The custodian of student personal record files may, without the consent of either the student or his/her parents/guardians, release student records to members of the district’s professional staff who have a legitimate educational interest in examining the information.
A student’s parent/guardian may have access to the administrative and supplementary records at all reasonable times or as otherwise stipulated in policy JR.
A school official competent in interpreting student records shall be present to explain the meaning and implications of the records that are examined.
A student may have access to his/her administrative and supplementary records during regular school office hours. A school official competent in interpreting student records shall be present to explain the meaning and implications of the records that are examined. The student shall have the right to make written objections to any information contained in the records (Cf. JR). Any written objection shall be signed by the student and dated, and it shall become part of his/her supplementary record (Cf. JR).
Any data found in a student’s personal record file must be made available to any law enforcement officer or officer of any court upon presentation of a subpoena or court order. The custodian shall attempt to notify the parents and student prior to making such records available.
In an emergency situation when the student or his/her parent/guardian cannot be reached, the custodian of said student’s records may, in his/her discretion, release information to appropriate persons if knowledge of the information is necessary to protect the health or safety of the student or other persons. The custodian of the records shall take the following factors into consideration in deciding whether the information should be released:
- Is it a serious emergency?
- Will the information meet the emergency?
- Are the persons to whom the information will be released in a position to deal with the emergency? and
- Is time of the essence in dealing with the emergency?
Data may be released without permission of the student or his/her parent/guardian to outside research agencies in such a form that no individual student is identifiable.
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.
Confidential Information About Students
No teacher, guidance officer, school executive or other professional person engaged in character building in the public schools or in any other educational institution who maintains records of student behavior or who has such records in his/her custody or who receives in confidence communications from students or other juveniles shall be allowed in any proceedings, civil or criminal, in any court of this state to disclose any information obtained by him/her from such records or such communications nor to produce such records or transcripts thereof; provided that any such testimony may be given with the consent of the person so confiding or to whom records relate if such person be 18 years of age or over, or, if such person be a minor, with the consent of his/her parent or legal guardian. A broad interpretation of this law would mean:
- Records of students’ behavior and communications received in confidence from students or other juveniles are confidential and cannot be disclosed in court.
- Records of attendance, time of attendance, promotion, failures, coupled with the names and addresses of the parents, are permissible to give to an attendance or probation officer.
When situations arise and there is doubt about proper procedure, a request for direction should be made to the superintendent.
When a hearing has been requested by parents or an eligible student for the purpose of 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 of the student or eligible student shall be given notice of the date, place and time of the hearing within a reasonable time in advance of the hearing;
The parents or the eligible student may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney;
Parents or the eligible student 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 hearing officer shall be based solely upon the evidence presented at the hearing and include a summary of the evidence and the reasons for the decision.
Administrative records shall be permanent records and maintained by the school for an indefinite period of time. When the student graduates, supplementary records shall be destroyed or shall be transferred to the administrative records if they have permanent usefulness. Tentative records shall be destroyed when the use for which they were collected is ended. However, tentative records may be placed in the supplementary classification if the continuing usefulness of the information is demonstrated and its validity verified.
To eliminate unnecessary or outdated information, the official custodian shall review a student’s records when the student moves from elementary to middle school, from middle school to high school, and upon high school graduation.