J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
For the purpose of this policy, Lake Arthur
Municipal Schools (the District) uses the following definitions of terms.
Student
“Student” Any person who is enrolled and attends or
has attended a school in the District.
The term does not include an individual who has not been in
attendance at an educational agency or institution or a person who has
applied for admission to, but has never been in attendance at a component
unit of an institution.
Eligible Student
“Eligible student” means a student or a former
student who has attained eighteen years of age, or is attending an
institution of post-secondary education.
Parent or
Guardian
“Parent” includes either natural parent of a
student, a guardian, or an individual who is authorized and has written
permission to act as a parent of a student in the absence of a parent or
guardian. An educational agency
or institution may presume the parent(s) has the authority to exercise the
rights inherent in the act unless the agency or institution has been
provided with evidence that there is a State law, court order, or other
legally binding document governing such matters as divorce, separation, or
custody which specifically revokes these rights.
School Official
A person employed by the District as an
administrator, supervisor, instructor, or support staff member, including
health or medical staff, a person elected to the School Board; a person
employed by or under contract to the District to perform a special task,
such as attorney, auditor, medical consultant, or therapist; a person who is
employed by the District for law enforcement purposes.
Legitimate
Educational Interest
An interest is
deemed legitimate if the School Official is performing a task that is
specified in his or her position description or by contractual agreement in
connection with the operation, maintenance, management, or programs and
functions of the School District; performing a task related to the student’s
education; performing a task related to the discipline of a student;
providing a service or benefit relating to the student or student’s family,
such as healthcare, counseling, job placement, or financial aid; maintaining
the safety and security of the campus.
Page 1 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
Education
records
Any record (in handwriting, print, tapes, film, or
other medium) maintained by the District, or an agent of the District which
contains information directly related to a student except:
1.
A personal
record kept by a staff member if it is kept in the sole possession of the
maker of the record and is not accessible or revealed to any other person
except a temporary substitute for the maker of the record.
2.
Records created
and maintained by the District Law Enforcement Unit for law enforcement
purpose.
3.
An employment
record which relates exclusively to an individual in his or her capacity as
an employee of the District and which is not available for other use.
4.
Alumni records
which contain information about a student after he or she is no longer in
attendance at the District and do not relate to the person as a student.
Directory
Information
“Directory information” can be disclosed from
student records without student or parent consent.
It includes the student’s name, address, telephone listing,
electronic mail address, date and place of birth, grade level, enrollment
status major field of study, participation in officially recognized
activities and sports, weight and height of members of athletic teams, dates
of attendance, degrees and awards received, the most recent previous
educational agency attended and student’s photograph.
SECTION II:
EDUCATION RECORD
1.
The District
shall maintain a cumulative folder for each student attending its schools.
The cumulative record shall contain all educational records
identified in the definition previously stated and not include any record
that qualifies as an exception to the definition.
Records kept by teachers, counselors, nurses or other health workers,
or supervisory or administrative personnel that are in the sole possession
of the maker and are not revealed to any other person except a substitute
who is performing duties and responsibilities of that person in his/her
absence are not part of the student cumulative folder except a substitute;
Page 2 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
2.
The following types of files shall be considered education records
and shall be included in the cumulative file:
a.
Identification
information, including name, sex, race, birthplace, and birth date;
b.
Family data;
c.
Medical health records and emergency medical information
d.
Attendance records;
e.
Academic or scholastic records;
f.
Standardized test scores;
g.
Records of interest, activities, and honors;
h.
Records of
educational or vocational plans;
i.
Records of
interests, activities and honors;
j.
Teacher
evaluations, if shared with anyone else;
k.
Counselor
evaluations, if shared with anyone else;
l.
Divorce
decrees/custody papers;
m.
Information
pertaining to special services provided for students;
n.
Records of
incidents of unsatisfactory behavior or imposition of discipline.
k.
Other education records kept by individual school units.
3.
The following
types of records are kept in the district and are NOT kept in cumulative
folders (all records are locked in secure storage.):
Type
Location
Custodian
a.
Special education
Principal’s Office
Principal,
Special
Education Office
Sp. Ed. Coordinator
b.
