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8940-R Student Records 8940-R-3

Data Gathering

Only the school Superintendent with respect to an individual school, and the Superintendent or Board with respect to the District, may authorize the collection of survey or other data pertaining to students or their families. The administrator shall confirm that the data collection will be in accord with law and Board policy prior to authorizing it. At the time of authorization, the administrator is to see to it that safeguards are in place to ensure the confidentiality and security of the information gathered, including appropriate training of the persons who will be collecting or handling the data.

Survey instruments and procedures shall be made available for inspection prior to use, and notice of the planned activity and an opportunity to opt out shall be granted.

Inspection and Copying of Records

Each school shall establish appropriate procedures for the granting of a request by the parent(s)/guardian(s) for access to their child’s records within a reasonable period of time, but in no case more than 45 school days after the request has been made. Where such records or data include information on more than one student, the parent(s)/guardian(s) of any student shall be entitled to receive, or to be informed of, that part of such record as pertains to their child.

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In situations where the parents/guardians of a student are divorced or separated, each parent/guardian, custodial and/or non-custodial, has equal rights to their student’s records unless a court order specifies otherwise. The District’s personnel shall not recognize private agreements between the student’s parents/guardians.

Copies of student record(s) will be made for the parent(s)/guardian(s) upon request. Copying fees shall be charged only when multiple copies are requested in a limited period, and shall be assessed according to the procedures established for FOIA requests.

Requesting Amendments

Parent(s)/Guardian(s) may ask the District to amend a record that they believe is inaccurate, misleading, or in violation of a student’s right to privacy by writing the school Principal or records custodian, identifying the part of the record they want changed, and specifying the reason(s) for the request. The competent school or District administrator shall make a determination on the request in a timely fashion and shall reply in writing to the parent(s)/guardian(s) detailing the actions taken. If the decision is to deny the request, the parent(s)/guardian(s) shall be provided with the information and procedures to request a hearing regarding their request for amendment.

When a hearing has been requested by the parent(s)/guardian(s) for challenging the content of the student’s education record, the procedure to be followed in the hearing shall include the following:

· The hearing shall be conducted and the decision rendered by a person who does not have a direct interest in the hearing outcome,

· The parent(s)/guardian(s) of the student shall be given notice of the date, place and time of the hearing within a reasonable time in advance of the hearing,

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· The parent(s)/guardian(s) may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney,

· The parent(s)/guardian(s) shall be afforded a full and fair opportunity to present relevant evidence,

· The decision shall be rendered in writing within a reasonable time after the hearing concludes, and

· The decision of the school shall be based solely upon the evidence presented at the hearing and include a summary of the evidence and the reasons for the decision.

If the decision of the school following the hearing is to deny the request, the parent(s)/guardian(s) shall be afforded an opportunity to place a statement in the record commenting on the contested information or disagreement with the school. This statement shall be attached to the record in question and copied or disclosed along with the record for as long as the record is maintained.

Disclosure without Consent

The custodian of records may disclose information contained in those records without the consent of the student’s parent(s)/guardian(s) to the following persons or entities, on the condition that they agree not to disclose the information to any other party without the written consent of the parent(s)/guardian(s):

· Other school officials, including teachers within the District who have legitimate educational interests,

· Officials of other schools or school systems in which the student intends to enroll, [Note: this requires parent(s)/guardian(s) notification in each instance unless stated as a practice in the annual notification to parent(s)/guardian(s) of their rights]

· The Comptroller General of the United States, the Secretary of Education, or state and local educational authorities,

· Authorized persons to whom a student has applied for or from whom a student has received financial aid,

· Organizations conducting studies for or on behalf of educational agencies or institutions,

· Accrediting organizations,

· In compliance with a judicial order or subpoena, provided the custodian makes a reasonable effort to notify the parent(s)/guardian(s) prior to complying so that they may seek protective action. Notification will not be made to the parent(s)/guardian(s), however, if the court or agency issuing the subpoena orders that the subpoena not be disclosed,

· In the absence of a court order or subpoena, to a court if the District initiates legal action against the parent(s)/guardian(s) or student and the records of the student are relevant for the District to proceed with the legal action, or if the parent(s)/guardian(s) or student initiates legal action against the District and the student's records are relevant for the District to defend itself, and

· Appropriate persons if knowledge of the information is necessary to protect the health or safety of the student or other persons in an emergency. The custodian of the records shall take the following factors into consideration in deciding whether the information should be released: the seriousness of the emergency; whether the information is needed to meet the emergency; whether the persons to whom the information will be released are in a position to deal with the emergency; and whether time is of the essence in dealing with the emergency.

