5125 5125Students
Student Records; Confidentiality
Educational records will be kept for each student and will reflect the physical, emotional, social and academic aspects of a student's development in the educational process.
The Board of Education recognizes the legal requirements to maintain the confidentiality of student records. The procedures for the confidentiality of student records shall be consistent with federal statutes, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations and the Connecticut General Statutes.
Safeguards shall be established by the school administration to protect the student and the student's family from invasion of privacy in the collection, maintenance and dissemination of information, and to provide accessibility to recorded information by those legally entitled thereto.
For the purposes of this policy:
"Parent" means a natural parent, an adopted, or a legal guardian or an individual acting as a parent in the absence of a parent or guardian. If parents are divorced or legally separated the parent granted custody and the parent not granted custody of a minor child both have the right of access to the academic, medical, hospital, or other health records of the child, unless a court order prohibits access. Whenever a student has attained the age of 18 years or is attending an institution of post-secondary education, the permission or consent required of, and the rights accorded to, the parents or guardians of the student shall thereafter only be required of, and accorded to, the student.
"Student record" means any item of information directly related to an identifiable student, other than directory information, which is maintained by a school district or required to be maintained by an employee in the performance of his/her duties whether recorded in handwriting, print, computer media, video or audio tape, film, microfilm and microfiche. Student records include information relative to an individual student gathered within or without the school system and maintained within the school system, regardless of the physical form in which it is maintained. Any information maintained for the purpose of review by a second party is considered a student record.
"Student record" shall not include informal notes related to a student compiled by a school officer or employee which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute.
"Substitute" means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position.
"School Official" means a person employed by the District as an administrator, supervisor, instructor, or support staff member, including health or medical staff and law enforcement unit personnel.
The Superintendent shall be responsible for ensuring that all requirements under federal and state statutes shall be carried out by the district. He/She will develop procedures providing for the following:
A. Annually informing parents of their rights.
B. Permitting parents to inspect and review educational records, including, at least, a statement of the procedure to be followed by a parent or eligible student who requests to inspect and review the educational records, with an understanding that the procedure may not deny access to educational records; a description of the circumstances in which the district feels it has a legitimate cause to deny a request for a copy of such records; a schedule of fees for copies; and a listing of the types and locations of education records maintained by the school and the titles and addresses of school officials responsible for those records.
C. Not disclosing personally identifiable information from a student's education records without the prior written consent of the student's parent, except as otherwise permitted by administrative regulations; including at least a statement of whether the school will disclose personally identifiable information from the records to other school officials within the school who have been determined by the school to have legitimate educational interests, and, if so, a specification of the criteria for determining which parties are "school officials" and what the school considers to be a "legitimate educational interest"; and a specification of the personally identifiable information to be designated as directory information.
D. Maintaining the record of disclosures of personally identifiable information from a student's education records and permitting a parent to inspect that record.
E. Providing a parent with an opportunity to seek the correction of the student's education records through a request to amend the records or a hearing, and permitting the parent or an eligible student to place a statement in the education records of the student.
F. Guaranteeing access to student records to authorized persons within five days following the date of request.
G. Assuring security of student records.
H. Enumerating and describing the student records maintained by the school system.
I. Annually informing parents under what conditions that their prior consent is not required to disclose information.
J. Ensuring the orderly retention and disposition, per applicable state statutes, of the districts student records.
Legal Reference: Connecticut General Statutes
1-19(b)(11) Access to public records. Exempt records.
7-109 Destruction of documents.
10-15b Access of parent or guardians to student's records.
10-154a Professional communications between teacher or nurse & student.
10-209 Records not to be public.
10-221b Boards of education to establish written uniform policy re: treatment of recruiters.
11-8a Retention, destruction and transfer of documents
11-8b Transfer or disposal of public records. State Library Board to adopt regulations.
46b-56 (e) Access to Records of Minors.
Connecticut Public Records Administration Schedule V - Disposition of Education Records (Revised 1983).
Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C.1232g.).
Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g)-parent and student privacy and other rights with respect to educational records, as amended 11/21/96.