Unsatisfactory
Principal’s Office
SAT Chairperson,
behavior records
SAT File Room
SAT Coordinator
c.
Student
assistance
Principal’s Office
SAT Chairperson,
Records
SAT File Room
SAT Coordinator
d.
Counseling records
Counselor’s Office
Counselor
e.
Health records
Nurse’s Office
Nurse
f.
Child abuse records
Principal’s Office
Principal, Nurse
g.
Chapter 1 records
Principal’s Office
Principal,
Chapter I Office
Chapter I Coordinator
h.
Bilingual records
Principal’s Office
Principal,
Bilingual Education Office
Bil. Ed. Coordinator
i.
Anecdotal records
Principal’s Office
Principal,
Teacher’s Classroom
Teacher
Page 3 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
4.
Current Students
Cumulative School Records shall be kept in an area of the
school
designated by the Principal.
5.
school within
the district, the cumulative folder shall be kept in the Principal’s
office for no
longer than three years and thereafter the records will be stored in a
central location
or at each school site.
6.
The Principal of
each school is responsible for maintaining the cumulative
school records
of students attending that school.
7.
Records that may
be purged shall be removed from the record and properly
disposed of
unless for a review by a parent or student.
Unnecessary and outdated
(as defined by
the documents in Retention of Records) material may be deleted
from the
student’s record at any time except
when a request for a review by a
parent or
student is pending. At a
minimum, the student’s records shall be
reviewed for
unnecessary and outdated information when the student completes
elementary
school, middle school, and/or high school.
SECTION III:
NOTICE TO PARENTS OR STUDENTS
In compliance with 34
C.F.R. Section 99.7 of the regulations adopted pursuant to the Family
Educational Rights and Privacy Act (FERPA) shall be made by the Board of
Education and said declaration shall be published annually to all parents of
students currently attending the Lake Arthur Municipal Schools and all
students currently attending school who have reached the age of eighteen.
1.
Annual publication in student handbook or;
2.
Letter sent vis U.S. Mail at the beginning of the
academic year.
The notice shall be in
a form substantially similar to that attached as Appendix A to this policy.
Page 4 of 28
|
Board Policy |
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
The Family Education
Rights and Privacy Act (FERPA) is a Federal law that governs the maintenance
of student records. Under that
law parents of students or students if they are at least eighteen have the
right to inspect records kept by the school about the student and the right
to correct inaccuracies in the record.
Access to the records by persons other than the parent or the student
is limited and generally requires prior consent by the parent or the
student. The District has
adopted a written policy governing all the rights of parents and students
under FERPA. Copies of this
policy may be found in the Superintendent’s office and in the Principal’s
office of each school within the system.
The District classifies the following as directory
information: the student’s
name, grade in school, name of school, participation in officially
recognized activities and sports, weight and height of members of athletic
teams, and degrees and awards received.
School officials may release directory information
to any person without the consent of the parents of the student.
Any parent or eligible student who objects to the release of any or
all of this information without consent must notify, in writing, the
Principal of the school where all the records are kept within fifteen days
following the date of the publication of the declaration.
The objection must state what information the parent or student does
not want to be classified as directory information.
If no objection is received by two weeks after the publication of the
declaration, the information will be classified as directory until the
beginning of the next school year.
