Article 66 - Student Records
Article 66
STUDENT RECORDS
Adopted 1/15/02
Section 66.1 Purpose
The purpose of this policy is to guarantee, protect
and maintain the confidentiality of student records pursuant to the
"Family Educational Rights and Privacy Act of 1974", as contained in 20
U.S.C. '1232g et seq. and as implemented by the Code
of Federal Regulations at 34 CFR Part 99.
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Section 66.2 Definitions [i]
The following definitions apply to
this policy:
(A) Act
shall mean the "Family Educational Rights and Privacy Act of 1974", as
contained in 20 U.S.C. '1232g et seq. and as implemented by the Code
of Federal Regulations at 34 CFR Part 99.
(B) Attendance
includes, but is not limited to:
(1) Attendance
in person or by correspondence; and
(2) The period
during which a person is working under a work‑study program.
(1) The term
means the period of time during which a student attends or attended an
educational agency or institution. Examples of dates of attendance include an
academic year, a spring semester, or a first quarter.
(2) The term
does not include specific daily records of a student's attendance at an
educational agency or institution.
(D) 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, and includes but is not limited to the student's,
(2) address,
(3) telephone
listing,
(4) electronic
mail address,
(5) photograph,
(6) date
and place of birth,
(7) major
field of study,
(8) dates
of attendance,
(9) grade
level,
(10) enrollment
status,
(11) participation
in officially recognized activities and sports,
(12) weight
and height of members of athletic teams,
(13) degrees,
honors and awards received, and
(14) the
most recent educational agency or institution attended.
(E) Disciplinary
action or proceeding means the investigation, adjudication, or imposition of
sanctions by an educational agency or institution with respect to an infraction
or violation of the internal rules of conduct applicable to students of the
agency or institution.
(F) Disclosure
means to permit access to or the release, transfer, or other communication of
personally identifiable information contained in education records to any
party, by any means, including oral, written, or electronic means.
(G) District
shall mean the Saranac Lake Central School District.
(H) Educational
agency or institution means any public or private agency or institution to
which this policy applies, including the District.
(I) Education
records.
(1) The term
means those records that are:
(a) directly
related to a student; and
(b) maintained
by the District or by a party acting for the District.
(2) The term
does not include records:
(a) kept in the
sole possession of the maker, are used only as a personal memory aid, and are
not accessible or revealed to any other person except a temporary substitute
for the maker of the record;
(b) of a law
enforcement unit of the District, subject to the provisions of section 66.5;
(c) relating to
an individual who is employed by the District, that:
(i) are made and
maintained in the normal course of business;
(ii) relate
exclusively to the individual in that individual's capacity as an employee; and
(iii) are not
available for use for any other purpose.
(d) on a student
who is 18 years of age or older that are:
(i) made or
maintained by a physician, psychiatrist, psychologist, or other recognized
professional or paraprofessional acting in his or her professional capacity or
assisting in a paraprofessional capacity;
(ii) made,
maintained, or used only in connection with treatment (other than remedial
educational activities or activities that are part of the program of
instruction) of the student; and
(iii) disclosed
only to individuals providing the treatment; and
(e) that only
contain information about an individual after he or she is no longer a student
of the District.
(J) Eligible
student means a student who has reached 18 years of age or is attending an
institution of postsecondary education.
(K) Institution
of postsecondary education means an institution that provides education to
students beyond the secondary school level; "secondary school level"
means the educational level (not beyond grade 12) at which secondary education
is provided as determined under State law.
(L) Law
enforcement unit means any individual, office, department, division, or other
person/entity, including but not limited to a unit of commissioned police
officers or non‑commissioned security guards, that is officially
authorized or designated by the District
to:
(1) enforce any
local, State, or Federal law, or refer to appropriate authorities a matter for
enforcement of any local, State, or Federal law against any individual or
organization other than the District itself; or
(2) maintain the
physical security and safety of the District, its students, staff and/or
officials.
A component of an educational agency or institution
does not lose its status as a law enforcement unit if it also performs other,
non‑law enforcement functions for the District, including investigation
of incidents or conduct that constitutes or leads to a disciplinary action or
proceedings against the student.