Policy adopted: 4/7/08
Students
Student Records; Confidentiality
Definitions
As used in this regulation:
A. "Student Record" means any item of information directly related to an identifiable student, other than directory information, which is maintained by the school district or required to be maintained by an employee in the performance of his/her duties whether recorded by handwriting, print, computer media, video or audio tape, film, microfilm and microfiche. Student records include information relative to an individual student gathered within or without the school system and maintained within the school district, regardless of the physical form in which it is maintained. Any information which is maintained for the purpose of review by a second party is considered a student record.
B. "Student record" shall not include informal notes related to a student compiled by a school officer or employee which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute.
C. "Substitute" means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of notes in his or her position. Medical records are not open to public inspection.
D. "Directory information" means one or more of the following items: student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, photograph, grade level, electronic mail address, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the student.
E. "Parent" means a natural parent, an adopted parent, or legal guardian or an individual acting as a parent in the absence of a parent or guardian. If parents are divorced or legally separated, both the parent granted custody and the parent not granted custody have the legal right of access to the academic, medical, hospital or other health records of the child, unless a court order prohibits access.
F. Whenever a student has attained eighteen (18) years or is attending an institution of post-secondary education, the permission or consent required of, and the rights accorded to, the parents or guardian of the student shall thereafter only be required of, and accorded to, the student, unless parents of a student eighteen (18) years of age or older who is a dependent as defined in Section 152 of the Internal Revenue Code of 1956.
G. "School Official" means a person employed by the district as an administrator, supervisor, instructor or support staff member, including health or medical staff and law enforcement unit personnel.
H. "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.
I. "Personally Identifiable Information" includes but is not limited to the students name, the name of the student's parent or other family member, the address of the student or student's family, a personal identifier such as the student's social security number or student number, a list of personal characteristics or other information that would make the student's identify easily traceable.
J. "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.
K. "Access" means a personal inspection and review of a record or an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record and a request to release a copy of any record.
L. "Student" means a person who is or was enrolled in a school.
M. "Adult student" means a person who is or was enrolled in school and who is at least eighteen (18) years of age.
N. "Eligible student" means a person sixteen (16) years or older or who has completed Grade 10.
Types of Records
The school district shall maintain only the following three categories of records:
A. Mandatory Permanent Student Records are those records which are maintained in perpetuity and which schools have been directed to compile by statute, regulation, or authorized administrative directive. Such records shall include the following:
B. Legal name of student
C. Date of birth
D. Method of verification of birth date
E. Sex of student
F. Place of birth
G. Name and address of parent of minor student
H. Address of minor student if different than the above
I. An annual verification of the name and address of the parent and the residence of the student
J. Entering and leaving date of each school year and for any summer session or other extra session
K. Subjects taken during each year, half-year, summer session, or quarter
L. If marks or credit are given, the mark or number of credits toward graduation allowed for work taken
M. Verification or exemption from required immunizations
N. Date of high school graduation or equivalent.
O. Mandatory Interim Student records are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed as per statute, regulations, or authorized administrative directive. Such records include the following:
1. A log or record shall be maintained for each student's record which lists all persons, agencies or organizations requesting or receiving information from the record, and the legitimate interests therefor. (Exception from listing, see Access Log, #2.)
2. Health information, including Child Health Developmental Disabilities Prevention Program verification or waiver.
3. Participation in special education programs including required tests, case studies, authorizations, and actions necessary to establish eligibility for admission or discharge.
4. Language training records.
5. Progress slips and/or notices.
6. Parental restrictions regarding access to directory information or related stipulations.
7. Parent or adult student rejoinders to challenged records and to disciplinary action.
8. Parental authorizations or prohibitions of student participation in specific programs.
9. Results of standardized tests administered within the preceding three years.
Q. Permitted Records are those records having clear importance only to the current educational process of the student. Such records may include the following:
1. Objective counselor and/or teacher ratings
2. Standardized test results older than three years
3. Routine discipline data
4. Verified reports of relevant behavioral patterns
5. All disciplinary notices
Maintenance and Security of Student Records
A. Custodian of Records
1. Principals are designated as custodian of student records.
a. Custodians are responsible for implementing Board of Education policies and administrative regulations relating to student records.
b. Custodians are responsible for student record security and shall develop procedures to insure that access is limited to authorized persons.
c. Custodians are responsible during an inspection for interpretation of the records where necessary and prevention of alteration, damage, or loss.
