The board recognizes the importance of maintaining education records and preserving their confidentiality, as provided by law. Education records are kept confidential at collection, storage, disclosure, and destruction stages. The board secretary is the custodian of education records. Education records are maintained in the administrative offices of the student attendance centers.
DEFINITIONS
For the purposes of this policy, the defined words have the following meanings:
An education record may contain information on more than one student. Parents will have the right to access the information relating to their student or to be informed of the information. Eligible students will also have the right to access information relating to themselves or be informed of the information.
Parents, eligible students, and other individuals authorized in accordance with law will have the right to access the student’s education records during regular business hours of the school district upon request without unnecessary delay and in no instance more than 45 calendar days after the request is made. Parents, other than parents of an eligible student, may be denied access to a student’s education records if the school district has a court order stating such or when the district has been advised under the appropriate laws that the parents my not access the student’s education records. Parents, eligible students, or authorized representatives of the parents will have the right to access the student’s education records prior to an Individualized Education Program (IEP) meeting or hearing.
Copies of education records will be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the education records. Fees for copies of the records are waived if it would prevent the parents or eligible student from accessing the records. A fee may not be charged to search or retrieve information from education records.
Upon the request of parents or eligible student, the school district will provide an explanation and interpretation of the education records and a list of the types and locations of education records collected, maintained, or used by the school district.
If the parents or eligible student believes the information in the education record is inaccurate, misleading, or violates the privacy of the student, the parents or eligible student may request that the school district amend the education records.
Education records may be disclosed in limited circumstances without written permission of the parent or eligible student. This disclosure is made on the condition that the education record will not be disclosed to a third party without the written permission of the parent or eligible student. This disclosure may be:
The administrative offices of the student attendance centers will keep a list of the individuals and their positions who are authorized to view a special education student’s education records without the permission of the parent or eligible student. Individuals not listed are not allowed access without parental or an eligible student’s written permission. This list must be current and available for public inspection and updated as changes occur.
The administrative offices of the student attendance centers will also keep a list of individuals, agencies, and organizations which have requested or obtained access to a student’s education records, the date access was given, and their legitimate educational interest or purpose for which they were authorized to view the records. The administrative offices of the student attendance centers do not need to keep a list of the parents, authorized educational employees, officers, and agencies of the school district who have accessed the student’s education records. This list for an education record may be accessed by the parents, the eligible student, and the custodian of the education records.
Permanent education records, including a student’s name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed will be maintained without time limitation. Permanent education records will be kept in a fire-safe vault or they may be maintained electronically with a secure backup file.
When personally identifiable information, other than permanent education records, is no longer needed to provide educational services to a special education student, the parents or eligible student will be notified. This notice is normally given after a student graduates or otherwise leaves the district. If the parents or eligible student requests that the personally identifiable information be destroyed, the school district will destroy the records, except for permanent records. Prior to the destruction of the records, the school district must inform the parents or eligible student the records may be needed for social security benefits or other purposes. For purposes of policy, “no longer needed to provide educational services” means that a record is no longer relevant to the provision of instruction, support, or related services and it is no longer needed for accountability and audit purposes. At a minimum, a record needed for accountability and audit purposes must be retained for five years after the activity for which funds were used.
The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system. The school district will enter into an interagency agreement with the juvenile justice agencies involved.
The purpose of the agreement is to allow for the sharing of information prior to a student’s adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.
The school district may share any information with the agencies contained in a student’s permanent record, which is directly related to the juvenile justice system’s ability to effectively serve the student. Prior to adjudication, information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order. Information contained in a student’s permanent record may be disclosed by the school district to the agencies after adjudication only with parental consent or a court order. Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordinating the delivery of programs and services to the student or student’s family.
Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent/guardian or legal/actual custodian.
Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law. The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.
Agencies will contact the principal [or designee] of the attendance center where the student is currently or was enrolled. The principal [or designee] will then forward copies of the records within a reasonable time following receipt of the request.
The school district will provide training or instruction to employees about parents’ and eligible students’ rights under this policy. Employees will also be informed about the procedures for carrying out this policy. It is the responsibility of the superintendent to notify parents and eligible students annually that they have the right to:
The notice will be given in the native language of the parents or eligible student. Should the school district collect personal information from students for the purposes of marketing or selling that information, the school district will annually notify parents of such activity.