Except for local school officials, all persons, agencies, or organizations requesting or accessing the records of a student shall be recorded on a form (including electronic forms) kept permanently along with the student’s records if the request or access involved any information, which personally identified the student, except for subpoenas, which prohibit disclosure. The form must identify the requesting party, the legitimate interest the party had in making the request, the information released or made accessible, the date

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the request and/or release was made, and the name of the custodian who handled the request.

Statistical data from student records may be disclosed without consent of the parent(s)/guardian(s) for research, statistical summary, or planning purposes if the information released cannot be used to identify an individual student. The custodian shall exercise care in this regard; as statistically small populations within the District may be identifiable through seemingly innocuous data, (Ex. Race and gender of a student may be sufficient to identify an individual in a District with a low minority population).

Disclosure with Written Consent

The custodian may disclose information in a student’s records or provide access to the records following written instructions signed and dated by the parent(s)/guardian(s) of the student specifying the records, the reasons, and the person(s) to whom the release is to be made.[1] A copy of the parent(s)/guardian(s) instructions shall be kept along with the record.

Whenever the District requests the consent to release certain records, the custodian shall inform the parent(s)/guardian(s) of the right to limit such consent to specific portions of information in the records.

Disposition of Records

The school shall maintain permanent records for an indefinite period. When the student graduates, supplementary records shall be destroyed or shall be transferred to the permanent record if they have permanent usefulness. Tentative records shall be destroyed when the use for which they were collected is ended.

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Custodial Discretion in Exceptional Circumstances

If the custodian of student records has special information that would indicate granting or denying access to student records in accordance with these rules would be harmful to the student, he/she may exercise discretion in granting or denying access in a manner other than provided herein.

Student Disciplinary Records

Pursuant to the directive of the Michigan Department of Education of 4/6/04, disciplinary records that concern suspension or expulsion action against the student shall be considered to be a part of the “student’s record” and shall be transferred to any private or public school in which the student has enrolled within 30 days after the receipt of the request from a public or private school for the student’s record.

Notification

Each school within the District shall disseminate to each student and family at least annually the following statement of rights. Parent(s)/Guardian(s) who are non-native speakers of English shall be provided a translation or otherwise contacted to inform them of these rights.

Disposition

Annual notice shall be given to parent(s)/guardian(s) and eligible students concerning the student’s records. In addition, the custodian of the educational records shall give annual public notice of the class of records the institution has designated as Directory information. The appropriate forms for said notices are on file in the office of the custodian of the educational records.

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[1] Per 34 CFR part 99, “signed and dated written consent’ may include a record and signature in electronic form that (1) identifies and authenticates a particular person as the source of the electronic consent; and (2) indicates such person’s approval of the information contained in the electronic consent.” Per the Standards for Electronic Signatures in Electronic Student Loan Transactions, an electronic signature may include “a shared secret, such as (a) a personal identification number (PIN) or password; (b) a unique credential or token; (c) a computer file or number that corresponds to a biometric measurement uniquely associated with the borrower, such as a fingerprint or retinal pattern; (d) a signature image (a computer file that is created from the scanned image of the borrower’s handwritten signature); or (e) a typed name, combined with (a), (b), (c), or (d).”

[1] Per 34 CFR part 99, “signed and dated written consent’ may include a record and signature in electronic form that (1) identifies and authenticates a particular person as the source of the electronic consent; and (2) indicates such person’s approval of the information contained in the electronic consent.” Per the Standards for Electronic Signatures in Electronic Student Loan Transactions, an electronic signature may include “a shared secret, such as (a) a personal identification number (PIN) or password; (b) a unique credential or token; (c) a computer file or number that corresponds to a biometric measurement uniquely associated with the borrower, such as a fingerprint or retinal pattern; (d) a signature image (a computer file that is created from the scanned image of the borrower’s handwritten signature); or (e) a typed name, combined with (a), (b), (c), or (d).”
Last updated: 4/9/2014 1:50:19 PM