Student Records

Code Number: 505.18

The Board recognizes the importance of maintaining student records and preserving their confidentiality as provided by law and this policy is meant to be interpreted and implemented in accordance with the Family Educational Rights and Privacy Act. Student records containing personally identifiable information are kept confidential at the collection, storage, disclosure, and destruction stages. The school registrar or the school secretary is the custodian of student records. Student records may be maintained in the central administration office or administrative office of the student’s attendance center. Information designated as “directory information” may be used and disclosed without the written consent or authorization of a parent or eligible student in accordance with the District’s notice and opt-out procedures and Board Policy 505.19.

Definitions

For the purposes of this policy, the defined words have the following meanings:

“Eligible student” means a student who has reached the age of eighteen or who attends a postsecondary institution.

“Student record” or “education record” means those records, files, documents, and other materials which contain information directly related to a student and which are maintained by the District or by a person acting for the District. These terms do not apply to records specifically excluded from the definition by law.

Access

Parents and eligible students will have access to the student’s records during the regular business hours of the District. Parents of an eligible student are provided access to the student’s records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code. In that case, the parents may be provided access without the written permission of the student. A representative of the parents or eligible student who has received written permission from the parents or eligible student, may inspect and review a special education student’s records. Parents may be denied access to a student’s records if the District has a court order stating such or when the District has been advised under the appropriate laws that the parents may not access the student records. Any tool used by the school to collect student personal information may be inspected by parents prior to its use.

A student record may be maintained in paper, video, or other media format and may contain information on more than one student.

When a student record contains information on more than one student, parents will generally only have the right to access the information relating to their student or to be informed of the information. Eligible students will also have the right to access the information relating to themselves or be informed of the information.

Parents and eligible students, and other individuals authorized in accordance with the law. will have a right to access (inspect and view) the student’s records upon request without unnecessary delay and in no instance, more than forty- five calendar days after the request is made. Parents, an eligible student, or an authorized representative of the parents will have the right to access the student’s records prior to an Individualized Education Program (lEP) meeting or hearing.

Copies of student records will generally only be provided if failure to do so would effectively prevent the
parents or student from exercising the right to access the student records, for example, where a parent
does not live within commuting distance of the school. Fees for copies of the records are waived if it would prevent the parents or student from accessing the records. A fee may not be charged to parents or eligible students to search or retrieve information from student records.

Upon the reasonable request of parents or an eligible student, the District will provide an explanation and interpretation of the student’s records and a list of the types and locations of education records collected, maintained, or used by the District.

The Superintendent or his/her designee will keep a list of the individuals and their positions that are authorized to view a special education student’s records without the permission of the parents or the eligible student. Individuals not listed are not allowed access without parental or an eligible student’s written permission. This list must be current and available for parental inspection and updated as changes occur.

Amendments

If the parents or an eligible student believe the information in the student’s record is inaccurate, misleading, or violates the privacy or other rights of the student, the parents or an eligible student may request that the District amend the record. The District will decide whether to amend the student records within a reasonable time after receipt of the request. If the District determines an amendment is appropriate, the District will make the amendment and inform the parents or the eligible student of the decision in writing.

If the District determines that amendment of the student’s record is not appropriate; the District will inform the parents or the eligible student of their right to a hearing before the hearing officer provided by the District. See AR505.18 for Hearing Procedures, including the right to place an explanatory letter in the student’s record.

Disclosures

Student records may be disclosed in limited circumstances without parental or eligible student’s written consent. Some of these disclosures must be made on the condition that the student record will not be disclosed to a third party without the written permission of the parent or the eligible student. Disclosures without consent may be made:

  • to school officials within the District and AEA personnel whom the Superintendent or his/her designee has determined to have a legitimate educational interest, including, but not limited to: Board members, employees or contractors, volunteers, school resource officers, legal counsel, auditors, health professionals, and individuals serving on official school committees;
  • to officials of another school or school system in which the student wishes to enroll, provided the other school or school system notifies the parents the student records are being sent and the parents have an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to the new school or school system;
  • to the authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local educational authorities;
  • in connection with a student’s application for, or receipt of financial aid;
  • upon proper written agreement, to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction, if such studies are conducted in a manner that will not permit the personal identification of parents and students by persons other than representatives of such organizations that have a legitimate interest in the information and such information will be destroyed when no longer needed for the purpose for which the study was conducted;
  • to accrediting organizations;
  • to parents of a dependent student as defined in the Internal Revenue Code;
  • to comply with a judicial order or lawfully issued subpoena after a reasonable effort is made to notify the parent or eligible student of the order or subpoena in advance of compliance assuming such notice is not otherwise prohibited;
  • consistent with an interagency agreement between the District and juvenile justice agencies;
  • to appropriate persons in connection with a health or safety emergency;
  • to the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on their behalf, for programming purposes, where personally identifiable information will not be released;
  • to an agency caseworker or other representative of a State or local child welfare agency, or tribal organization, who has the right to access a student’s case plan, when such agency is legally responsible for the care and protection of the student, subject to appropriate confidentiality protections;
  • as directory information; or
  • for any other reason allowed or required under state or federal law.

