5125(a)

 

 

 

Students

 

Student Records; Confidentiality

 

 

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 Connecticut General Statutes.

 

The Board also recognizes its responsibility under C.G.S. 11-8a and 11-8b to ensure the orderly retention and disposition of the district's student records.

 

The Superintendent of Schools shall be responsible for ensuring that all requirements under federal and state statutes and regulations shall be carried out by the district.

 

Annual Notification

 

At the beginning of each school year, the district shall 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 student's education records;

 

2.         a specification of the intent of the school district to limit the disclosure of personally identifiable information contained in a student's education records except:

 

            a.         by prior written consent of the student's 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 student's 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.

5125(b)

 

 

 

Students

 

Student Records; Confidentiality  (continued)

 

 

Annual Notification  (continued)

 

The policy applicable to the release of student directory information applies equally to military recruiters, the media, colleges and universities, and prospective employers.

 

The district shall arrange to provide translations of this notice to non-English speaking parents in their native language.

 

Legal Reference:           Connecticut General Statutes

                                    1‑19(b)(11) Access to public records. Exempt records.

                                    7‑109 Destruction of documents.

                                    10‑15b Access of parent or guardians to student's records.

                                    10‑154a Professional communications between teacher or nurse & student.

                                    10‑209 Records not to be public.

                                    10‑221b Boards of education to establish written uniform policy re: treatment of recruiters.

                                    11-8a Retention, destruction and transfer of documents

                                    11-8b Transfer or disposal of public records.  State Library Board to adopt regulations.

                                    46b‑56 (e) Access to Records of Minors.

                                    Connecticut Public Records Administration Schedule V ‑ Disposition of Education Records (Revised 1983).

                                    Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93‑568, codified at 20 U.S.C.1232g.).

                                    Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g)‑parent and student privacy and other rights with respect to educational records, as amended 11/21/96.

 

 

 

 

 

 

 

 

 

Policy adopted:                   March 9, 2004                             EAST HADDAM PUBLIC SCHOOLS

                                                                                                                           Moodus, Connecticut

 

 

5125(a)

5125.1

 

Students

 

Student Records; Confidentiality

 

 

I.          Definitions

 

            A.        “Record” means any information or data recorded in any medium, including, but not limited to, handwriting, print, tapes, film, microfilm, microfiche, and computer files.

 

            B.         1.         “Student records” means those records which are maintained by the school system and which are directly related to a student.

 

                        2.         “Student Records” does not include:

 

                                    a.         Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which:

 

                                                (i)         Are in the sole possession of the maker thereof; and

                                                (ii)        Are not accessible or revealed to any other individual except a substitute.

 

                                    b.         Records relating to an employee of the Board of Education which:

 

                                                (i)         Are made and maintained in the normal course of business;

                                                (ii)        Relate exclusively to the individual in that individual's capacity as an employee; and

                                                (iii)       Are not available for use for any other purpose.

 

                                    c.         Records created or maintained by a professional or para-professional in the medical or psychological fields which:

 

                                                (i)         Are used only in connection with treatment of the student;

                                                (ii)        Are related only to a student who has attained the age of eighteen years; and

                                                (iii)       Are not disclosed to anyone except the treatment-provider, except that a physician of the student’s choice may review the records at the student’s request. “Treatment” does not include the provision of remedial educational or other instructional programs.

 

                                    d.         Records, such as alumni records, which only contain information relating to a student after that student has terminated attendance at a school in this school system.

 

5125(b)

5125.1

 

 

Students

 

Student Records; Confidentiality

 

 

I.          Definitions  (continued)

 

            C.        “Student” means an individual who is or has been in attendance at a school under the control of the Board of Education.

 

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

 

            E.         “Eligible person” means a parent of a student who has not yet attained the age of eighteen years, and a student who has attained the age of eighteen years or who is attending an institution of postsecondary education.

 

            F.         “Disclosure” means permitting access to or the release, transfer, or other communication of student records or the personally identifiable information contained therein, orally or in writing, or by electronic means, or by any other means to any party.

 

            G.        “Directory information” includes the following information relating to a student: the student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of athletic team members, dates of attendance, honors and awards received, the most recent previous school attended by the student and other similar information.

 

            H.        “Personally identifiable” means the data or information includes:

 

                        1.         The name of a student, the student’s parent, or other family member, or

 

                        2.         The address of the student, or

 

                        3.         A personal identifier, such as the student’s social security number, or

 

                        4.         A list of personal characteristics which would make the student’s identity easily traceable, or

 

                        5.         Other information which would make the student’s identity easily traceable.

 

            I.          “Custodian of student records” is the chief administrative officer of the school which a student is attending or has attended.