Page 5 of 28
|
Board Policy |
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION IV:
LEVELS OF STUDENT EDUCATIONAL INFORMATION
LEVEL A - BASIC
IDENTIFYING INFORMATION (information can be given out without parents
consent to those listed in disclosure category only)
|
WHAT IS
IT? |
HOW
IS IT OBTAINED? |
HOW IS
IT USED? |
TO WHOM
MAY IT BE DISCLOSED? |
|
Name and
sex |
From
parent or guardian |
To
personally identify the student |
Professionals working with the student |
|
Birthdate and birthplace |
From the
previous school on request, received in written form
From
parent or guardian |
As
directory information (i.e., student roster, reports to central
administration, the SEA, or the Office of Education, etc. (excluding
health information) |
Other
educational agencies upon request |
|
Home
address, phone number, parent or guardian name, address, phone
number |
Routing
required screening |
As
directory information |
Parent
or the student if 18 years of age or older, upon request |
|
Names
and dates of schools attended, location, and principal’s name |
From
students and/or parents/guardians |
To
determine educational history |
State
and federal agencies responsible for monitoring educational programs |
|
Current
health information/major physical restrictions (i.e., medication,
allergies, screening results, immunizations, etc.) |
From
parents/guardians
Appropriate documentation |
To
identify student health concerns and develop case plans |
School
health providers and other designated professionals working with the
student. Student health
personnel should be available to interpret. |
|
Academic
information (i.e., major area of study |
School
records |
To
determine educational history/background |
Other
individuals/ institutions, but only with parents/guardians release. |
Page 6 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION IV
LEVELS OF STUDENT EDUCATIONAL INFORMATION
LEVEL B - VARIED
INFORMATION ON FUNCTIONING OR PERFORMANCE
|
WHAT IS
IT? |
HOW IS
IT OBTAINED? |
HOW IS
IT USED? |
TO WHOM
MAY IT BE DISCLOSED? |
|
Results
of group standardized achievements tests |
Development at current school or by commercial vendor |
To
assist in development of an individualized educational program |
Other
educational agencies with appropriate waivers |
|
Results
of group standard-intelligence and aptitude tests |
On
written request of attendance |
To
assist in reporting and assessing performance |
Other
educational agencies with appropriate waivers |
|
Other
group information (i.e., group immunizations, drop outs, etc.),
incidence and prevalence survey |
From
individual student records |
To
continue student are and support |
Professionals or agencies doing studies, if parents/guardians
waivers are obtained |
|
|
From
parents/guardians, health records, students, outside professionals |
To
support student health care needs, develop plans, etc. |
Parent
of the student, if 18 years of age or older, nursing personnel,
student nurses. Need
consent. |
|
Group
and or individual results of incidents
and prevalence data (i.e., immunizations, medical history,
etc.) |
From
institutions and/or parents (Permission of parents/guardians is
required) |
Health
data compilation, incidence reports on student care |
State
and federal agencies responsible for monitoring education programs,
others as per parents/guardians permission |
Page 7 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION IV:
LEVELS OF STUDENT EDUCATIONAL INFORMATION
LEVEL C - TENTATIVE, HIGHLY PERSONAL, BUT CRITICAL
TO PROGRAMMING (parent
permission required)
|
WHAT IS
IT? |
HOW IS
IT OBTAINED? |
HOW IS
IT USED? |
TO WHOM
MAY IT BE DISCLOSED? |
|
Specialized reports of professionals who have screened, assessed
and/or evaluated the student, (i.e., psychologist, social worker,
diagnostician, physician’s medical assessment and individual
evaluation as it pertains to placement in a school program, etc.) |
Outside
agencies, district testing, best in summary form |
To
assist in the development of an individualized educational program,
particularly in the case of a severely disabled student. |
Professionals, who have contract with the District, and working
directly with the student.
Others with parents/guardians release.
Special written request to the previous school when
justification for its need is made |
|
Specialized reports from outside agencies or specialists (i.e.,
private schools, social service agencies, vocational rehabilitation,
hospitals, etc.) |
Briefer
reports obtained through direct contact. |
To
support the educational needs of the student. |
Parent
or the student if 18 years of age or older.
Others with parents/guardians consent |
|
Problems
teachers should be aware of |
Student
and parent information and care |
To
support the educational program for the student |
Authorized officials monitoring compliance with federal law. |
|
Health
office records (i.e., nursing process notes (detailed), health logs,
health conditions/diseases, results of specialized testing)
Nursing
process notes, treatment records and chronic health problems |
Parent’s/guardian’s documentation from health providers |
To
support the health care needs of students |
State
guidelines vary with regard to requirements for parent consent to
release this information.
