Rule JO-R - Guidelines for Maintenance and Confidentiality of Student Records
JO-R - GUIDELINES FOR MAINTENANCE AND CONFIDENTIALITY OF STUDENT RECORDS
The building principal, or his/her designee, shall be responsible for the collection, maintenance and dissemination of all student records in the district.
1. DEFINITIONS
a. Progress Records. Progress records include, but are not necessarily limited to: a statement of courses taken by the student, grades received in these courses, attendance records, immunization records and records of the student’s extracurricular activities.
b. Behavioral Records. Behavioral records include, but are not necessarily limited to: standardized achievement tests, personality evaluations, evaluations of educational needs, health care records other than a student’s immunization records, teacher evaluations other than grades (e.g. progress reports), and statements relating to a student’s behavior.
c. Student Physical Health Care Records. Student physical health care records include basic health information about a student, including the student’s immunization records, an emergency medical card, a log of first-aid and medicine administered to the student, an athletic permit card, a record concerning the student’s ability to participate in an education program, the results of any routine screening test such as for hearing, vision or scoliosis, and any follow-up to such test, and any other basic health information as determined by the State Superintendent of Public Instruction.
d. Student Directory Data. Directory data means those student records which include the student’s name,address, telephone listing, date and place of birth, the student’s photograph, the student’s major field of study, the student’s participation in officially recognized activities and sports, the student’s weight and height if a member of an athletic team, the student’s dates of attendance, the student’s degrees and awards, and the name of the school previously attended by the student.
e. “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.
f. “Parent” means parent, legal guardian or guardian ad litem.
g. “Adult student” means a student who is 18 years of age.
2. CONFIDENTIALITY
All student records maintained in the Altoona school district shall be confidential with the following exceptions:
a. A student, adult student, or the parent of a minor student, shall upon request, be shown and provided with a copy of the student’s progress records.
b. An adult student, or the parent of a minor student, shall upon request, be shown, in the presence of a person qualified to explain and interpret the records, the student’s behavioral records.
c. The judge of any court of this state or of the United States, shall upon request, be provided by the school district clerk with a copy of all progress records of a student who is the subject of any proceeding in such court.
d. Student records may be made available to persons employed by the district who are required by the Department of Public Instruction (DPI) to hold a certificate, license or permit and other school district officials who have been determined by the school board to have legitimate educational interests.
e. Upon the written permission of an adult student, or the parent of a minor student, the school shall make available to the person named in the permission form the student’s progress records or such portions of his/her behavioral records as determined by the person authorizing the release.
f. Student records shall be provided to a court in response to a subpoena by parties to an action for in camera inspection, to be used only for purposes of impeachment of any witness who has testified in the action.
g. The school board may provide the DPI or any public officer with any information required to be maintained under chapters 115 and 121 of the statutes. The school board shall provide the DPI with any student records information that relates to an audit or evaluation of a federal or state supported program or that is required to determine compliance with state law provisions. Information reported shall be kept confidential by the DPI. Not-withstanding their confidentiality, student records may be used in suspension and expulsion proceedings and by the multi-disciplinary team under chapter 115 of the statutes.
h. Information from a student’s immunization records shall be made available to state and local health officials to carry out immunization requirements.
i. The district board of the VTAE district in which the school is located, the Department of Health and Social Services or a county department under section 46.215, 46.22, or 46.23 for verification of eligibility for public assistance shall upon request, be provided by the school district clerk with the names of students who have withdrawn from school prior to graduation.
j. Except as provided in item (1) below, student directory data may be disclosed to any person, if the school has given public notice of the categories of information which it has designated as directory data with respect to each student and has allowed 14 days for the adult student or parent of any student to inform the school that all or any part of the directory data may not be released without the prior consent of the adult student or parent.
(1) If the school has given public notice that a student’s name and address has been designated as directory data, has allowed 14 days for the adult studentor parent of the student to inform the school that the student’s name and address may not be released or has not informed the school, the board clerk upon request, shall provide any party defined under section 46.215, 46.22 or 46.23 the required information.
k. Any student record that concerns the results of a test for the presence of HIV or antibody to HIV (the virus which causes acquired immune deficiency syndrome - AIDS) shall be confidential and may be disclosed only with the informed written consent of the test subject. Any student record that relates to a student’s physical health and that is not a student physical health record as outlined above shall be treated as patient care records in accordance with state law.
l. A school board may disclose personally identifiable information from an adult student’s records to the student’s parent(s) without the adult student’s written consent, if the adult student is a dependent of his/her parent(s) or guardian under the Internal Revenue Code. An exception shall be made when an adult student has informed the school, in writing, that the information may not be disclosed.
m. A school board shall disclose a student’s records in compliance with a court-ordered educational plan after making a reasonable effort to notify the student’s parent.
n. The Board shall, on or before August 15 of each year, report to the appropriate county departments under sections 51.42 or 51.437 the names of student who reside in the district, are at least 16 years of age, are not expected to be enrolled in an educational program two years from the date of the report and who may require services under sections 5.142 or 51.437 (community mental health, development disabilities, alcoholism and drug abuse).
