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506.01 Education Records Access

The Board recognizes the importance of maintaining education records and preserving their confidentiality. Education records containing personally identifiable information are kept confidential at collection, storage, disclosure and destruction stages. The board secretary is the custodian of education records. Education records may be maintained in the central administration office or administrative office of the student’s attendance center.

Definitions

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

  • “Education Record” means a record that contains information directly related to a student and which is maintained by an education agency or institution or by a party acting for the agency or institution.
  • “Eligible Student” means a student who has reached eighteen years or attends a postsecondary institution at the post-high school level. Parents of an eligible student are provided access to education 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.

An education record may have information on more than one student. Parents and eligible students will have the right to access or be informed about the information related to their student.

Parents, eligible students, and other individuals authorized in accordance with law will have a right to access the student’s education records upon request and during the regular business hours of the district 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 education records prior to an Individualized Education Program (IEP) meeting or hearing. 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.

Anyone, other than parents of an eligible student, may be denied access to a student’s education 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 education records.

Parents may inspect an instrument used for the purpose of collection of student personal information prior to the instrument’s use.

Copies of education records will be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the education records. Fees for copies of the records are waived if it will prevent the parents or student from accessing the records. A fee may not be charged to search or retrieve information from education records.

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

If the parents or an eligible student believes the information in the education records 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 education records.

The district will decide whether to amend the education records within a reasonable time after receipt of the request. If the district determines an amendment is to be made to the education record, 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 record is not appropriate, it will inform the parents or the eligible student of their right to a hearing before the hearing officer named and provided by the superintendent/designee. If the parents’ and the eligible student’s request to amend the education record is further denied following the hearing, the parents or the eligible student are informed that they have a right to place an explanatory letter in the education record commenting on the district’s decision or setting forth the reasoning for disagreeing with the district. Additions to the student’s records will become a part of the education record and be maintained like other education records. If the district discloses the education records, the explanation by the parents will also be disclosed.

Education records may be disclosed in limited circumstances without parental or the eligible student’s written permission. This disclosure is made on the condition that the education record will not be disclosed to a third party without the written permission of the parents or the eligible student. This disclosure may be made to the following individuals or under the following circumstances:

  • to district officials within the District and AEA personnel whom the superintendent/designee has determined to have a legitimate educational interest, including, but not limited to, board members, employees, district’s attorney, auditor, health professionals, and individuals serving on official district committees;
  • to officials of another school district in which the student wishes to enroll, provided the other school district notifies the parents the education 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 new school districts;
  • to 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 financial aid for which the student has applied or which the student has received;
  • to organizations conducting educational studies and the study does not release personally identifiable information;
  • to accrediting organizations;
  • to parents of a dependent student as defined in the Internal Revenue Code;
  • to comply with a court order or judicially issued subpoena;
  • consistent with an inter-agency agreement between the District and juvenile justice agencies;
  • in connection with a health or safety emergency; as directory information; or
  • in additional instances as provided by law.

The superintendent/designee will keep a list of the individuals and their positions who are authorized to view a special education student’s education 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 public inspection and updated as changes occur.

The superintendent/designee will also keep a list of individuals, agencies and organizations which have requested or obtained access to a student’s records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records. The superintendent/designee, however, does not need to keep a list of the parents, authorized educational employees, officers and agencies of the district who have accessed the student’s education records. This list for an education record may be accessed by the parents, the eligible student and the custodian of education records.

Permanent education 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 records will be kept in a fire-safe vault or maintained electronically with a secure backup file.

When personally identifiable information, other than permanent education 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. 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 purposes of policy, “no longer needed to provide educational services” means that a record is no longer relevant to the provision of instruction, support, or related services and it is no longer needed for accountability and audit purposes. At a minimum, a record needed for accountability and audit purposes must be retained in compliance with the district’s record retention policy.

The district will cooperate with the juvenile justice system in sharing information contained in student permanent records regarding students who have become involved with the juvenile justice system. The district will enter into an inter-agency agreement with the juvenile justice agencies involved.

The purpose of the agreement is to allow for the sharing of information prior to a student’s adjudication in order to promote and collaborate between the district and the agencies to improve District 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 any information with the agencies 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 parties 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 a 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. 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.

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. 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 principal/designee of the attendance center where the student is currently or was enrolled. The principal/designee will then forward copies of the records within 10 business days of the request.

The district will provide training or instruction to employees about parents’ and eligible students’ rights under this policy. Employees will also be informed about the procedures for carrying out this policy.

The superintendent/designee shall annually notify parents and eligible students of their rights to:

  1. Inspect and review the student’s education records.
  2. Seek amendment of the student’s education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
  3. 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; and
  4. File a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the law.

The annual notice shall be given in a parent or eligible student’s native language. Should the district collect personal information from students for the purposes of marketing or selling that information, the district will annually notify parents of such activity, as well.

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 Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, Washington, DC. 20202-4605.

Legal Reference:
No Child Left Behind, Title IX, Sec. 9528, P.L.107-110 (2004).
USA Patriot Act, Sec. 507, P.L. 107-56. (2001).
20 U.S.C. § 1232g, -1415 (2004).
34 C.F.R. Pt. 99, 300, .610 et seq. (2004)
Iowa Code §§ 22; 279.9B, 280.24, .25, 622.10 (2007).
281 I.A.C. 12.3(4); 41.610 et seq
1980 Op. Att’y Gen. 720, 825
2002 IASB Policy Primer.

Cross Reference:
501 Series Student Attendance
505.01 Student Progress Reports and Conferences
507 Series Student Health and Well-Being
603.03 Special Education Services
805.10 School District Records
805.30 Student Records
1001.60 Examination of District Public Records

R.R. Exhibit #506.01 E1 – Education Records Checklist

R.R. Exhibit #506.01 E 2- Non-Parent Request Education Records

R.R. Exhibit #506.01 E3- Auth-Release of Education Records

R.R. Exhibit #506.01 E4 – Request for Hearing on Correction of Education Records

R.R. Exhibit #506.01 E5 – Request for Examination of Education Records

R.R. Exhibit #506.01 E6 – Notification of Transfer of Education Records

R.R. Exhibit #506.01 E7 – Letter to Parent-Receipt of Subpoena

R.R. Exhibit #506.01 E8 – Juvenile Justice Agency Info. Sharing Agreement

R.R. Exhibit #506.01 E9 – FERPA

R.R. Exhibit #506.01 E10 – Annual Notice-Education Records

R.R. Exhibit #506.01 E11 – Request to Withhold Directory Information

Adopted:
April 17, 1989

Reviewed:
May 18, 2009
May 17, 2009
June 20, 2011
May 16, 2016
September 16, 2021

Revised:
May 18, 2009
May 17, 2010
June 20, 2011
May 16, 2016
October 19, 2021