5500
STUDENT RECORDS
The Board of Education recognizes the legal requirement to maintain the confidentiality of student records. The procedures for the confidentiality of student records shall be consistent with federal statutes, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations, and the Commissioners Regulations.
The Board also recognizes its responsibility under the Local Government Records Law to ensure the orderly retention and disposition of the districts student records.
The Superintendent of Schools shall be responsible for ensuring that all requirements under federal statutes and Commissioners Regulations shall be carried out by the district.
Annual Notification
At the beginning of each school year, the district shall publish in a local newspaper a notice to parent(s) or guardian(s) and students 18 years of age or older (eligible students) currently in attendance of their rights under FERPA and this policy. The district shall also send home a bulletin listing these rights, which will also be included with a packet of material provided parents or an eligible student when the student enrolls during the school year.
The notice must include a statement that the parent or eligible student has a right to:
1. inspect and review the students education records;
2. a specification of the intent of the school district to limit the disclosure of personally identifiable information contained in a students education records except:
a. by prior written consent of the students parent(s) or guardian(s) or the eligible student;
b. as directory information; or
c. under certain limited circumstances, as permitted by FERPA.
3. request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the students privacy or other rights;
4. file a complaint with the U.S. Department of Education alleging failure of the district to comply with FERPA and its regulations; and
5. obtain copies of this policy and the locations where copies may be obtained.
5500
The policy applicable to the release of student directory information (see 2.b above) applies equally to military recruiters, the media, colleges and universities, and prospective employers. Directory information includes, but is not limited to, the following: the student's name, parents' names, address, telephone number, date and place of birth, participation in school activities or sports, weight and height if a member of an athletic team, dates of attendance, degrees and awards received, and most recent educational institution attended. Parents and eligible students may choose not to allow the district to release directory information.
The district shall arrange to provide translation of this notice to non-English speaking parents in their native language.
Cross-ref: 1120, School District Records
4321, Programs for Students with Disabilities
5170, Student Attendance Accounting
5311, Student Rights and Responsibilities
5460, Suspected Child Abuse and Maltreatment
5470, Missing Children
Ref: Family Educational Rights & Privacy Act 20 USC 1232g; 34 CFR Part 99
Education Law ''2(13); 225; 301
Public Officers Law '87(2)(a)
Arts and Cultural Affairs Law, Article 57-A
Civil Practice Law and Rules ''2303; 2307
Matter of Board of Education of City of
8 NYCRR Part 185
Records
Retention and Disposition Schedules for Use by
Adoption
date:
5500-R
STUDENT RECORDS REGULATION
It is recognized that the confidentiality of pupil records must be maintained. The following necessary procedures have been adopted to guarantee the protection of pupil records.
Section 1. Pursuant to the AFamily Educational Rights and Privacy Act of 1974 it shall be the policy of this school district with respect to parents or guardians of a student under 18 years of age and with respect to students 18 years of age or older (an eligible student) to permit such persons to inspect and review any and all official records, files and data directly related to that student, including all materials that are incorporated into each students cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns.
Estranged parents or guardians of students under 18 years of age shall have access to student records, upon written request to the proper school authorities, regardless of custodial rights. The district shall only deny access to student records when a custodial parent or guardian with whom the student resides provides a court order which specifically prohibits a parent or guardian such access rights.
Section 2. Parents or guardians of a student under 18 years of age or an eligible student shall have an opportunity for a hearing to challenge the content of that students school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.
Section 3. In order to implement the rights provided for in Sections 1 and 2 hereof, the following procedures are adopted:
1. A parent or guardian of a student under 18 years of age or an eligible student shall make a request for access to that students school records, in writing, to the Superintendent of Schools. Upon receipt of such request, arrangements shall be made to provide access to such records within thirty (30) days after the request has been received.
5500-R
2. A parent or guardian of a student under 18 years of age or an eligible student, who wishes to challenge the contents of that students school records, shall submit a request, in writing, identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student together with a statement with the reasons for their challenge to the record to the Superintendent.
3. Upon receipt of a written challenge, the Superintendent shall provide a written response indicating either that he/she finds the challenged record inaccurate, misleading or otherwise in violation and it will be corrected or deleted, or that he/she finds no basis for correcting or deleting the record in question, but that the parent/guardian or eligible student will be given an opportunity for a hearing. Such written response by the Superintendent shall be provided the parent/guardian or eligible student within fourteen (14) days after receipt of the written challenge. Said response shall also outline the procedures to be followed with respect to a hearing, if desired by the parent/guardian or eligible student.
4. Within fourteen (14) days of receipt of the response from the Superintendent a parent/guardian or eligible student may request, in writing, that a hearing be held to review the determination of the Superintendent.