(M) Parent
means a parent of a student and includes a natural parent, a guardian, or an
individual acting as a parent in the absence of a parent or a guardian.
(N) Party
means an individual, agency, institution, or organization.
(O) Personally
identifiable information includes, but is not limited to:
(1) the
student's name;
(2) the name of
the student's parent or other family member;
(3) the address
of the student or student's family;
(4) a personal
identifier, such as the student's social security number or student number;
(5) a list of
personal characteristics that would make the student's identity easily
traceable; or
(6) other
information that would make the student's identity easily traceable.
(P) Record
means any information recorded in any way, including, but not limited to,
handwriting, print, computer media, video or audio tape, film, microfilm, and
microfiche.
(Q) Records
of a law enforcement unit:
(1) means those
records, files, documents, and other materials that are:
(a) created by a
law enforcement unit;
(b) created for
a law enforcement purpose; and
(c) maintained
by the law enforcement unit.
(a) records
created by a law enforcement unit for a law enforcement purpose that are
maintained by a component of the educational agency or institution other than
the law enforcement unit; or
(b) records
created and maintained by a law enforcement unit exclusively for a non‑law
enforcement purpose, such as a disciplinary action or proceeding conducted by
the educational agency or institution.
(R) Secretary
means the Secretary of the U.S. Department of Education or an official or
employee of the Department of Education acting for the Secretary under a
delegation of authority.
(S) Student,
except as otherwise specifically provided in this part, means any individual
who is or has been in attendance at District facilities and regarding whom the
District maintains education records.
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Section 66.3 Rights of Parents &
Students [ii]
(A) The
District shall give full rights under the Act to either parent, unless the
District has been provided with evidence that there is a court order, State
statute, or legally binding document relating to such matters as divorce,
separation, or custody that specifically revokes these rights.
(B) When
a student becomes an eligible student, the rights accorded to, and consent
required of, parents under this policy transfer from the parents to the
student.
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Section 66.4 Annual Notification to Parents &
Eligible Students [iii]
(A) The
District shall annually notify parents of students currently in attendance, or
eligible students currently in attendance, of their rights under the Act and
this policy by any means reasonably likely to inform them of such rights,
including use of a letter substantially in the form attached hereto as Exhibit
A.
(B) The
District shall effectively notify parents or eligible students who are disabled
or who have a primary or home language other than English.
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Section 66.5 Records of a Law Enforcement
Unit [iv]
Education records, and personally identifiable
information contained in education records, do not lose their status as
education records and remain subject to the Act, including the disclosure
provisions of section 66.11, while in the possession of a law enforcement unit.
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Section 66.6 Rights of Parent or Eligible Student to
Inspect And Review Education Records [v]
(A) Except
as limited under paragraph (G) of this section, a parent or eligible student
shall be given the opportunity to inspect and review the student's education
records by submitting to the District a written request.
(B) The
District shall comply with a request for access to records within a reasonable
period of time, but not more than 45 days after it has received the request.
(C) The
District shall respond to reasonable requests for explanations and
interpretations of the records.
(D) If
circumstances effectively prevent the parent or eligible student from
exercising the right to inspect and review the student's education records, the
District shall:
(1) provide the
parent or eligible student with a copy of the records requested; or
(2) make other
arrangements for the parent or eligible student to inspect and review the
requested records.
(E)
The District shall not
destroy any education records if there is an outstanding request to inspect and
review the records under this section.
(F)
While the District is
not required to give an eligible student access to treatment records under
subparagraph (2)(d) of paragraph (I) ("Education records") in section
66.3 of this policy, the student may have those records reviewed by a physician
or other appropriate professional of the student's choice.
(G) If
the education records of a student contain information on more than one
student, the parent or eligible student may inspect and review or be informed
of only the specific information about that student.
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Section 66.7 Fees For Copies of Education
Records [vi]
(A) No
fee shall be charged:
(1) to a parent
or eligible student for furnishing them with a copy of an education record
which is made for the parent or eligible student;
(2) to search
for or to retrieve the education records of a student; or
(3) to State or
Federal officials entitled to inspect and review such records, or to another
educational institution at which the student is or seeks to enroll.