The notice will include a statement that the parents have the right to file a complaint alleging the school district failed to comply with this policy. Complaints are forwarded to: Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue, Washington, DC. 20202-8520.
Adopted: 6/70
Reviewed: 4/11; 4/12; 7/13; 10/14; 12/20
Revised: 8/07; 8/17; 10/19; 10/23
Related Policy: 505.6-R; 505.6-E2-E7
Legal Reference (Code of Iowa): §§ 22; 279.9B; 280.24-25; 622.10; 281 IAC 12.3(4); 41
IASB Reference: 506.01
Mandatory Policy
Parents/legal guardians and eligible students have the right to access a student’s education records during regular business hours of the school district upon request without unnecessary delay and, in no instance, more than 45 calendar days after the request is made. The intent of this regulation is to establish procedures for granting requests from eligible students and parents/legal guardians to access a student’s education records.
EDUCATION RECORDS means those records that contain information directly related to a student and which are maintained by an education agency or by a party acting for the agency or institution. These may include but are not necessarily limited to dates of attendance; academic work completed; level of achievement (grades, standardized test scores); attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; and verified reports of serious or recurrent behavior patterns.
ACCESS TO RECORDS
RELEASE OF INFORMATION OUTSIDE OF SCHOOL
Information from education records may be disclosed to outside parties as outlined in board policy and otherwise provided by law.
PROCEDURES FOR REQUESTING AN EDUCATION RECORD AMENDMENT
1. If the eligible student or parent/legal guardian believe the information in the student’s education records is inaccurate, misleading, or violates the privacy of the student the parents/legal guardians or eligible student may request the school district amend the education records.
2. The school district will decide whether to amend the student’s education record within a reasonable time after receipt of the request.
3. If the school district determines an amendment is made to the student’s education record, the school district will make the amendment and inform the parents/legal guardians or eligible student of the decision in writing.
4. If the school district determines the amendment of the student’s education record is not appropriate, the district will inform the parents/legal guardians or eligible student of their right to a hearing held before a hearing officer provided by the district. The hearing officer may be an employee of the district so long as the employee does not have a direct interest in the outcome of the hearing.
5. Upon parental/legal guardian request, the school district will hold a hearing regarding the content of a student’s education records which the parent/legal guardian believes to be inaccurate, misleading, or in violation of the privacy rights of students.
6. The hearing will be held within a reasonable time after receipt of the parent/legal guardian or eligible student’s request. The parents/legal guardians or eligible student will receive reasonable advance notice of date, time, and place of the hearing.
7. The parents/legal guardians or eligible student will be given a full and fair opportunity to present evidence relevant to the issues. The parents/legal guardians or eligible student may be represented by an individual of their choice and at their own expense.
8. The hearing officer will render a written decision within a reasonable period after the hearing. The decision will be based upon evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.
9. The parents/legal guardians may appeal the hearing officer’s decision in writing to the superintendent within 10 days if the superintendent does not have a direct interest in the outcome of the hearing.
10. The parents/legal guardians may appeal the superintendent’s decision or the hearing officer’s decision, if the superintendent was unable to hear the appeal, to the school board within 15 days. It is within the discretion of the board to hear the appeal.
11. If the parents/legal guardians and the eligible student’s request to amend the education record is further denied following the hearing, the parents/legal guardians or eligible student will be informed that they have the right to place an explanatory letter in the student’s education record commenting on the school district’s decision or setting forth the reasoning for disagreeing with the school district. Additions to the student’s education records will become a part of the education records and be maintained like other education records. If the school district discloses the student’s education records, the explanation by the parents/legal guardians or eligible student will also be disclosed.
Adopted: 6/90
Reviewed: 4/11; 4/12; 7/13; 12/20; 10/23
Revised: 10/14; 8/17; 10/19
Related Policy: 505.6; 505.6-E2-E7
Legal Reference (Code of Iowa): §§ 22; 279.9B; 280.24-25; 611.10; 281 IAC 12.3(4), 41
IASB Reference: 506.01-R(1)
CLICK HERE TO DOWNLOAD REQUEST FOR NON-PARENT FOR EXAMINATION OR COPIES OF EDUCATION RECORDS
The undersigned hereby requests permission to examine the Linn-Mar Community School District’s official education records of:
Legal Name of Student: _________________________________________________
Date of Birth: __________________________________________________________
The undersigned requests copies of the following official education records of the above student:
The undersigned certifies that they are: (check one)
