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Policy 500.08 – Student Records Privacy Rights and Release of Information

POLICY NUMBER:
500.08

ADOPTED: 
12.5.2017

Board Policy

  1. The Board of Education is committed to compliance with all state and federal laws pertaining to protecting the privacy of student records, students, and parents and their families. In general, District employees are not to disclose personal information about students or their school performance unless the individual or agency requesting such information has both a legal right and a legitimate education need to obtain the information.   
  2. The purpose of this policy is to assure students and their parents/guardians are notified and afforded their rights under the law, including:
    1. the right to examine and request the amendment of education records;
    2. the right to limit access to student records and/or personal information;
    3. the right to be notified of, examine, and either consent to or opt out of, participating in surveys or education activities that relate to specific protected areas; and
    4. the right to deny the release of names, addresses, and telephone numbers of high school students to military or college recruiters.
  3. The Board of Education authorizes the Superintendent and District Administration to establish administrative regulations consistent with this policy, subject to review and approval by the Board.

ADMINISTRATIVE REGULATION:
500.08-1

APPROVED: 
12.5.2017

Definition of an Education Record - 500.08-1

For purposes of this policy, the following definitions apply:

  1. “education records”: means those records, files, documents, and other materials that contain information directly related to a student and are maintained by an education agency or institution or by a person acting for such agency or instruction.   (20 U.S.C. 1232g; 34 CFR §99.3; §53E-9-301, et seq.).   The term “education records” does not include:
    1. records that contain only information about a student after he/she is no longer a student in the District;
    2. records made by District staff that are kept solely in possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to anyone other than a temporary substitute for the maker of the record;
    3. records maintained by the law enforcement unit of the educational agency or institution that were created by that law enforcement unit for purposes of law enforcement;
    4. records relating to an individual who is employed by an education agency or institution, that are made and maintained in the normal course of business, relate exclusively to the individual in that individual’s capacity as an employee; and
    5. records on a student who is eighteen (18) years of age or older, that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or used only in connection with treatment of the student; and disclosed only to individuals providing the treatment.
  2. “eligible student”: means a student who is eighteen (18) years of age or older.
  3. “military student”: means a child enrolled in kindergarten through grade 12 who is legally residing in the household of an active duty service member or whose parent or legal guardian is an active duty service member in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders.

ADMINISTRATIVE REGULATION:
500.08-2

APPROVED: 
12.5.2017

District Student Records Officer; School Student Records Officer - 500.08-2

  1. The Director of Planning and Enrollment shall serve as the District Student Records Officer and shall be responsible to see that student records are classified and maintained according to the Canyons District Student Record Classification and Retention schedule.
  2. The principal shall serve as the Student Records Officer for the school.
    1. The principal shall be responsible to see that teachers, secretaries, and aides are appropriately trained in record keeping and follow the Canyons District Student Record Classification and Retention schedule.
    2. The principal shall receive requests to access student records and determine whether access is to be granted or denied.
    3. The principal shall be responsible to see that records are appropriately maintained in safe, secure files which will protect the documents and assure privacy.
    4. The principal shall be responsible to see that records are retained, transferred, archived, and destroyed in a timely, efficient, appropriate manner.
  3. Teachers and other school personnel as designated by the principal shall be responsible to see that attendance rolls, student progress reports, grades, health cards, and other necessary student records are prepared and maintained.

ADMINISTRATIVE REGULATION:
500.08-3

APPROVED: 
12.5.2017

Access to Education Records; Request to review Education Records; Denial of Release of Student Information - 500.08-3

Access to Education Records:

