
student is considered to be a dependent for federal income tax purposes.
34
C.F.R. §§ 99.3, 99.31(12).
(c) Exceptions
Consent is not
required when the requested information is furnished or provided:
(i) In compliance with a court order or
lawfully-issued subpoena (The school must make a reasonable effort to notify
the parent or student in advance of school’s compliance.);
(ii) To other school officials, including
teachers, who have been determined to have “legitimate educational interests”;
(iii) To other schools or school systems in
which the student seeks or intends to enroll;
(iv) In connection with a student’s
application or receipt of financial aid;
(v) To organizations conducting studies for,
or on behalf of, educational agencies or institutions for the purpose of
developing, validating or administering predictive tests, student aid programs,
and improving instruction;
(vi) To accrediting organizations (e.g., the Texas Education Agency); or
(vii) In connection with a health and safety
emergency. (According to the federal
implementing regulations, “[a]n educational agency … may disclose personally
identifiable information from an education record to appropriate parties in
connection with an emergency if knowledge
of the information is necessary to protect the health or safety of the student
or other individuals.” See 34 C.F.R. § 99.36(a).)
34
C.F.R. § 99.31.
(d) Transfer
Violation
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, the school shall not permit access to
information from education records to that third party for a period of not less
than (5) five years.
20
U.S.C. § 1232g(b)(4)(B).
(e) Record
of Access
(i) The school shall maintain a record,
kept with the education record of each student, which 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, local, and federal officials authorized to audit the operation of the
system.
(ii) The record shall not include requests
for access by, or access granted to, parents of the student or officials of the
school, requests accompanied by prior written consent of the parent, or
requests for directory information.
20
U.S.C. § 1232g(b)(4)(A); 34 C.F.R. § 99.32.
C. Directory Information
A school may release
certain “directory information” without receiving prior consent under certain
conditions.
34 C.F.R. §§ 99.31 (a)(11),
99.37.
(1) “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, 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.
(2) Directory information may be released
only if the school has given public notice to parents or eligible students of:
(a) The
types of information designated as “directory” by the school;
(b) The
parent or eligible student’s right to refuse to allow the release of any or all
types information about the student designated as directory; and
(c) The period of time within which a parent
or eligible student may submit written notification of his/her refusal to allow
disclosure of directory information by the school.
34
C.F.R. §§ 99.3, 99.37.
D. Fees for Copies
The school may charge
a reasonable fee for a copy of an education record unless the imposition of the
fee prevents a parent or eligible student from exercising his/her right to
inspect and review the record.
20
U.S.C. § 1232g(a)(1)(A); 34 C.F.R. § 99.11;
E. Right
to Amend
The parent of a student whose records are
covered by this policy may ask the school to amend the student’s record 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/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,
the school 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, 99.21.
F. Annual
Notification of Rights
The school shall give parents of
students in attendance and eligible students in attendance annual notification
of their rights under FERPA and of the places where copies of this 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 C.F.R. § 99.7.
G. Destruction
of Records
The school 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).
2. 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 C.F.R. § 300.562(a).
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;
(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;
(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 C.F.R. §§ 300.562-.563.
B. Access
Record
The
date of access shall be included in the access record.
34
C.F.R. § 300.563.
C. 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 (IDEA) 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 FERPA.
34
C.F.R. § 300.571.
D. 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.
E. Confidentiality
The school shall protect the
confidentiality of personally identifiable information in collection, storage,
disclosure, and destruction of records.
One official in the school 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 positions of employees who may
have access to such information.
34
C.F.R. § 300.572.
F. Records Retention
The
school shall retain education records of students with disabilities for at
least five (5) years[*]
after the student’s graduation or dismissal from special education.
34
C.F.R. § 75.734.
G. Destruction of Information
(1) 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.
(2) 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
C.F.R. § 300.573.
3. Academic Achievement Records (Grades
9-12)
The school shall use the academic
achievement record (transcript) form adopted by the State Board of
Education. This form shall serve as the
academic record for each student and shall be maintained permanently by the
school. Copies of the record shall be
made available to students transferring to another school. The information may be provided to the
student or to the receiving school or to both.
The school shall respond promptly to all requests for student records
from receiving schools.
19
4. 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 campus, 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.
5. Screening Records
The
school shall maintain records of screening for special senses and communication
disorders, 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 the school and inspect records relating to screening
for acanthosis nigricans.
20 U.S.C. § 1232g;
6. Immunization Records
The
school 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 local health departments or the
Texas Department of Health. The school
shall cooperate with other schools in transferring student’s immunization
records. Specific approval from
students, parents, or guardians is not required prior to making such record
transfers.
7. Medical Records
The parent/guardian of a student is
entitled to access to the student’s medical records maintained by the
school. On request by a student’s
parent/guardian, the school shall provide a copy of the student’s medical
records to the parent/guardian. The
school may not impose a charge that exceeds the amount authorized by § 552.261
of the Tex. Gov’t Code.
[*]According
to the Texas State Library and Archives Commission, the school shall retain
education records of students with disabilities for at least seven (7) years
after the cessation of services. Available at http://www.tsl.state.tx.us/.