In any case, parent consent is mandatory. |
Page 8 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION IV:
LEVELS OF STUDENT EDUCATIONAL INFORMATION
LEVEL C - TENTATIVE, HIGHLY PERSONAL, BUT CRITICAL
TO PROGRAMMING (Parent permission is required) - (Continued)
|
WHAT IS
THIS? |
HOW IS
IT
OBTAINED? |
HOW IS
IT USED? |
TO WHOM
MAY IT BE DISCLOSED? |
|
Anecdotal records (notes kept by the teacher, nurse, counselor,
etc., on a student that are not shared with anyone except
substitute) - *Cannot be released to anyone. |
Generated by teachers, nurses, counselor, etc. |
For
one’s own information in assistance with student |
No one
except substitute. If
supervisor will be the substitute, may be shared |
|
Student
Assistance Program (SAP) Records |
Parents/guardians, students, professionals’ assessments |
To
support the student |
Parents
with consent of student, student and SAP personnel |
|
General
medical history (i.e., diseases, treatment, health problems, etc.) |
|
|
|
|
Administrative history (i.e., awards, family backgrounds, reports of
disciplinary action, etc.) |
Parents/guardians |
|
To those
for whom parents/guardians have approved |
|
All
matters concerning reports of suspected child abuse should be
classified as highly protected.
The school copy of the referral form of suspected abuse
should be kept in extra confidential file developed for such
programs with access to school nurses and specific
administrators. |
Student,
nurses, counselor, teachers |
A note
that referral was made should be on school health records. |
Court
order required |
Page 9 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION V:
RIGHTS OF PARENTS TO REVIEW AND INSPECT
RECORDS
A.
Those who have
the right to inspect and review the cumulative record folder kept about the
student include (1) parents/legal guardians of students who are under
eighteen years of age, (2) parents/legal guardians who claim students who
are at least eighteen years as dependents under Section 152 of Internal
Revenue Code, and (3) students who are at least eighteen years of age.
B.
It is presumed
that parents of students who have not yet reached the age of twenty-one who
are currently attending school claim the student as a dependent for tax
purposes. Any student (between
the ages of eighteen and twenty-one) (at least eighteen years of age
attending school within the unit) who does not want the parents/legal
guardians to have access to the cumulative folder must so inform the
Principal of the school where the records are kept and prove that the
students is not a tax dependent of the parents/legal guardians.
If a parent/legal guardian of a student (who is eighteen or older and
no longer attending a school within the District) wishes to inspect and
review the child’s cumulative record file, the parent must prove to the
Principal that the student is claimed as a dependent for federal income tax
purposes.
C.
Parents/legal
guardians or eligible students who wish to inspect and review the education
records should submit a request in writing to the Principal who shall
schedule the review. The
written request is to identify as precisely as possible the record or
records he or she wishes to inspect.
The principal (or appropriate school authority) will make the
needed arrangements for access as promptly as possible and notify the parent
or eligible student of the time and place where the records may be
inspected. Effort will be made
by the school district to set an appointment within fifteen (15) days after
the request was made. Access
for the inspection and review must be given in forty-five (45) days or less
from the date of receipt of the request.
Page 10 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
appropriate
professional competent in interpreting student records shall be
present to
explain the implications of the
records that are examined.
A.
The Student
Assistance Team (SAT) functions as a “core team” that meets
regularly about
student concerns. In order to
share confidential information
among team
members, the SAT can a) obtain consent for student and for
parent or b)
designate the SAT as “the program” that is subject to FERPA.
Thus team
members are now regulated by federal confidentiality regulation.
Training of the
SAT members in observing confidentiality shall be the
responsibility
of the SAT coordinator.
Page 11 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
B.
Records of
student assistance team meetings shall be kept locked on site in the
possession of
the SAT chairperson. Records
are kept at central office (locked)
when school is
out of session. Parents/legal
guardians have the right to
inspect records
with District SAT coordinator present.
Students must be
informed about
these FERPA guidelines.
Students should also be informed
that the
Confidentiality of Alcohol and Drug Abuse Patient Records
regulations are
in conflict with FERPA. The
district should seek permission
from students
for parent access. Student
refusal and then parent/legal
guardian request
could involve court proceedings by the District.
Counseling
notes or
evaluations of individual students are not subject to inspection.