  1. All documents in the student cumulative/permanent record file, which include directory information, ethnic origin, schools and years attended, subjects completed, grades and credits earned, competency evaluations, certain health records, and other documents related to the education program, are private records with the exception of certain directory information.
  2. Student records shall be accessible to:
    1. Authorized school personnel having responsibility for the student’s educational program, and to individuals conducting federal, state, or district audits of educational programs.
      1. In the event that parents are divorced or separated, both parents shall be entitled to access their child’s student records unless prohibited by court order.
    2. Eligible students.
      1. An eligible student is a student who is 18 years or older.
    3. Except in accordance with state and federal law, access to student records shall not be given to individuals other than those listed is above.
  3. Certain student information designated as “directory information” may be made public without prior written consent. However, there is no legal requirement that a school or the district release directory information about a student.  Canyons School District has designated “directory information” in its FERPA Annual Notification (Exhibit 1).
    1. Parents or students who do not want this information to be made public will be given an opportunity each year to notify the school that such information is not to be made public through the FERPA Annual Notification.
    2. A copy of the Annual Notice, which includes information on access rights, must be included in student registration packets and all student handbooks, posted on the district’s website, and otherwise widely distributed and made available to parents.
  4. The District’s Student Information Military and College Recruiting Opt-Out Forms (Exhibit 2) must also be included in registration materials, posted on the district’s policy website, and otherwise widely distributed and made available to parents.

 

Requests to Review Student Records:

  1. Parents of students currently enrolled or eligible students may submit a written request to the school principal or designee to review or obtain copies of their student’s record.
    1. Before allowing a person access to student records, school personnel must verify the identity of the person making the request.
    2. Directory information should not routinely be released to the public or media. School employees should contact Planning and Enrollment if they have questions about requests they may receive.
  2. Access to school records under the Family Educational Rights and Privacy Act (FERPA) pertains only to official educational records, such as grades, attendance, and other information found in the cumulative file. It does not extend to classroom notes held by an individual teacher, principal, counselor, or other staff.
    1. Schools are not required to prepare special reports or to recreate lost or destroyed records to satisfy a request for student records.
  3. Copies of records must be provided to parents and eligible students at a reasonable cost. The inability to pay reproduction costs may not prohibit access to the record itself.
  4. Requests for access to records should be granted in a timely manner; however, schools have up to 45 days to reply to a request.
  5. Except for those individuals listed in 6.1, 6.2, and 6.3 schools must maintain a record of each request for access to, and each disclosure they make from, an education record.
    1. The record of access must include the names of parties who have requested or received information from the records, and the stated reason for the request.
    2. A copy of the signed parent consent to release a record must be kept in the student’s cumulative file.
  6. Schools are not required to keep a log or other record of access if the request is from, or the disclosure made to any of the following:
    1. the parent or eligible student;
    2. a properly designated school official for a legitimate educational purpose; or
    3. a party seeking directory information.

Denial of Release of Student Information

  1. If a school receives either a parent’s or eligible student’s written authorization to deny the release of their student’s directory information, or a signed Media Release Form or Military and College Recruiting Opt-Out Form, the school will document that Denial or Release authorization in the student information system.
    1. If a parent or eligible student chooses the option of denying the release of their student’s directory information, they are opting out of the release of all directory information. Parents may not select items or circumstances under which some information may or may not be released.
  2. Schools must monitor each request to deny the release of a student’s information to ensure that the request is honored.
  3. Before releasing any student information to or on any media, the District’s Communication Department will verify, to the best of its ability, whether any documentation restricting the release of such information exists.

References

None

Forms

None

Document History

Adopted – 12.5.2017.

This online presentation is an electronic representation of the Canyons School District’s currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent located at 9361 South 300 East Sandy, UT 84070.

Lucie Chamberlain

Alta View Elementary

If a movie about super teachers were ever made, Lucie Chamberlain would be a prime candidate for a leading role. Fortunately for her kindergarten students at Alta View Elementary, she already thrives in a supporting role for them. Parents thank her for being a “super teacher.” She is also described as an “amazing colleague.” Whether students need help in the classroom or from home while sick, Lucie goes above and beyond to help them learn, overcome fears, and feel important and cared for. Lucie is the reason a number of kids went from hating school to loving it, according to parents. The way she exudes patience, sweetness, positive energy, and love for her students with special needs melts is appreciated and admired. One parent noted: “Both my kids wish she could be their teacher forever.” Another added:  “She treats every student like their learning and their feelings are her priority.” Super teacher, indeed!

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