2. Principals are responsible for implementation of Board of Education policies and administrative regulations relating to student records maintained in that school.
B. Files
1. A record for each individual student shall be maintained in a central file at the school attended by the student, or when records are maintained in different locations, a notation shall be placed in the central file indicating where such records may be found.
2. Student records shall be stored in locked containers or rooms.
C. Information: All anecdotal information and assessment reports maintained as student records must be dated and signed by the individual who originated the record. Each school Principal shall keep on file a record of enrollment and scholarship for each student currently enrolled in that school.
Access to Student Records
A. Parents
1. Parents of currently enrolled or former students shall have an absolute right during regular business hours to access to any and all student records related to their children which are maintained by the district. Neither the student record, nor any part thereof, shall be withheld or edited. If the student records contain information on more than one student, the parent may inspect and review or be informed of only the specific information which pertains to that student.
2. A parent or guardian's request for access to student records shall be made in writing to the custodian of student records. Access shall be granted no later than forty-five (45) days following the date of the request.
3. A requesting parent shall be notified of the location of all student records, if not centrally located.
4. When a parent's dominant language is not English, the district shall make an effort to
a. provide interpretation of the student record in the dominant language of the parent, or
b. assist the parent in securing an interpreter.
B. Other than Parents with Parental Consent
1. The custodian of student records may permit access to student records during regular school hours (a) to any person for whom a student's parent has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released; or (b) to the student if he/she is an emancipated minor, or has entered a post secondary educational institution.
2. The recipient must be notified that the transmission of the information to others without the written consent of the parent is prohibited.
3. The consent notices shall be kept permanently with the student record.
C. Without Parental Consent
1. No person or agent shall be permitted access to student records without written parental consent or under judicial order, except that access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
a. Officials and employees of other public schools or school districts, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided, where the student intends to or is directed to enroll. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
b. Authorized representatives of the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, state education officials, or their respective designees, or the United States Office for Civil Rights where such information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law; provided that except when collection of personally identifiable information is specifically authorized by federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students or their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of federal legal requirements.
c. Other state and local officials to the extent that such information is specifically required to be reported pursuant to state law.
d. Parents of a student eighteen (18) years of age or older who is a dependent as defined in Section 152 of the Internal Revenue Code of 1954.
e. A student sixteen (16) years of age or older having completed the tenth grade who requests such access.
D. Information from student records may be released to the following:
1. Appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of other persons. The factors to be considered in determining whether information may be disclosed include the seriousness of the threat to the health or safety of the student or other individuals, the need for the information to meet the emergency, whether the parties to whom the information is disclosed are in a position to deal with the emergency, and the extent to which time is of the essence in dealing with the emergency. 34 CFR 99.36, Conditions for disclosure of information in health and safety emergencies.
2. Agencies or organizations in connection with a student's application form or receipt of financial aid, provided that information permitting the personal identification of students or their parents may be disclosed only as may be necessary for such purposes as to determine the amount of the financial aid, to determine the conditions which will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
3. Accrediting organizations in order to carry out their accrediting functions.
4. Organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted.
5. Officials and employees of private schools or school districts where the student is enrolled or intends to enroll subject to the rights of parents by law.
E. No person, persons, agency, or organization permitted access to student records pursuant to this regulation shall permit access to any information obtained from such records by any other person, persons, agency or organization without the written consent of the student's parent; provided, however, that this paragraph shall not be construed to require prior parental consent when information obtained pursuant to this regulation is shared with other persons within the district so long as such persons have an equal legitimate interest in the information.
