CODE
F5
(Mandatory)[1]
POLICY: EDUCATION
RECORDS
Policy
The
_________School District recognizes the importance of keeping accurate and
appropriate education records[2]
for students as part of a sound educational program and is committed to act as
trustee of this information, maintaining these records for educational purposes
to serve the best interests of its students.
The principles of
accuracy and confidentiality underlie all policies and procedures for the
collection, maintenance, disclosure and destruction of education records. It is
the policy of the district to protect the confidentiality of education records
and release information only as permitted by law. Annually or when the student enrolls, the district
will inform[3]
parents, guardians, and students eighteen years and older of their right to
inspect, review, and seek amendment of the student’s education records. The district will inform parents
guardians, and students eighteen years and older of items considered directory information
through notices distributed at the beginning of each school year or when a
student enrolls.[4]
The building principal
will be the custodian of all education records in a given school. The superintendent
has overall responsibility for education records throughout the district and
for assuring that adequate systems are in place to maintain such records and to
provide parents with access to them in accordance with state and federal law.
The Superintendent is responsible for developing procedures to assure the
consistent implementation of this policy. The procedures shall comply with all
federal and state laws and regulations governing access to and the collection,
maintenance, disclosure and destruction of education records.
Definitions
All terms used in
this policy, and the procedures developed for the implementation of this
policy, shall be defined, where applicable, as those terms are defined in the
Family Educational Rights and Privacy Act and in the federal regulations
promulgated pursuant to that Act.[5]
[1] The federal
Family Educational Rights and Privacy Act (FERPA) does not explicitly require a
school board policy on the protection of student records. Its requirements are stated in the negative…”no
funds shall be made available to any educational agency…which has a policy of
denying…the right of parents…to review and inspect educational records. 20
U.S.C. 1232g; 34 C.F.R. Part 99. Nor does the State Board Manual of Rules and
Practices explicitly require a school board policy on student records. “Each school shall develop and implement a
system of maintaining student records…which is in compliance with FERPA.” SBE Rule 2120.8.3.3.
[2] A “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. The term “education records”
means those records that are (1) directly related to a student, and (2)
maintained by the school district, a school within the district, or a party
acting for the school district or a school within the school district. It does not include a teacher’s notes that
are in the teacher’s sole possession and shared only with a substitute
teacher. 20 U.S.C. 1232g; 34 C.F.R. 99.3.
[3] School
districts are required to find an effective way to notify parents whose primary
language is not English. 34 C.F.R. §99.9.
[4] The Family
Educational Rights and Privacy Act allows schools to designate certain
information as “directory information” and release it after providing public
notice of the categories of information it seeks to release. “Directory information” includes, but is not
limited to, a student’s name, address, telephone listing, date and place of
birth, major field of study, participation in officially recognized activities
and sports, weight and height of members of athletic teams, dates of
attendance, degrees and awards received, and the most recent previous
educational agency or institution attended by the student. Additional information may be released with
specific parental consent. 12 U.S.C. §1232g; 34 C.F.R. §99.3.
[5] 12 U.S.C. §1232g; 34 C.F.R. §99.3.
Date Warned:
Date Adopted:
Legal Reference(s): 20 U.S.C. §§1232g (Federal Family Educational Rights
and Privacy Act of 1974)
20 U.S.C. § 7908
16 V.S.A. 563(27) (NCLBA Armed Forces
Recruiter/Higher Education Access)
34 C.F.R. Part 99
1 V.S.A. §317 (Definitions)
15 V.S.A. §670 (Non-custodial parents)
33 V.S.A. §5536a (Juvenile court records)
VT State Board of Education Manual of Rules and Practices §2120.8.3.3