(B) A
fee of 25 cents per page may, in the discretion of the superintendent, be
charged to third parties for furnishing them with copies of an education record
to which they are entitled to access by consent or by law.
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Section 66.8 Amendment
of Education Records [vii]
(A) If
a parent or eligible student believes the education records relating to the
student contain information that is inaccurate, misleading, or in violation of
the student's rights of privacy, he or she may make a written request to the
Superintendent to amend the record. The
written request shall identify the record or records which is/are claimed to be
inaccurate, misleading or otherwise in violation of the privacy or other rights
of the student, and shall include a statement of the reasons for challenging
the record(s).
(B) The
Superintendent shall review the record and make any additional investigation
that he/she deems appropriate in order to determine whether to amend the record
as requested.
(C) Within
15 school business days of receipt of a request, the Superintendent shall issue
a written decision indicating either that:
(1) the
challenged record(s) is/are inaccurate, misleading or otherwise in
violation in whole or in part and that
the same will be corrected or deleted, or
(2) there is no
basis for correcting or deleting the record in question, and stating the
reasons therefor, as well as informing the parent or eligible student of their
right to a hearing under section 66.9 of this policy.
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Section 66.9 Hearing On Amendment of
Records [viii]
(A) Within
fourteen (14) days of receipt of the Superintendent's determination under
paragraph (C)(2) of section 66.8 of this policy, a parent/guardian or eligible
student may request in writing to the Board President that a hearing be held to
review the determination of the Superintendent.
(B) The
District shall hold the hearing within a reasonable time after it has received
the request for the hearing from the parent or eligible student, which shall in
no event be more than thirty (30) days after such receipt.
(C) The
District shall give the parent or eligible student notice of the date, time,
and place, reasonably in advance of the hearing.
(D) The
hearing may be conducted by any individual, including an official of the
District, who does not have a direct interest in the outcome of the hearing.
(E) The
District shall give the parent or eligible student a full and fair opportunity
to present evidence relevant to the issues raised under section 66.8. The parent or eligible student may, at their
own expense, be assisted or represented by one or more individuals of his or
her own choice, including an attorney.
(F) A
written record shall be made of all evidence submitted at the hearing.
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Section 66.10 Decision After Hearing [ix]
(A) Within
fourteen (14) days after conclusion of the hearing under section 66.9, a
written decision shall be made and issued.
A copy shall be furnished to the parent(s) or eligible student, and the
original shall be sent to the Superintendent.
(B) The
decision must be based solely on the evidence presented at the hearing, and
must include a summary of the evidence and the reasons for the decision.
(C) If,
as a result of the hearing, the Board or committee decides that the information
is inaccurate, misleading, or otherwise in violation of the privacy rights of
the student, it shall:
(1) amend the
record accordingly; and
(2) inform the
parent or eligible student of the amendment in writing.
(D) If,
as a result of the hearing, the Board or committee decides that the information
in the education record is not inaccurate, misleading, or otherwise in
violation of the privacy rights of the student, it shall inform the parent or
eligible student of the right to place a statement in the record commenting on
the contested information in the record or stating why he or she disagrees with
the decision, or both.
(E) If
the District places a statement in the education records of a student under
paragraph (D) of this section, the District shall:
(1) maintain the
statement with the contested part of the record for as long as the record is
maintained; and
(2) disclose the
statement whenever it discloses the portion of the record to which the
statement relates.
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Section 66.11 Prior Consent Required To
Disclose Information [x]
(A) Except
as provided in section 66.12, a parent or eligible student shall provide a
signed and dated written consent before the District discloses personally
identifiable information from the student's education records.
(B) The
written consent must:
(1) specify
the records that may be disclosed;
(2) state
the purpose of the disclosure; and
(3) identify the
party or class of parties to whom the disclosure may be made.
(C) When
a disclosure is made under paragraph (A) of this section:
(1) if a parent
or eligible student so requests, the District shall provide him or her with a copy
of the records disclosed; and
(2) if the
parent of a student who is not an eligible student so requests, the District
shall provide the student with a copy of the records disclosed.