F. Court Order
1. Information concerning a student shall be furnished in compliance with a court order.
a. Unless otherwise judicially instructed, the custodian shall, prior to the disclosure of any student's records pursuant to a court order, give the parent and the student three days notice, if lawfully possible, within the requirements of the judicial order, of the name of the requesting agency and the specific records requested. Such notice shall be in writing if possible.
b. Only those records related to the specific purpose of the court order shall be disclosed.
2. The service of a subpoena upon a district employee or official solely for the purpose of causing the employee to produce a school record pertaining to any student may be complied with by such employee, in lieu of personal appearance as witness in the proceeding, by submitting to the court, or other agency issuing the subpoena, at the time and place required by the subpoena, a copy of such record, accompanied by an affidavit certifying that such copy is a true copy of the original record on file in the school or school office. The copy of the record shall be in the form of a photograph, microfilm, micro card, or miniature photograph or other photographic copy or reproduction or an enlargement thereof.
3. Nothing in this regulation shall preclude the district from providing in its discretion statistical data from which no student may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of students.
4. If it is determined, per the federal regulations, that a third party improperly redisclosed personally identifiable information from education records in violation of 599.33(a), the district may not allow that third party access to personally identifiable information from education records for at least five years
G. Disclosure of Information in Health and Safety Emergencies
1. The district may include in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well being of that student, other students, or other members of the school community.
2. Such appropriate information concerning disciplinary action may be disclosed to teachers and school officials in the district who have been determined to have legitimate educational interests in the behavior of the student. This must be strictly construed.
3. Such appropriate information, concerning disciplinary action, may be disclosed to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student. This must be strictly construed.
4. Pursuant to C.G.S. 19a-581 through 19a-585, confidential information concerning HIV status may not be released to anyone EXCEPT a health care provider with a written release from the parents.
H. Criteria
1. "School officials and employees" as used in this regulation means district employees and elected district officers.
2. The following criteria shall be used in determining whether a "school official or employee" has a "legitimate educational interest".
a. The employee has an instructional or supervisory responsibility toward the student that, in order to be fulfilled, requires knowledge of the contents of the student's records.
b. The employee has an administrative duty that requires information contained in the student's records.
c. The school official is engaged in a disciplinary proceeding that requires disclosure of all or part of the student's records in order to come to a just conclusion.
Challenging Contents of Records
A. Following an inspection and review of a student's records the parent or guardian of the student or former student may challenge the content of any student record.
1. The parent or eligible student may file a written request with the Superintendent of Schools to correct or remove any information recorded in the written records concerning the parent's child which the parent alleges to be:
a. Inaccurate, misleading or in violation of the student's rights of privacy.
b. An unsubstantiated personal conclusion or inference.
c. A conclusion or inference outside of the observer's area of competence.
d. Not based on the personal observation of a named person with the time and place of the observation noted.
2. Within 30 days of receipt of such request, the Superintendent or designee shall meet with the parent or guardian and the certified employee who recorded the information in question, if any, and if the employee is presently employed by the school district.
3. The information shall be corrected or removed if the Superintendent sustains any or all of the allegations.
4. If the Superintendent denies any or all of the allegations and refuses to order the correction or the removal of the information, the parent or guardian may, within 30 days of the refusal, appeal the decision in writing to the Board of Education.
a. Within 30 days of receipt of such an appeal, the Board of Education shall, in closed session with the parent or guardian and the certified employee who recorded the information in question, if any, and if such employee is presently employed by the district, determine whether or not to sustain or deny the allegations. The decision of the Board of Education shall be final.
b. If the Board of Education sustains any or all of the allegations, it shall order the Superintendent to immediately correct or remove and destroy the information from the student's written records.
c. Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the Board of Education unless the parent or guardian initiates legal proceedings relative to the disputed information within the prescribed period.
5. If the final decision of the Board of Education is unfavorable to the parent or guardian, or if the parent or guardian accepts an unfavorable decision by the Superintendent, the parent or guardian shall have the right to submit a written statement of his/her objections to the information. This statement shall become a part of the student's school record until such time as the information objected to is corrected or removed.