 

 

5125(c)

5125.1

 

 

Students

 

Student Records; Confidentiality  (continued)

 

 

II.        Types of Records Maintained

 

            A.        The Permanent Record includes official administrative records that constitute the minimum personal data necessary for operation of the education system:

 

                        1.         Identifying data, including names and addresses of parents

                        2.         Birth date

                        3.         Grade level completed

                        4.         Achievement record (report cards, grades, class standing). Information in this category will be retained as specified in Connecticut State Schedule U of the Retention Schedule for Educational Records.

 

            B.         The Supplemental Record includes information of impor­tance, in helping the child or in protecting others:

 

                        1.         Standardized achievement test scores

                        2.         Special services card

                        3.         Health record

                        4.         Speech and hearing evaluations

                        5.         Diagnostic reading test results

                        6.         Basic family background information

                        7.         Observation reports and records of recurrent be­havior patterns

                        8.         School emergency card

                        9.         Learning disability evaluations

                        10.       Planning and placement team recommendations

                        11.       School counseling card

                        12.       IQ and aptitude test scores

                        13.       Record of extracurricular activities

                        14.       Attendance record

                        15.       Reports of pupil services staff and psychological assessments

 

 

 

 

5125(d)

5125.1

 

 

Students

 

Student Records; Confidentiality  (continued)

 

 

II.        Types of Records Maintained  (continued)

 

                        16.       Teacher and guidance counselor comments concerning academic performance, work habits, strengths and weaknesses, conduct, motivation, special problems

                        17.       Reports from outside agencies, including reports of delinquency, psychological evaluations, etc.

                        18.       Reports of parent-teacher, parent-counselor conferences

                        19.       Work samples

                        20.       Letters of recommendation

 

            C.        A particular student’s record may contain some or all of the types of information enumerated in A and B.

 

            D.        The school system retains the right to destroy unneeded records, subject to the following limitations:

 

                        1.         Present and future federal and stare law and regulations will be followed.

                        2.         Records will be retained which are the subject of an outstanding request to review by an eligible person.

                        3.         Explanatory material placed in the record by an eligible person pursuant to III (F) of this regulation, will be retained as long as the disputed portion of the record to which the explanatory material refers is retained.

                        4.         The record of disclosures will be retained as long as the student record to which it pertains is maintained.

 

III.       Disclosure to an Eligible Person

 

            An eligible person has the following rights with respect to the person’s own student record and, with respect to the record of a student of whom the eligible person is the parent.

 

            A.        The right to inspect and review the record within 45 days after submitting to the custodian of student records a written request to see the record.

 

            B.         The right to submit a reasonable written request for an explanation and interpretation of the record and to receive a response within 45 days of the request.

 

5125(e)

5125.1

 

 

Students

 

Student Records; Confidentiality  (continued)

 

 

III.       Disclosure to an Eligible Person  (continued)

 

            C.        The right to obtain a copy of the record upon payment of a per page fee equal to the maximum allowable under the law.  If it is necessary to abstract, transcribe or print out the requested record, a fee will be charged equal to the cost of this service to the school system. The fee will be waived where the imposition of such cost effectively prevents the eligible person from exercising his or her right to inspect and review the record.

 

            D.        The right to request amendment of information that the eligible person believes to be inaccurate or misleading or in violation of the privacy or other rights of the student.

 

            E.         The right to a hearing by the Superintendent or designee if the amendment requested in D is refused by the Custodian of Student Records. Procedures with respect to the hearing shall be as follows:

 

                        1.         The eligible person will be informed of the right to a hearing at the time of denial of the request to amend.

                        2.         The hearing will be held within a reasonable time after receipt of a request for a hearing by the Superintendent.

                        3.         The eligible person will be given advance notice of the date, time and place of the hearing.

                        4.         The eligible person may present evidence relevant to the claim that certain information in the student record is inaccurate or misleading or in violation of the privacy or other rights of the student.

                        5.         The eligible person may be assisted or represented by individuals of his or her choice, at his or her own expense.

                        6.         The decision of the Superintendent will be based solely on the evidence presented at the hearing.

 

            F.         The right to place an explanatory statement in the student record if, as a result of the hearing, the Superintendent decides that the challenged information is not inaccurate, misleading or in violation of the privacy or other rights of the student. This explanatory statement will be disclosed any time the information to which it pertains is disclosed.

 

 

 

5125(f)

5125.1

 

 

Students

 

Student Records; Confidentiality  (continued)

 

 

IV.       Disclosure to Other than an Eligible Person

 

            A.        Directory information may be disclosed, except that an eligible person may refuse to permit the designation as directory information of any or all of the items included in the I G definition of directory information. To assist in the exercise of this right of refusal, the school system annually will notify eligible persons of the definition of directory information, of the right of the eligible person to have any or all of the items be not designated as directory information with respect to that eligible person or the child of that eligible person, and of the time within which the eligible person must notify the custodian of student records of the eligible person’s desire to delete particular items from the list of directory information. For purposes of this notification, “eligible person” will be limited to the parent of a currently enrolled student under eighteen years of age and a currently enrolled student who has reached eighteen years of age.

