District Policies – Jefferson County School District R-1
Book:
District Policies – Jefferson County School District R-1
Section:
J: Students
Title:
Student Records/Release of Information on Students
Number:
JRA/JRC
Status:
Active
Legal:
20 U.S.C. 1232g (Family Educational Rights and Privacy Act of 1974)
34 C.F.R. 99.1 et seq. (regulations)
C.R.S. 19-1-301 et seq.
C.R.S. 22-32-109.1(6)
C.R.S. 22-32-109.3
C.R.S. 24-72-204 (3)(d)
Adopted:
06/26/1997
Last Revised:
06/12/2006
Last Reviewed:
Policy Detail
Student records are maintained in accordance with the Federal Family Educational Rights and Privacy Act of 1974, the Colorado Public Records Act, and the Colorado Children's Code Records and Information Act. The purpose of this policy is to assure parents and students themselves, if they are eighteen years of age or older, that they may have access to their education records; to provide for the permissible sharing of information with law enforcement agencies as provided by law; and to ensure that each individual's right to privacy shall be protected by limiting the transferability of education records without consent of the parent or eligible student except as otherwise provided by law.
Content and Custody of Records
The district maintains education records regarding each student enrolled in its schools. Records for currently enrolled students are maintained at the students' home school. The principal shall be the official custodian of the records of students in his or her building. The records of handicapped students are maintained at the home school. The person responsible for the maintenance of the records for these students shall be the area director. After graduation or withdrawal, all records shall be maintained at the student records center.
Student education records may contain, but will not necessarily be limited to, the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; and reports of serious or recurrent behavior patterns.
Access To Records
All requests for inspection and review of education records and requests for copies of such records, as well as disclosure of personally identifiable information except as provided by law, shall be maintained as a part of each individual's record. (Such request/information records shall be made available to the parent or eligible student upon request in accordance with the following requirements.):
A parent or guardian shall be able to inspect and review the student's education files. However, if a student is 18 years old or older, the student may inspect his or her own records and provide written consent for disclosure of education records and personally identifiable information therein. (Note: If an eligible student is a dependent for Federal Income Tax purposes, parents/guardians are entitled, along with the student, to have access to a student’s records.) Such student 18 years old or older shall be known as an eligible student. The exception is in the case of a severely or profoundly handicapped child who is legally determined to be incompetent to make such a decision and for whom legal guardianship is required beyond the age of 18. In those cases, the legally established guardian shall maintain the rights of privacy. This right also includes the right to an explanation and interpretation of these records and to obtain copies of such records. A legally emancipated student may inspect his or her own records and has the right to an explanation and interpretation of such records.
The building principal shall provide such personnel as is necessary to give explanations and interpretations of the student records when requested by parents or the eligible student.
In all cases where access to student records is requested, except as provided in this policy, a written request to see the files must be made by the parent or eligible student. The principal, upon receipt of the written request, shall provide access to inspect and review the records and set a date and time for such inspection and review.
The parent or eligible student shall examine the student's records in the presence of the principal and/or other person(s) designated by the principal. Only licensed/certificated personnel may be so designated.
The record itself shall not be taken from the school building. However, upon request, one copy of the record shall be provided within a reasonable time to the parent or eligible student at a reasonable cost.
Request to Amend Education Records
Parents or eligible students who believe that information contained in the education records of a student is inaccurate or misleading or violates the privacy or other rights of the student may request that the district amend the records. Parents may make such requests of the building principal or by a formal hearing if the request has been denied by the principal. If the principal denies the request to amend, the parent may make a written appeal to the superintendent.
If the first two steps have not resulted in a record change, then the parent or eligible student may request a formal hearing. A request for a formal hearing must be made in writing and addressed to the superintendent of schools. The hearing will be held in accordance with the following:
The hearing will be held within a reasonable time after receipt of the request. Notice of the date, place, and time of the hearing will be forwarded to the parent or eligible student by certified mail.
The hearing will be conducted by a 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.
The parents or eligible student 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.
The official designated above shall make a decision in writing following the conclusion of the hearing and shall notify the parent or eligible student of that decision by certified mail.
The decision of the official shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reason for the decision.
The decision shall include a statement informing the parents or eligible student of their right to place in the student 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 by the school district. If the student record is disclosed by the school to any other party, the explanation also shall be disclosed to that party.
