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STUDENT EDUCATION RECORDS - REGULATIONS

Policy Number: 
Board File: JRA-R/JRC-R

All regulations incorporated in the Board’s policy on student education records must be observed by school personnel. The following are procedures to be used in carrying out policy requirements. Eligible students are those students or former students over the age of 18 years. Either parent is presumed to have authority to inspect education records unless the school has been provided with a court order denying that parent access to the minor student’s records.

  1. Requests to review student education records by parents, guardians, or eligible students

    a.  A request to inspect and review student education records must be submitted on an official form (JRA/JRC-E-2) by the parent, guardian, or eligible student, to the building principal of the school attended by the student.

    b.  Upon receiving the request, the building principal shall collect the student’s education records.  If the student whose records are requested is or has been identified as a student with disabilities, the principal shall provide a copy of the request to the special education imaging clerk within 24 hours of receipt of the request.   The special education records clerk shall assist the principal in securing the records requested.

    c.  Upon receiving the request, the building principal will set a date (usually within three working days after the request has been made) and time for inspection and review of the records. 

    d.  The parent, guardian, or eligible student shall examine the student’s education records in the presence of the principal and/or the principal’s designee.  The record itself shall not be taken from the school building.

    e.If the parent, guardian, or eligible student requests, one copy of the student’s education record(s) shall be provided within a reasonable time at a cost not to exceed $.25 per page in accordance with the policy.
     

  2. Challenges to content of records

a. A parent, guardian, or eligible student’s challenge to a student’s education records as inaccurate, misleading, or violating the privacy of other rights of the student must be submitted in writing to the building principal (or director of Special Education) within ten school days of the date the records were first examined, unless additional time is granted by the District for good cause shown. In all instances where challenges are made, the principal or director of Special Education shall notify the superintendent.

b.  If the parent/guardian or eligible student challenges any part of the student’s education record, the principal (or, in the case of psychological test data, the director of Special Education) should review the part of the record being challenged and may, by mutual agreement with the person making the challenge, destroy, delete, or add the information in question.

c.  If the principal (or director of Special Education) does not agree with the challenge, the principal (or director of Special Education) shall provide written notice of the decision and of the parent/guardian or eligible student’s right to request a hearing. In all instances where challenges are made, principals are to notify the superintendent.

d.  Hearings on challenges will be held in accordance with the following procedures:

i.  The hearing shall be held within 25 calendar days after receipt of the request. Notice of the date, place, and time of the hearing will be forwarded to the parent/guardian or eligible student by hand-delivery or certified mail.

ii. The hearing will be conducted by a building principal or higher administrative official as designated in writing by the superintendent. The official conducting the hearing shall not have a direct interest in the outcome of the hearing.

iii. Parents/guardians or eligible students shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney.

iv. The hearing official shall issue a decision in writing within 20 calendar days following the conclusion of the hearing and shall notify the parent/guardian or eligible student of that decision by certified mail.

v.  The decision of the hearing official shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

vi.  The hearing official’s decision shall include a statement informing the parents/guardians or eligible student of their right to place in the student’s records a statement commenting upon the information in the records and/or setting forth any reason for disagreement. Any explanation placed in the records shall be maintained as a part of the records as long as the record itself is maintained by the District. If the education record is disclosed by the District to any other party, the explanation shall also be disclosed to that party.

  1. Records of access and of requests

a.  All completed request, authorization, and permission forms to view and receive student education records will be filed in the student’s file.

b.  The principal (or, in the case of inactive files, the supervisor of pupil records) shall keep a composite of all requests for inspection and copies of education records.

c.  Written authorization is not required to be included in a student’s education records when the request is made by a parent/guardian, eligible student, or school official within the District having a legitimate educational interest in the records.

  1. Requesting records from other districts/schools

When a student transfers to this School District from another district, the principal of the receiving school will ask the parent (or student if the student is of age) to sign an authorization for release of education records which will be completed by the principal and forwarded to the school of previous attendance.

  1. Copies of law/Board policy on student records

A copy of the Family Educational Rights and Privacy Act and the Board policy on student records should be on file in the office of each building principal and of each individual who carries out procedures relative to the act or policy.
 

Issued: September 7, 1982
Revised: October 5, 1993
Revised: November 1, 1994
Revised: August 20, 1996
Revised: August 1, 2000
Revised: June 3, 2003
Revised: June 16, 2009