Section 4. Student records, and any material contained herein which is personally identifiable, are confidential and may not be released or made available to persons other than parents/guardians or students without the written consent of parents/guardians of students 18 years of age or younger. Such records and material may be made available without the written consent of parents/guardians or eligible students in the following cases:
1. to other school officials, including teachers within the district who have legitimate educational interests;
2. to officials of another school in which the student intends to enroll, if the parents/guardians or student are notified of the transfer of records, are given a copy if they desire one, and have an opportunity for a hearing to challenge the content of the records;
3. to authorized representatives of certain designated federal and state agencies, including state educational authorities, for the purpose of the audit and in connection with the enforcement of federal legal requirements;
4. in connection with a students application for or receipt of financial aid; and
5. pursuant to court order or subpoena, after notification to the parent/guardian or eligible student.
5500-R
Section 5. Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions indicated in Section 4 hereof, the parent or guardian of a student under 18 years of age or an eligible student must file a written consent to such action and any third party to whom such records have been made available must sign a written statement that he/she will not further release such records without the consent of the parent/guardian or eligible student.
Section 6. All persons requesting access to such records except for those persons provided for in subdivision 1 of Section 4 hereof, state agencies provided for in subdivision 3 of Section 4 hereof and those persons provided for in subdivision 5 of Section 4 hereof shall be required to sign a written form which indicates a legitimate educational or other interest that such person has in inspecting the records. Such form shall be kept with the students file. See Exhibit 5500-E.3.
Section 7. Whenever the district is requested to forward a students school records, including health records, to a neighboring public school district within this BOCES, the following procedures shall be followed:
1. A students school records, including health records, shall be forwarded to the neighboring public school district from which such a request is made upon the receipt of a request by the appropriate administrator of the requesting district.
2. The prior written consent of the students parents/guardians or eligible student shall not be necessary. However, upon the forwarding of the students records, the parent(s) or guardian(s) of the student or eligible student shall be notified in writing that the records have been transferred.
Such notice shall be by certified letter, return receipt requested and such letter shall be forwarded to the parents/guardian or eligible student not later than the close of business of the day upon which the students records are forwarded to the neighboring district.
Section 8. All instructional material, including teachers manuals, which are used in connection with a research or experimental program must be available for inspection by the parents or guardians of the children engaged in such program.
Research or experimentation program or project@ is defined as a program or project Adesigned to explore or develop new or unproven teaching methods or techniques.
Section 9. A letter shall be sent to parents or guardians of students under 18 years of age and to eligible students informing them of their rights pursuant to the AFamily Educational Rights and Privacy Act of 1974 See Exhibit 5500-E.1.
5500-R
Retention and Disposition of Student Records
The
Board adheres to state and federal law and regulations governing the retention
and disposition of student records, including the Records Retention and
Disposition Schedule ED-1 setting forth the minimum length of time school
district records must be retained. Student records that have been kept in
excess of the minimum retention periods outlined in the schedule will be disposed of, except in the following
cases:
1. Records being used in legal actions must be kept for one year after the legal action ends, or until the scheduled retention period has passed, whichever is longer.
2. The school district will not destroy any education records while there is an outstanding request to inspect and review them.
3. Records being kept beyond the established retention period at the request of state or federal agencies will be kept until the district/BOCES receives the audit report, or the need is satisfied.
4. Personally-identifiable special education records which may be useful to a child when applying for social security or other benefits and which have been requested by a parent/guardian or eligible child may be kept beyond the minimum period of time.
5. Any school records predating 1910 require express written permission from the State Archives and Records Administration.
6. Any other records with sufficient administrative, fiscal, legal or historical value.
7. No record may be disposed of unless it is listed on this schedule or its disposition is covered by other laws. In cases where the school district is uncertain as to the length of time a record must be kept, the district will contact the State Education Department.
For purposes of this regulation, the disposition of student records means the physical destruction, removal of personal identifiers from information so that it is no longer personally-identifiable, sale, gift, or other authorized means of disposal.
Some of the student records and their minimum retention dates are as follows:
General Student Records
A students cumulative achievement record including information on school entry, withdrawal and graduation, subjects taken and grades received from examinations will be kept permanently. Other records will be kept for the minimum period of time listed in the schedule (see ED-1).
5500-R
Health Records
A
students cumulative health record shall be kept until the student attains age
27. A students psychological or social
assessment record file including a report regarding students ability,
personality, family, and environmental influences will be kept 6 years after the report has been written.
Other health records will be kept for the minimum period of time listed in the
schedule (see ED-1).