Disclosure Without Written Consent
The school district will disclose personally identifiable information from student records without written consent of the parent or eligible student only to:
A school official within the district having a legitimate educational interest in the education record or the personally identifiable information contained therein. A “school official” for purposes of this policy is a person employed in the district as an administrator, supervisor, instructor or support staff member; a person serving on the Board of Education; a person or company with whom the district has contracted to perform specialized tasks (such as attorneys, consultants and health care providers); or a parent/guardian or student serving on an official committee or assisting another school official in performing his or her tasks.
For purposes of this policy, a school official is determined to have a “legitimate educational interest” if disclosure to the official is:
Necessary for that official to perform appropriate tasks that are specified in his or her position description or by a contract agreement;
Used within the context of official school district business and not for purposes extraneous to the official’s areas of responsibility;
Relevant to the accomplishment of some task or to a determination about the student; and
consistent with the purposes for which the data are maintained.
Officials of another school or school system in which the student seeks or intends to enroll. In this case, disciplinary information may be included.
Authorities named in the Family Educational Rights and Privacy Act and accompanying federal regulations. These include: comptroller general of the United States, secretary of education, directors of other federal education agencies, assistant secretary of education, state educational authorities, and authorities investigating or providing emergency service involving the health and safety of students.
Law enforcement agencies that have legitimate interest in it with respect to students at risk, suspected or accused of criminal activity. "Law enforcement agencies" include any court with criminal jurisdiction and any agency of the state or of any county, city and county, home rule city and county, home rule city or county, city, town, territorial charter city, governing board of an institution of higher education, school district, special district, judicial district, or law enforcement authority which performs any activity directly relating to the detection or investigation of crime; the apprehension, pretrial release, post trial release, prosecution, correctional supervision, rehabilitation, evaluation, or treatment of accused persons or criminal offenders; or criminal identification activities or the collection, storage, or dissemination of arrest and criminal records information.
Legitimate organizations offering or administering financial aid to students, in accordance with FERPA, if the student has applied for or is receiving financial aid and if the information is necessary to a) determine student eligibility for the aid; b) determine the amount of the aid; c) determine the conditions for the aid; or, d) enforce the terms and conditions of the aid.
Accrediting institutions
Legitimate and recognized testing and research organizations as long as a) confidentiality is maintained; b) records are destroyed after they are no longer needed; and, c) requests for student records under this exemption are reviewed by Assessment & Research to determine if request is subject to district policy IGB.
Anyone if required by a court order or subpoena. The school shall inform the parent or eligible student prior to complying with the subpoena or court order. The school district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student.
Disclosure to Military Recruiting Officers
Name, address, and home telephone number of secondary school students will be released to military recruiting officers unless a student, parent, or guardian submits a written request that such information should not be released. Actual direct expenses incurred in furnishing this information shall be paid for by the requesting services.
Disclosure to Other Parties
The school shall not disclose student records to other individuals or parties without prior written consent of the parent or eligible student.
Disclosure of Directory Information
The school district may disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of information, provided such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday.
"Directory information" means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes but is not limited to the student's name, e-mail address, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, grade level, enrollment status, degrees and awards received, the most recent and previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses will not be disclosed pursuant to this section.
"Directory information" also includes photographic, video or electronic images of students engaged in classroom and extracurricular programs, activities and other school functions maintained by the district. Photographic, video and electronic images of students may be shared with the public through the district's newsletters, reports, websites or other district communications unless refusal to designate such images as directory information is provided as set forth in this policy.
Annual Notification of Rights
The school district will notify the parents or eligible students of their rights pursuant to this policy at the beginning of each academic year. Copies of this policy or forms may be obtained from the office of the superintendent any time during normal business hours. Copies of this policy can also be obtained on the Jefferson County Public Schools home page on the internet (jeffco.k12.co.us). Complaints regarding violations of rights accorded parents and eligible students pursuant to the Family Rights and Privacy Act may be submitted to the local Office for Civil Rights of the Department of Education.
Waivers
A parent or eligible student may waive any or all rights protected by this policy. The waiver shall not be valid unless in writing, signed and dated by the parent or eligible student, and specifying the records to be released, the reasons for such release, and to whom. Any waiver under this provision may be revoked at any time in writing.
Applicability
This policy applies to all district employees and authorized volunteers in all schools and departments throughout the district, including the district's department of safety and security.
CROSS REFERENCE:
JRA/JRC - R, Student Records/Release of Information on Students
JK, Student Discipline
JS, Student Use of the Internet