SECTION VII:
REFUSAL TO PROVIDE COPIES
The District reserves the right to deny a parent or
eligible student a copy of the student’s education records in the following
circumstances, unless failure to provide a copy would effectively prevent
the parent or eligible student the right to inspect and review education
records:
1.
The parent or
student has an unpaid financial obligation to the District.
2.
The education
record requested is an exam or set of standardized test questions, covered
by the publishers restriction(s) or copyright.
SECTION VIII:
FEES FOR COPIES OF RECORDS
The school district shall be entitled to charge a reasonable fee for
copies of records which will include copy time and postage.
Page 12 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION IX:
TYPE, LOCATIONS, AND CUSTODIANS OF EDUCATIONAL
RECORDS
A.
CLASSIFICATION
AND MAINTENANCE OF RECORDS – CUMULATIVE
RECORDS
1.
The schools
shall maintain a cumulative folder for each student.
The
cumulative
record folder shall contain all written records directly related to
a student that
are kept by the school unit except (1) records kept by
teachers,
counselor, nurses, or supervisory or administrative personnel that
are in sole
possession of the maker and are not revealed to any other
person except a
substitute (2) employment records of student employees if
those records
are not made available for any other use; (3) records may be
kept solely for
law enforcement purposes, and are not disclosed to anyone
other than law
enforcement officials of the same jurisdiction, and if the
law enforcement
officers do not have access to the student’s cumulative
folder.
2.
The following
types of records may be kept in cumulative record folders:
a.
Identification
information, including name, sex, race, birthplace, and
birthdate;
b.
Birth data;
c.
Medical health
records and emergency medical information;
d.
Attendance
records;
e.
Scholastic
records;
f.
Standardized
test scores;
g.
Records of
interest, activities, and honors;
h.
Records of
educational or vocational plans;
i.
Retention/promotion evaluation;
j.
Information
pertaining to special services provided for students (i.e., SAT);
k.
Other
educational records kept by individual school unit.
Page 13 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
3.
Cumulative
records shall be kept in a fireproof area of the school designated
by
the
Principal. If the student no
longer attends a school within the district, the
cumulative record folder shall be kept in the Principal’s office for no
longer than
three
years and thereafter the record will be stored in a central office.
4.
The Principal of
each school is responsible for maintaining the cumulative
record folders
of students attending that school.
5.
Unnecessary and
outdated material may be deleted from the student’s record at any time
except when a request for a review by a parent/legal guardian or student is
pending. At a minimum, the
student’s records shall be reviewed for unnecessary and outdated information
when the student completes elementary school, mid-school, and high school.
B.
OTHER RECORDS
MAINTAINED IN THE SCHOOL DISTRICT OR ITS
1.
Health records
are kept in the nurse’s office (for three years and then stored in a central
location). Health records will
be kept on all students. This
information will be maintained in each student’s cumulative record.
The cumulative record is incomplete without a health card.
The student’s health record will be kept on the health card in the
nurse’s office. Only deviations
from normal which might affect classroom work or behavior will be recorded
on the cumulative record. This
information is confidential.
2.
Special
Education records are kept in the Special Education Office.
3.
Student
Assistance Program records (See Section V)
4.
School
transportation records are kept in the District’s Transportation Department.
Please note:
all records shall be kept in fireproof area/cabinets.
Page 14 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION X:
DISCLOSURES OF EDUCATION RECORDS
The District
will disclose information from a student’s education records only with the
written consent of the parent or eligible student, except that the District
may disclose or permit inspection or disclosure, without consent when
disclosure is for the reasons enumerated below:
Disclosure to
Person(s) Other Than Parents or Students
A.
Persons
authorized to have access to education records:
1.
Schools within
the system may, without the consent of either the student or the parent,
disclose information kept in the student’s cumulative record folder to the
following persons:
a.
School officials
who have a legitimate educational interest in the records, including for
purposes of related financial aid.
The term
school official includes any individual as defined in the definitions
Section I. The Principal of the school where the records are kept determines
whether a school official is seeking the information to carry out official
duty and whether the specific information sought will help in carrying out
that duty.
2.
To officials of another school, upon request, in
which a student seeks or intends to enroll.