B. Hearing Panel
1. Either the Superintendent of Schools or the Board of Education may convene a hearing panel composed of the following persons, provided the parent has given written consent to release information from the relevant student's records to the members of the panel so convened, to assist in making determinations;
a. The Principal of a public school other than the one at which the record is on file.
b. A certified employee appointed by the parent or guardian.
c. A parent appointed by the Superintendent or by the Board of Education, depending upon who convenes the panel.
2. The persons appointed pursuant to the above paragraph, if possible, shall not be acquainted with the student, his/her parent or guardian, or the certified employee who recorded the information, except when the parent or guardian appoints the person pursuant to paragraph a (2) above.
3. The Principal appointed to the hearing panel shall serve as Chairperson.
4. The hearing panel shall, in closed session, hear the objections to the information of the parent and the testimony of the certified employee who recorded the information in question, if any, and if such employee is currently employed by the school system.
a. The hearing panel shall be provided with verbatim copies of the information which is the subject of the controversy.
b. Written findings shall be made setting forth the facts and decisions of the panel, and such findings shall be forwarded to the Superintendent or the Board of Education, depending upon who convened the panel.
5. The proceedings of the hearing shall not be disclosed or discussed by panel members except in their official capacities.
6. Whenever there is included in any student record information concerning any disciplinary action taken by school system personnel in connection with the student, the student's parent or guardian may include in such student's record a written statement or response concerning the disciplinary action.
Directory Information
A. The following student information is declared to be directory information:
1. Name
2. Address
3. Telephone number
4. Date and place of birth
5. Major field of study
6. Participation in officially recognized activities and sports
7. Weight and height of members of athletic teams
8. Dates of attendance
9. Degrees and awards received
10. Most recent previous public or private school attended by the student
B. Directory information may be released to the following:
1. Federal, state and local governmental agencies
2. Representatives of the news media, including but not limited to newspapers, magazines and radio and television stations
3. Employers or prospective employers
4. Nonprofit youth organizations
C. Subject to the provisions of C.G.S. 1-19(b11), high schools shall provide the same directory information and on-campus recruiting opportunities to military recruiters as are offered to nonmilitary recruiters or commercial concerns. (cf. 5145.14 On-Campus Recruitment).
D. No information may be released to a private profit-making entity other than employers, prospective employers and representatives of the news media.
E. The names and addresses of students enrolled in grade 12 or who have terminated enrollment prior to graduation may be provided, in accordance with the terms of the law, to a private school or college cooperating under state law.
F. The custodian of records will normally limit or deny the release of specific categories of directory information unless he determines that such release is required by law or is in the best interests of students.
G. Notice shall be given annually of the categories of information which the school district plans to release and of the recipients.
1. The school shall allow a reasonable period of time after such notice has been given for a parent or guardian to inform the custodian of student records that any or all of the information designated should not be released without the parent's or guardian's prior consent.
2. No directory information shall be released regarding any student when a parent or guardian has notified the school that such information shall not be released.
Access Log
A. A log or record shall be maintained for each student's record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate educational interests.
B. Such listing need not include the following:
1. Parents or students to whom access is granted.
2. Parties to whom directory information is released.
3. Parties for whom written consent has been executed by the parent or guardian.
4. School officials or employees having a legitimate educational interest.
C. The log or record shall be open to inspection only by a parent or guardian and the custodian of student records, or the custodian's designee, and to other school officials with legitimate interests in the records, and to the Comptroller General of the United States, the Secretary of the Office of Education, an administrative head of an education agency as defined in 20 U.S.C. 1232g., and state educational authorities as a means of auditing the school system's operations.
Fee for Reproducing Records
A. A fee based upon the actual cost of reproduction, handling and postage (if any) shall be charged for furnishing copies of any student record.
B. The custodian of student records annually shall recommend a fee schedule for approval by the Board of Education.
C. No fee shall
1. effectively prevent the parents or guardians from exercising their right to inspect and review student records.
2. be charged for searching or retrieving a student's record.
3. be made for furnishing
a. up to two transcripts of former student's records.
b. up to two verifications of various records of former students.