Special Education Records
The basic records in a students special education file including a students most recent Individual Education Program (IEP), student information sheet and summary record will be kept 6 years after the student receives diploma or 6 years after student attains age 21, whichever is shorter. Other special education records in that file will be kept for the minimum period of time outlined in the schedule (see ED-1).
In accordance with federal regulations, the school shall inform parents/guardians when personally-identifiable information that has been collected is no longer needed to provide educational services to the student. In informing parents/guardians about their rights, the school will remind them that these records may be needed by the child in connection with applications for social security or other benefits. If the parents/guardians then request that the information be destroyed and the school determines that the information is no longer needed to provide educational services to the student, the personally-identifiable information must be destroyed. However, a permanent record of a students name, address, phone number, his/her grades, attendance record, classes attended, grade level completed and year completed will be kept without time limitation.
Personally-identifiable information on a child with a disability may be retained permanently unless the parents/guardians or eligible child request that it be destroyed.
Pursuant to the Family Educational Rights and Privacy Act and taking into consideration the age of the student and the type or severity of disability, the district may transfer the rights of parents/guardians regarding Special Education records to the student when the student became 18 years of age.
Adoption date: June 24, 1998
5500-E.1
Dear Parent or Guardian or Student:
This is to advise you of your rights with respect to the school records relating to (your son) (your daughter) (you) pursuant to the Federal "Family Educational Rights and Privacy Act of 1974."
Parents/Guardians of a student under 18, or a student 18 or older, have a right to inspect and review any and all official records, files, and data directly related to their children, including all material that is incorporated into each student's cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns.
A parent or guardian of a student under 18 years of age or a student 18 years of age or older shall make a request for access to that student's school records, in writing, to the Superintendent of Schools. Upon receipt of such request, arrangements shall be made to provide access to such records within a reasonable period of time, but in any case, not more than forty-five (45) days after the request has been received.
Such parent(s) or guardian(s) and students are also entitled to an opportunity for a hearing to challenge the content of such records, to ensure that they are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate misleading, or otherwise inappropriate data contained therein. Any questions concerning the procedure to be followed in requesting such a hearing should be directed to the Superintendent.
Student records, and any material contained therein which is personally identifiable, are confidential and may not be released or made available to persons other than parent(s) or guardian(s) or students without the written consent of such parent(s) or guardian(s) or student. There are a number of exceptions to this rule, such as other school employees and officials, and certain state and federal officials, who have a legitimate educational need for access to such records in the course of their employment.
Sincerely yours,
SUPERINTENDENT OF SCHOOLS
Adoption date: June 24, 1998
5500-E.2
NOTIFICATION OF RELEASE OF STUDENT RECORDS
PURSUANT
TO COURT ORDER OR SUBPOENA
TO:
Parent or Guardian - Student
Address
The purpose of this notice is to notify you that on (date),
the Roxbury Central School District released the following documents:
from your child's (your own) student records to
pursuant to a court order or subpoena, a copy of which is attached hereto.
Signature Date
Adoption date: June 24, 1998
5500-E.3
APPLICATION
TO REVIEW STUDENT RECORDS
BY
PARTIES ENTITLED THERETO
WITHOUT CONSENT OF PARENT/GUARDIAN OR STUDENT
I,________________________________________________________________,
have hereby requested access to
records for the following reasons:
Said records will not be made available to any other person or persons without the
specific written consent of
(Parent/Guardian - Student)
Signature Date
Adoption date: June 24, 1998
5500-E.4
APPLICATION TO REVIEW STUDENT'S RECORDS AND
CONSENT THERETO BY PARENT/GUARDIAN OR STUDENT
APPLICATION
I,________________________________________________________________,
have hereby requested access to
records for the following reasons:
Said records will not be made available to any other person or persons
without the specific written consent of
(Parent/Guardian - Student)
Signature Date
CONSENT
I hereby consent that
have access to my child's (to my) records with the understanding that such records
will not be released by him/her to other persons without my further consent.
Signature Date
Adoption date: June 24, 1998
5500.1
Access
to Special education records
Parents may inspect and review any education records, as defined by the Family Educational Rights and Privacy Act and Policy Numbers 5500 and 5500-R, relating to their child that are collected, maintained or used by the district in connection with the review, identification, evaluation and educational placement of their child.
The district shall respond to any written request to review records without unnecessary delay and before any CSE meeting or impartial hearing or within 45 days, whichever is earlier. The records shall be made available during the school day from 8:00 a.m. to 3:30 p.m. The records will be supervised at all times by a school staff member.
The district shall respond to reasonable requests for explanations and interpretations of the records.
Parents may obtain a copy of their child's education records upon payment of .25 cents per copy, unless such charge prevents the parents from inspecting and reviewing the records.
Adoption date: September 12, 2001