In such a case, the parent or eligible student shall receive notice
of request.
3.
Authorized representatives of the Comptroller
General of the United
States; the Commissioner of Education, or
officials of the
State Department of Education if they seek the
information in
connection with either the audit and
evaluation of state or federally
funded programs or the enforcement of state or
federal legal
requirements that relate to those programs.
4.
Persons or organizations conducting
education-related studies for or on
behalf of the District.
Any report released on the basis of data collected under this
paragraph may not include information that personally identifies students or
their parents.
Page 15 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
5.
Persons in
connection with a student’s request for or receipt of financial aid to
determine the eligibility, amount, or conditions of the financial aid, or to
enforce the conditions of the aid. To State and local officials or
authorities if specifically required by State law adopted before
6.
To appropriate
parties in a health or safety emergency, or in connection with any
investigation of child abuse or neglect if knowledge of the information is
necessary to protect the health or safety of the student or other
individuals.
a.
A school
district must obtain the written consent of a student or parent before
submitting a student to psychiatric or psychological examination, testing,
counseling group, or treatment where the primary purpose is to reveal
information concerning:
(1)
Political
affiliations.
(2)
Mental and
psychological problems potentially embarrassing to the student or family.
(3)
Sex behavior and
attitudes.
(4)
Illegal,
antisocial, self-incriminating, and demeaning behavior.
(5)
Legally
recognized, privileged, and analogous relationships, such as those of
lawyers, physicians, and ministers.
(6)
Income, other
than that required by law to determine eligibility for participation in a
program, or for receiving financial assistance under a program.
b.
Records of the
identify, diagnosis, prognosis, or treatment of any student in connection
with any alcohol or other drug use prevention activity are confidential and
may not be disclosed without the student’s or parent’s written consent,
except:
(1)
To medical
personnel for purposes of treating the student in an emergency.
To qualified personnel conducting scientific research, management
audits, financial audits, or program evaluations who do not identify
individual students.
7.
To accrediting
organizations to carry out their functions.
8.
To parents of an
eligible student if the student is a dependant for tax purposes.
Page 16 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
9.
To comply with a
judicial order or a lawfully issued subpoena.
In such a case, School Officials shall make reasonable efforts to
notify the parent or eligible student to permit them to challenge disclosure
if desired.
10.
State and local
authorities, within a juvenile justice system, pursuant to specific State
law.
11.
The disclosure
is to an alleged victim of any crime of violence, as that term is defined in
Section 16 of title 18, United States Code, of the results of any
disciplinary proceeding conducted by an institution of postsecondary
education against the alleged perpetrator of that crime with respect to that
crime.
12.
To individuals
requesting directory information as designated by the District.
1.
When proper
written consent to the release of such records has been obtained.
If the student is not yet eighteen, one of his parents (or guardian)
must consent to the release. If
the student is eighteen or older, the student must consent to the release.
The consent must be signed and dated and must specify the records to
be disclosed, the purpose for disclosure, and the persons or class of
persons to whom the disclosure may be made.
Upon request, the school shall supply a copy of records released to
the parent or the student who gave them consent.
If the parents
gives consent for a student, the parent may request that a
copy of the
records released be given to the student even though the
student is not
yet eighteen.
Page 17 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
An educational agency or institution may disclose
personally identifiable information from an education record only on the
condition that the party to whom the information is disclosed will not
disclose the information to any other party without the prior consent of the
parent or eligible student.
When a school official discloses information from the student’s cumulative
record folder, other than directory information, to those persons authorized
to receive education records other than the parents of the student, the
student himself, or other school officials, the office shall inform the
person who receives the information that it may not be transferred to any
other party without consent of the parents or the eligible student.
(See Release Form.)
SECTION XII:
RECORD OF REQUEST FOR DISCLOSURE
The District will maintain a record of all requests
for and/or disclosures of information from a student’s education records.
The record shall be kept in each student’s cumulative file and shall
indicate the name of the party making the request, any additional
information to whom the information may be re-disclosed, and the legitimate
interest the party had in requesting or obtaining the information.
The record may be reviewed by the parent or eligible student.