Transfer of Student Records
A. Whenever a student transfers to another Connecticut public school district, the following student records shall be forwarded upon request from the other district:
1. The student's Mandatory Permanent Student Record or a copy thereof. The original or a copy shall be retained by this district.
2. The student's entire Mandatory Interim Student Record.
B. Whenever a student transfers to a school district in another state or to a private school, the district shall transfer the student's Mandatory Permanent Student Record upon receipt of a written request.
C. Permitted student records may be forwarded.
D. Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or the student's parents or guardian.
E. All student records shall be updated prior to transfer.
Parent Notification
A. If the transfer is a within-state transfer, the receiving school shall notify the parents of the record transfer.
B. If the student transfers out of state, the custodian of student records shall notify the parents or guardian at their last known address of the rights accorded them. (34 C.F.R. 99.34 disclosure to other agencies or institutions)
C. The notification shall include a statement of the parent's or guardian's right to review, challenge, and receive a copy of the student record, if desired.
Retention and Destruction of Student Records
A. No additions, except routine updating, shall be made to a student's record after high school graduation or permanent departure without the parent's or guardian's prior consent for those students who have not reached the age of eighteen years. Adult students may give consent for themselves.
B. The guide to disposal of municipal records in Connecticut is found in Connecticut General Statutes Section 7-109. For disposal of education records, see Schedule V of “Records Retention Schedules 1982” (Revised 1983) published by the Public Records Administration, Connecticut State Library, Hartford, Connecticut.
C. The method of destruction shall assure that records are not available to possible public inspection during the destruction process.
Subpoenaed Records
If the school is served with a subpoena issued by competent authority directing the production of school or student records in connection with any court proceeding, the school upon which such subpoena is served may deliver such record, or at its option a copy thereof, to the clerk of such court. Such clerk shall give a receipt for the same and shall be responsible for the safekeeping of such records, not permitting the removal of such records from the premises of the court. The clerk shall notify the school to call for the subpoenaed record when it is no longer needed for use in court.
Any such record so delivered to the clerk of the court shall be sealed in an envelope which shall indicate the name of the school or student, the name of the attorney subpoenaing the same and the title of the case referred to in the subpoena.
No such record or copy shall be open to inspection by any person except upon the order of a judge of the court concerned, and any such record or copy shall at all times be subject to the order of such judge.
Any and all parts of any such record or copy, if not otherwise inadmissible, shall be admitted in evidence without any preliminary testimony, if there is attached thereto the certification in affidavit form of the person in charge of such record indicating that such record or copy is the original record or copy thereof, made in the regular course of such business to make such record and that it was the regular course of such business to make such record at the time of the transactions, occurrences or events recorded therein or within a reasonable time thereafter.
A subpoena directing production of such school or student records shall be served not less than eighteen (18) hours before the time for production, provided such subpoena shall be valid if served less than eighteen (18) hours before the time of production if written notice of intent to serve such subpoena has been delivered to the person in charge of such records not less than eighteen hours (18) nor more than two weeks before such time for production.
Notification of Parents
A. Parents shall be notified in writing of their rights under this regulation upon the date of the student's initial enrollment, and annually thereafter of students current attendance at the same time as notice is issued. The notice shall be in a form which reasonably notifies parents of the availability of the following specific information:
1. The type of student records and information contained therein which are directly related to students and maintained by the school system.
2. The position of the person responsible for the maintenance of each type of record.
3. The location of the log or record required to be maintained.
4. The criteria to be used by the school district in defining "school officials and employees" and in determining "legitimate educational interest."
5. The policies of the school district for reviewing and expunging student records, including the right to inspect and review the student's education records within 45 days of the school district receipt of a request. 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 provide a copy of the records requested or make other arrangements for the inspection or review of the requested records.
6. The right of the parent or guardian to access (inspect and review) to student records.
7. The right to request the amendment of student education records that the parent or eligible student believes are inaccurate or misleading .