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Section 66.12 Disclosure Of Information Without Prior
Consent [xi]
(A) The
District may disclose personally identifiable information from an education
record of a student without the consent required by section 66.11 if the
disclosure is to or for any of the following:
(1) to District
officials, including teachers, whom the Superintendent has determined to have
legitimate educational interests;
(2) to officials
of another school, school system, or institution of postsecondary education
where the student seeks or intends to enroll, pursuant to section 66.15.
(3) to
authorized representatives of:
(a) the
Comptroller General of the United States;
(b) the Attorney
General of the United States;
(c) the
Secretary; or
(d) State and
local educational authorities.
(4) in
connection with financial aid (payment of funds or a payment in kind of
tangible or intangible property to the individual that is conditioned on the
individual's attendance at an educational agency or institution) for which the
student has applied or which the student has received, if the information is
necessary for such purposes as to:
(a) determine
eligibility, amount, and/or conditions of/for the aid; or
(b) enforce the
terms and conditions of the aid.
(5) to State and
local officials or authorities to whom this information is specifically:
(a) allowed to
be reported or disclosed pursuant to State statute adopted before November 19,
1974, if the allowed reporting or disclosure concerns the juvenile justice
system and the system's ability to effectively serve the student whose records
are released; or
(b) allowed to be
reported or disclosed pursuant to State statute adopted after November 19,
1974, subject to the requirements of section 66.19.
(6) to
organizations (including but not limited to, Federal, State, and local
agencies, and independent organizations) conducting studies for, or on behalf
of, the District to:
(a) develop,
validate, or administer predictive tests;
(b) administer
student aid programs; or
(c) improve
instruction;
but only if the study is conducted in a manner that
does not permit personal identification of parents and students by individuals
other than representatives of the organization, and the information is
destroyed when no longer needed for the purposes for which the study was
conducted.
(7) to
accrediting organizations to carry out their accrediting functions.
(8) to parents
of a dependent student, as defined in section 152 of the Internal Revenue Code
of 1986.
(9) to comply
with a judicial order or lawfully issued subpoena, in which event:
(a) the District
shall make a reasonable effort to notify the parent or eligible student of the
order or subpoena in advance of compliance, so that the parent or eligible
student may seek protective action, unless the disclosure is in compliance with‑‑
(1) a Federal
grand jury subpoena and the court has ordered that the existence or the
contents of the subpoena or the information furnished in response to the
subpoena not be disclosed; or
(2) any other
subpoena issued for a law enforcement purpose and the court or other issuing
agency has ordered that the existence or the contents of the subpoena or the
information furnished in response to the subpoena not be disclosed.
(a) where the
District has initiated legal action against a parent or student, the District
may disclose the education records of the student that are relevant for the
District to proceed with the legal action as plaintiff; or
(b) where a
parent or eligible student has initiated legal action against the District, the
District may disclose the student's education records that are relevant for the
District to defend itself.
(11) in
connection with a health or safety emergency, under the conditions described in
section 66.17.
(12) the
information has been designated by the District as "directory
information", under the conditions described in section 66.18.
(13) to the
parent of a student who is not an eligible student or to the student.
(B) Paragraph
(A) of this section does not forbid the District from disclosing, nor does it
require the District to disclose, personally identifiable information from the
education records of a student to any parties under subparagraphs (1) through
(12) thereof.
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Section 66.13 Recordkeeping Requirements For
Disclosures [xii]
(A) The
District shall maintain a record of each request for access to and each
disclosure of personally identifiable information from the education records of
each student, and shall maintain such record with the education records of the
student as long as the records are maintained; except that no such record shall
be made or maintained if the request was from, or the disclosure was to:
(1) the parent
or eligible student;
(2) a District
official under section 66.12(A)(1);
(3) a party with
written consent from the parent or eligible student;
(4) a party
seeking directory information; or
(5) a party
seeking or receiving the records as directed by a Federal grand jury or other
law enforcement subpoena and the issuing court or other issuing agency has
ordered that the existence or the contents of the subpoena or the information
furnished in response to the subpoena not be disclosed.
(B) The
record for each request or disclosure must include:
(1) the parties
who have requested or received personally identifiable information from the
education records; and
(2) the
legitimate interests the parties had in requesting or obtaining the
information.