The Principal
shall maintain in each cumulative record folder for which the Principal is
responsible a cumulative record inspection log.
The inspection log shall include the name and reason for inspection
of each person who requests access to the cumulative record folder, but
shall not include disclosures to the parents, the student, school officials,
or persons who have student or parent consent of disclosures of directory
information. The inspection log
may be inspected by the student’s parents or the eligible student.
An inspection
log will be kept for other records listed under Section IX.
Responsibility for this log rests with the principal, or
director/coordinator of each department.
It should be
noted that there may be a conflict between the ethics and standards of care
which govern the professional practice of nursing and educational law
governing school records.
Page 18 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
School nurses
will consult his/her supervisor before releasing or refusing to release any
school health records when there appears to be a conflict between school
policy, FERPA guidelines and nursing practice.
SECTION XIII:
DIRECTORY INFORMATION
The District designates the following items as
Directory Information:
student’s name, address, telephone listing, electronic mail address, date
and place of birth, major field of study, grade level, enrollment status,
participation in officially recognized activities and sports, weight and
height of members of athletic teams, dates of attendance, degrees and awards
received, the most recent previous educational agency attended, and
student’s photograph. The
District may disclose any of those items without prior written consent,
unless notified in writing to the contrary within fourteen (14) days from
the first day of the academic year.
Dates of attendance shall be construed to mean
periods of time such as certain academic year, semester, or quarter.
The term does not include specific daily records or attendance.
SECTION XIV:
CORRECTION OF EDUCATIONAL RECORDS
Parents or eligible students have the right to ask
to have records corrected that they believe are inaccurate, misleading, or
in violation of their privacy rights.
The following procedures apply to requests for correction of records.
Page 19 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
C.
Upon request, the District will arrange for a
hearing, and notify the parent’s or
eligible
student, reasonably in advance, of the date, place, and time of the hearing.
If a parent or
eligible student requests a hearing, the hearing officer shall set a
date for the
hearing as soon as possible but not more than ten (10) school days
after the
request for the hearing was made and shall give the parent or the student
at least two
school day’s advance written notice of where and when the hearing
will be held.
Page 20 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
SECTION XV:
WAIVER OF RIGHTS
Parents of a student or an eligible student may
waive any of their rights under this policy.
A waiver of rights must be in writing, must be by the parent or the
eligible student, and must specify those rights intended to be waived.
A waiver is effective until revoked in writing.
If a parent executes a waiver, the student may revoke it upon turning
eighteen (18) years of age.
SECTION XVI:
COMPLAINTS
A parent or eligible student may file a written
complaint with the Family Policy Compliance Office regarding an alleged
violation of the Federal Education Rights and Privacy Act.
The Office’s address is:
Family Policy and Compliance Office, U.S. Department of Education,
Page 21 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
DISCLOSURE
RELEASE FORM
I have received
a copy of
Student’s Name
education
record. I am aware of the
confidentiality requirements of this information under the Family
Educational Rights and Privacy Act and that this information may not be
transferred to any other party without the consent of the parents/guardian
or the eligible student.
Authorized
Party’s Signature
Date
Administrator’s Signature
Date
cc:
Cumulative Folder
xc:
To Parent/Guardian or Student.
Page 22 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
CUMMULATIVE AND
ASSOCIATIVE EDUCATIONAL RECORD INSPECTION LOG
Full Name of
Student and Person Accessing Record Is To Be Recorded (No Initials)
|
DATE: |
TIME: |
STUDENT
FILE NAME |
PURPOSE
FOR INSPECTION: |
ACCESSED
BY: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
*Attached additional
documentation for Reason For Inspection if additional space is needed.
Page 23 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
CONSENT TO USE OF
STUDENT INFORMATION (MEDIA RELEASE)
The undersigned parent or legal guardian of
, a student of the Lake Arthur Municipal Schools, agrees and consents
to the making and use of photographs, printed materials, videotapes, and other
audio or visual reproductions of above named individual.
These reproductions shall be for non-commercial educationally related
purposes in connection with the district/school curricular or activity program
goals and/or specific instructional programs.