8. The procedures for challenging the content of student records.
9. The policy that no fee will be charged for up to two copies of a record.
10. The categories of information which the school district has designated as directory information.
11. The right of the parent to file a complaint with the United States Department of Education concerning an alleged failure by the school system to comply with the provisions of Section 438 of the Federal Education Provisions Act (20 U.S.C.A. 1232g).
12. The right of a parent or eligible student to a hearing regarding the request for amendment of the record if denied by the district.
13. The right to consent to disclosures of personally identifiable information contained in the student education record, except to the extent that FERPA authorizes disclosure without consent.
Legal Reference: Connecticut General Statutes
1-19(b)(11) Access to public records. Exempt records.
7-109 Destruction of documents.
10-15b Access of parent or guardian to student's records.
10-94i Rights and liabilities of surrogate parents.
10-154a Professional communications between teacher or nurse and student.
10-209 Records not to be public.
10-221b Boards of education to establish written uniform policy re treatment of recruiters.
11-8a Retention, destruction and transfer of documents
11-8b Transfer/disposal of public records. State Library Board to adopt regs.
46b-56(e) Access to records of minors.
Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g.)
Connecticut Public Records Administration Schedule V - Disposition of Education Records (Revised 1983).
Regulation approved: 4/7/08
FORM #1
Students
Student Records; Confidentiality
NOTIFICATION OF RIGHTS UNDER FERPA
Preston Public Schools
Preston, Connecticut
Dear Parent or Student:
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. They are:
A. The right to inspect and review the student's education records within 45 days of the day the district receives a request for access.
B. Parents or eligible students should submit to the school Principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The Principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
C. The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading.
D. Parents or eligible students may ask school district to amend a record that they believe is inaccurate or misleading. They should write the school Principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
E. If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
F. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
G. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel).
Form approved: 4/7/08
FORM #2
Students
Student Records; Confidentiality
Preston Public Schools
Preston, Connecticut
NOTIFICATION OF RIGHTS UNDER FERPA
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. (Note: FERPA requires a school district to make a reasonable attempt to notify the student of the records request unless it states in its annual notification that it intends to forward records on request.)
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington DC 20202-4605
Note: In addition, a school may want to include its directory notice as required by FERPA regulations with its annual notification of rights under FERPA.
Form approved: 4/7/08
FORM #3
Students
Student Records; Confidentiality
Preston Public Schools
Preston, Connecticut
NOTIFICATION OF RELEASE OF STUDENT RECORDS
PURSUANT TO COURT ORDER OR SUBPOENA
TO:
Parent:_________________________________________________________________
Student:________________________________________________________________
Address:________________________________________________________________
_________________________________________________________________
The purpose of this notice is to notify you that on (date), the (school district) released the following documents:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
from your child's (your own) student records to:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
pursuant to a court order or subpoena, a copy of which is attached hereto.
DATED: ______________________________________
Form approved: 4/7/08
FORM #4
Students
Student Records; Confidentiality
Preston Public Schools
Preston, Connecticut
APPLICATION TO REVIEW STUDENT'S RECORDS
AND CONSENT THERETO BY PARENT OR STUDENT
I ,__________________________________________ , Have hereby requested access to
_______________________________________________________________________
records for the following reasons:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Said records will not be made available to any other person or persons without the specific written consent of (Parent-Student) __________________________________________________________________
_______________________________________________________________________________
CONSENT
I ___________________________________________, hereby consent that __________________
_______________________________________________________________________________
have access to my child's (to my) records with the understanding that such records will not be released by him/her to other persons without my further consent.
DATED: ________________________________
Form approved: 4/7/08
FORM #5
Students
Student Records; Confidentiality
Preston Public Schools
Preston, Connecticut
APPLICATION TO REVIEW STUDENT'S RECORDS
BY PARTIES ENTITLED THERETO
WITHOUT CONSENT BY PARENT OR STUDENT
I, ______________________________________________________________________________
have hereby requested access to _____________________________________________________
records for the following reasons:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Said records will not be made available to any other person or persons without the specific written consent of (Parent-Student) __________________________________________________________________
_______________________________________________________________________________
DATED: _________________________________
Form approved: 4/7/08