 

            B.         Personally identifiable information from a student record may be disclosed in the following situations without obtaining the prior written consent of an eligible person:

 

                        1.         To either parent of a student who has not yet attained the age of eighteen years; and

 

                        2.         To the student; and

 

                        3.         Within the school system, to school officials, including teachers who have a legitimate educational interest in the record; and

 

                        4.         To officials of another school or school system in which the student seeks or intends to enroll

 

                                    a.         Eligible persons retain their rights under III to inspect and copy the records which have been transferred.

                                    b.         Eligible persons retain their rights under III to request amendment of the record, a hearing on the contents, and insertion of an explanatory statement with respect to records which have been transferred, and

 

 

 

 

 

5125(g)

5125.1

 

 

Students

 

Student Records; Confidentiality  (continued)

 

 

IV.       Disclosure to Other than an Eligible Person  (continued)

 

                        5.         To authorized representatives of the following:

 

                                    a.         Comptroller General of the United States

                                    b.         Secretary of the United States Department of Health, Education and Welfare

                                    c.         United States Commissioner of Education, or the Assistant Secretary for Education, or

                                    d.         Educational authorities of the State of Connecticut (unless specifically authorized by federal law or by prior consent of an eligible person, any data collected by these officials is required to be protected to prevent the personal identification of a student or a student's parents by persons other than these officials), and

 

                        6.         At the discretion of the Superintendent, to organizations conducting studies for, or on behalf of, educational agencies, or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs and improving instruction; “organizations” including, federal, state and local agencies, and independent organizations. (Studies conducted by such organizations are required to be done so as not to permit personal identification of students and their parents by persons other than the representatives of the organization), and

 

                        7.         To comply with a judicial order or lawfully issued subpoena. The school system will make a reasonable effort to notify an eligible person of the order or subpoena before complying with it, and

 

                        8.         To appropriate parties in connection with an emergency when necessary to protect the health or safety of the student or other individuals.

 

            C.        A record of disclosures will be kept.

 

                        1.         The custodian of student records will maintain a record of each request for and disclosure of personally identifiable information from a student record when such request is made by or disclosure provided to anyone in categories B4, B5, B6, B7 and B8 above.

 

                        2.         The record of disclosures will indicate the parties requesting or receiving such information and the legitimate interests of these parties in the information.

5125(h)

5125.1

 

 

Students

 

Student Records; Confidentiality  (continued)

 

 

IV.       Disclosure to Other than an Eligible Person  (continued)

 

                        3.         The record of disclosures will be kept with the student record to which it pertains.

 

                        4.         The record of disclosures may be inspected by:

 

                                    (i)         An eligible person

                                    (ii)        The custodian of student records and his or her assistants

                                    (iii)       Officials named in B3 and B5 above for purposes of auditing the school’s record keeping procedures.

 

            D.        Except as indicated in III, IVA and IVB, the custodian of student records will obtain the written consent of an eligible person before disclosing personally identifiable information from a student record. The consent must include:

 

                        1.         The signature of the eligible person,

 

                        2.         The date the consent was signed,

 

                        3.         A specification of the records to be disclosed,

 

                        4.         The purpose(s) of the disclosure, and

 

                        5.         The party or class of parties to whom the disclosure may be made.

 

            E.         All disclosures to other than an eligible person or to the student will be made on the condition that personally identifiable information will not be disclosed by the recipient to a third party without the prior written consent of the eligible person concerned, except that

 

                        1.         Such information may be used by the officers, employees and agents of the receiving organization solely for the purposes of the original disclosure.

 

                        2.         Any receiving agency or institution within B4, B5, B6, B7 and B8 may disclose personally identifiable information to another agency or institution within those sections if the disclosure to the third party is entered on the record of disclosures.

 

 

 

5125(i)

5125.1

 

Students

 

Student Records; Confidentiality  (continued)

 

V.        Miscellaneous

 

            A.        A copy of this regulation may be obtained from the custodian of student records.

 

            B.         Annual notice will be given to eligible persons who are enrolled or who have children enrolled in the school system that

 

                        1.         They have a right of access to their own student records and those of their children under 20 U.S.C. 12328 and 45 C.F.R. subtitle A part 99 and this regulation.

 

                        2.         This regulation is available at the office of the custodian of student records.

 

                        3.         They have a right to complain to the Family Educational Rights and Privacy Act Office concerning alleged failures of the school system to comply with 20 U.S.C. 12328 and 45 C.F.R. subtitle ‑A part 99.

 

Legal Reference:           Connecticut General Statutes

                                    1‑19(b)(11) Access to public records. Exempt records.