I understand and agree that voice and visual images may also be produced
in public media for other related non-commercial educational purposes provided
such purposes are officially sponsored by the Lake Arthur Municipal Schools.
Release of any information regarding my child will be in accordance with the
Family Rights and Privacy Act, 1974.
Signature:
Parent/Guardian
Title:
Date:
This consent may be
revoked by written notification to the site principal.
Page 24 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
The following activities are
beneficial to the educational process of my child identified below, and having
the legal authority to do so, I hereby grant permission to the Lake Arthur
Municipal Schools (the District) to release information about my child in
connection with the following education-related activities.
·
Inclusion in the
Honor Roll and publication of the student’s name as part of the Honor Roll in
any print or broadcast medium for the purpose of recognizing the named student’s
academic achievements. Such
recognition may include publication of criteria for Honor Roll inclusion such as
name and grade point average.
·
Inclusion in other
honors publicly bestowed on the student by the District, School, or
School-related organization including any honor related to academic achievement,
community service, or extracurricular activity.
Public recognition of the student may include dissemination of the
criteria for the student’s honor including name, grade point average, and like
information.
·
Public display of
student artwork and other school-related material which may bear any award,
grade earned, and the student’s name.
·
At the elementary
school level, group-grading exercises in which students may grade other
students’ assignments; at all levels, students may participate in cooperative or
group projects and receive a group grade.
These activities promote peer learning and peer teaching.
·
Identification in
written or oral recommendations of the student by an employee of the District.
I also understand
that this grant of permission shall only be revoked by written instrument
delivered to the principal of the school which the student attends.
This consent shall remain in effect, unless revoked for the
school year.
Insert Year
Name of Student
Name of Parent/Legal Guardian
Signature of Student
if over 18
Signature of Parent/Legal Guardian
Page 25 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
The Family Educational Rights and Privacy Act (FERPA) affords parents and
students
over 18 years of aged (“eligible students”) certain rights with respect to the
student’s
educational records.
The Lake Arthur
Municipal Schools (the District) is providing you notice of these rights, as
outlined below:
3.
The right to consent to disclosures of personally
identifiable information contained in the student’s education records, except to
the extent that FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is disclosure to
school officials with legitimate educational interests.
Page 26 of 28
|
Board Policy |
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
Notification of Rights under FERPA
A school
official is a person employed by the District as an administrator,
supervisor, instructor, or support staff member, including health or medical
staff, a
person elected to the School Board; a person employed by or under
contract
to the District to perform a special task (such as attorney, auditor,
medical
consultant, or therapist); a person who is employed by the District for
law
enforcement purposes; or a parent or student serving on an official
committee, such as a disciplinary or grievance committee, or assisting another
school
official in performing his or her tasks.
A school official has a legitimate
educational interest if the official needs to review an education record in
order to
fulfill
his or her professional responsibility.
4.
The District classifies the following as Directory
Information: student’s name,
parent’s name, address, telephone listing, electronic mail address, date and
place of birth, participation in officially recognized activities and sports,
weight and height of members of athletic teams, dates of attendance, diplomas
and awards received, student’s photograph, and the most recent previous school
attended by the student. School
officials may release this information to any person without the consent of the
parents or the student. Any parent
or eligible student who objects to the release of any or all of this information
without his consent must notify in writing, the principal of the school where
the records are kept by insert date.
The objection must state what information the parent or student does not
want to be classified as directory information.
If no objection is receive by insert date, the information
designated above will be classified as Directory Information until the beginning
of the next school year.
5.
Copies of the complete FERPA Policy adopted by the
District may be obtained from the Superintendent’s Office or from the
Principal’s Office of each school within the District.
Page 27 of 28
|
Board Policy |
Lake Arthur
Municipal Schools
|
Students |
J10030
FERPA:
Family Educational Rights and Privacy Act Policy
Confidentiality of Student
Information
Notification of Rights under FERPA
6.
The right to file a complaint with the U.S. Department
of Education concerning alleged failures by Alpha School District to comply with
the requirements of FERPA. The name
and address of the Office that administers FERPA are:
Family Policy Compliance Office