The building principal and his/her designee, shall have primary responsibility for maintaining the confidentiality of all student records kept at his/her school. All requests for inspection or for transfer of records should be directed to the building principal who will determine whether inspection or transfer is permitted. The building principal, or his/her qualified designee shall be present to interpret behavioral records when inspection is made under paragraph (2)(b) above. Upon transfer of student records to the District Office, these duties shall be assumed by the district administrator, or his/her qualified designee.
3. PARENT ACCESS TO RECORDS
A parent, regardless of whether the parent has legal custody of a child, shall have access to a child’s medical, dental and school records unless that parent has been denied access to such records as outlined by state law (e.g. denied period of physical placement with the child, ordered by the court).
4. CHALLENGE/AMENDMENT OF STUDENT RECORDS
An adult student or the parent of a minor student, shall have the opportunity to challenge the contents of a student’s school records by making a written request to the building principal. In some instances (a grade dispute during or at the end of a grading period) it would be appropriate to make the written request to the teacher via the building principal. The written request shall: (1) set forth the specific portion of the school record claimed by the challenger to be in error, inaccurate, misleading, or otherwise in violation of the privacy or rights of the student and (2) state the modification(s) requested in respect thereto.
In the event that the adult student or parent of a minor student wishes to challenge a school policy or decision, beyond the building principal (as specified above), due process steps as outlined in board policies contained in section K of the policy manual will be followed.
5. MAINTENANCE AND DESTRUCTION OF RECORDS
While students are attending school, their records will be maintained in the school of attendance. Upon transfer of the student to another school operated by the district, the records shall be transferred to that school. When the student ceases to be enrolled in a school operated by the district, his/her records will be retained in the file at the school office.
When the student ceases to be enrolled, records shall be maintained as follows:
a. All behavioral records will be destroyed one year after the date the student graduated from or last attended the school unless the adult student (orhis/her parent if the student is a minor) gives permission for the records to be maintained for a longer period of time. Where such written permission is received, behavioral records will be destroyed ten years after the date the student graduated from or last attended the school. Permission forms for the retention of behavioral records are available in the school guidance office. (See page 1 for definition of behavioral records.)
b. Progress records will be maintained in the school office (50 years) after the date the student graduated or last attended the school. (See page 1 for definition of progress record.)
6. TRANSFER OF RECORDS
Student records relating to a specific student shall be transferred to another school district upon receipt of written notice from an adult student or the parent of a minor student that the student intends to enroll in a school in another school district; from the other school district that the student has enrolled; or, from a court that legal custody of the student has been transferred to the Department of Health and Social Services for placement in a juvenile correctional facility.
7. COMPLAINTS
Adult students or parents of minor students may file a complaint with the Family Policy Compliance Office of the U.S. Department of Education for alleged district noncompliance with requirements of the federal Family Educational Rights and Privacy Act (FERPA).
8. ANNUAL PUBLIC NOTICE
Parents and students will be notified annually ,via the district newsletter , of the following: (a) their rights to inspect , review and obtain copies of student records; (b) their rights to request the amendment of the student’s school records if they believe the records are inaccurate or misleading; (c) their rights to consent to the disclosure of the student’s school records, except to the extent state and federal law authorizes disclosure without consent; (d) the categories of student record information which have been designated as directory data and their right to deny the release of such information; and, (e) their right to file a complaint with the Family Policy Compliance Office of the U.S. Department of Education. Provisions shall be made to effectively notify parents who are disabled and parents who have a primary or home language other than English.
When a student transfers into the district after the above notice has been given, the student and his/her parent(s) shall receive a copy of the notice.
Legal Ref:
Wisc. Statutes 115.85 (4), 118.125-118.127, 146.025, 146.81 - 146.84, 252.15, 767.24(7), 938.396
Chapter 19, subchapter IV
Family Educational Rights and Privacy Act
Approved: 07/18/05
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