Access Log

The Superintendent or his/her designee will keep a list of individuals, agencies, and organizations which have requested or obtained access to a student’s records, the date of the request and when access was given, and the legitimate interest for which they were authorized to request or obtain the records. This access log may be reviewed by parents, an eligible student, or the custodian of records. The Superintendent or his/her designee, however, does not need to keep this record for requests or access by parents, school officials, persons who have accessed the student’s records with parental consent, for directory information requests, when information is disclosed pursuant to a court order or subpoena, or as otherwise provided by law.

Record Maintenance

Permanent student records, including a student’s name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed, may be maintained without time limitation. Permanent student records will be kept in a fire-safe vault or will be stored electronically with a secure backup file.

When personally identifiable information, other than permanent student records, no longer needs to be maintained by the District to provide educational services to a special education student, the parents or eligible student are notified. This notice is normally given after a student graduates or otherwise leaves the District. If the parents or eligible student request that the personally identifiable information be destroyed, the District will destroy the records, other than the permanent student record. Prior to the destruction of the records, the District must inform the parents or eligible student the records may be needed by the parents or eligible student for social security benefits or other purposes. For the purposes of this policy, a record no longer needs to be maintained when the record is no longer relevant to the provision of instruction, support, or related services and is no longer needed for accountability and audit purposes, which, at a minimum, is five (5) years after the activity for which the funds were used.

Information Sharing-Interagency Agreement

The District will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system. The District will enter into an interagency agreement with the juvenile justice agencies (“agencies”) involved.

The purpose of the agreement is to allow for the sharing of information prior to a student’s adjudication in order to collaborate between the District and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support
alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well-supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

The District may share with the agencies any information contained in a student’s permanent record, which is directly related to the juvenile justice system’s ability to effectively serve the student. Prior to adjudication information contained in the permanent record may be disclosed by the District to the agencies without parental consent or court order. Information contained in a student’s permanent record may be disclosed by the District to the agencies after adjudication only with parental consent or court order. Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordinating the delivery of programs and services to the student or student’s family.

Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian. Information shared with the District shall not be used as a basis for a school disciplinary action against a student.

Confidential information shared between the District and the agencies will remain confidential and will not be shared with any other person unless otherwise provided by law.

The District may discontinue information sharing with an agency if the District determines that the agency has violated the intent or letter of the agreement.

Agencies will contact the Building Administrator of the attendance center where the student is currently or was enrolled. The Building Administrator will forward copies of the records within a reasonable time following receipt of the request.

Training

The District will provide training or instruction to an appropriate school official about parents’ and eligible students’ rights under this policy as well as the procedures for carrying out this policy.

Annual Notice

It is the responsibility of the Superintendent or his/her designee to annually notify parents and eligible students of their right to:

  • Inspect and review the student’s education records;
  • Seek amendment of the student’s education records that the parent or student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights; and
  • Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the law authorizes disclosure without consent.

Every attempt will be given to provide the notice in the parents’ or eligible student’s native language.

The notice will include a statement that the parents have a right to file a complaint alleging the District failed to comply with this policy. Complaints are forwarded to the Student Privacy Policy Office (Family Policy Compliance Office), U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC. 20202-8520.

First Adoption:
1993-03-23
Revision Adoption:
July 12, 1994/ February 9, 1999/ January 14, 2003/ July 20, 2009/ April 14, 2014/ July 15, 2019
Reviewed Dates:
June 17, 2019
Legal Reference:
20 U.S.C. § 1232g, 1415
34 C.F.R. Pts. 99, 300.610 et seq.
Iowa Code §§ 22; 279.9A,B; 280.24, .25
281 I.A.C. 12.3(4); 41.610 et seq.
1980 Op. Att'y Gen. 720 (Benton), 825

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