_____An official of another school system in which the student intends to enroll.
_____An authorized representative of the Comptroller General of the United States.
_____An authorized representative of the Secretary of the US Department of Education or US Attorney General.
_____A state or local official to whom such is specifically allowed to be reported or disclosed.
_____A person connected with the student's application for, or receipt of, financial aid.
(Specify details: ______________________________________________________)
_____Otherwise authorized by law. (Specify details: _____________________________________________________)
The undersigned agrees that the information obtained will only be re-disclosed consistent with state or federal law without the written permission of the parents of the student or the student if the student is of majority age.
Signature: ______________________________________ Date: __________________________________
Title: ___________________________________________ Agency: _______________________________
Address: ________________________________________ Phone Number: _________________________
Approved:
Signature: ____________________________ Title: ______________________ Date: __________________
Adopted: 9/98
Reviewed: 7/13; 10/14; 12/20; 10/23
Revised: 8/97; 8/17
Related Policy (Code#): 505.6; 505.6-R; 505.6-E3-Ey
IASB Reference: 506.01-E(1)
CLICK HERE TO DOWNLOAD PARENTAL AUTHORIZATION FOR RELEASE OF EDUCATION RECORDS
The undersigned hereby authorizes the Linn-Mar Community School District to release copies of the following official education records:
_____________________________________________________________________________________
_____________________________________________________________________________________
concerning (Full legal name of student)___________________ (Date of birth) ____________________________
(Name of last school attended) ________________________ (Years of attendance/From/To) ________________
The reason for this request is: __________________________________________________________________________________
My relationship to the child is: ___________________________________________________________________________________
Copies of the records to be release are to be furnished to:
_____ The undersigned
_____ The student
_____ Other (Specify: _______________________________________________)
Signature: ___________________________________ Date: _________________
Address: ___________________________________________________________
City: ____________________________ State: _________ Zip: ________________
Phone Number: ______________________________________________________
Adopted: 9/98
Reviewed: 7/13; 10/14; 12/20; 10/23
Revised: 8/17
Related Policy: 505.6; 505.6-R; 505.6-E2; 505.6-E4-E7
IASB Reference: 506.01-E(2)
CLICK HERE TO DOWNLOAD REQUEST FOR HEARING ON CORRECTION OF EDUCATION RECORDS
To: (Name of Student Attendance Center) _____________________________________
Address (Of Student Attendance Center) _____________________________________
As the ____________________________________(Relationship to Student) of ____________________________(Student Name)
I believe the district’s official education records are inaccurate, misleading, or in violation of
privacy or other rights of this student.
The official education records which I believe are inaccurate, misleading, or in violation of the privacy or other rights of this student are: (Please be specific): _____________________________________________________________________________________
The reason I believe such records are inaccurate, misleading, or in violation of the privacy or other rights of this student is: (Please share your reasons, be specific as possible):______________________________________________________________________________
I understand that I will be notified of the date, time, and place of the hearing; that I will be notified in writing of the district’s decision; and that I have the right to appeal the decision by notifying the superintendent in writing within 10 days after my receipt of the decision. I further understand that if the request to amend the student’s education record is denied, that I have the right to place an explanatory letter in the student’s education record stating I disagree with the district’s decision and why.
Signature: _____________________________________ Date: ____________________________________
Address: ________________________________________ City: ________________________ State:______
Zip: ___________ Phone Number: ___________________________________
Adopted: 9/98
Reviewed: 7/13; 10/14; 12/20; 10/23
Revised: 8/07; 8/17; 10/19
Related Policy: 505.6; 505.6-R; 505.6-E2-E3; 505.6-E5-E7
IASB Reference: 506.01-E(3)
CLICK HERE TO DOWNLOAD PARENTAL REQUEST FOR EXAMINATION OF EDUCATION RECORDS
To: (Name of Student Attendance Center)_______________________________________
Address (Of Student Attendance Center) _______________________________________
As ________________________________________ (Relationship to Student) of ______________________________(Name of Student)
who was born on ________________________________________ and is currently in grade _________________________________.
I request to examine the following official education records:
_____________________________________________________________________________________
_____________________________________________________________________________________
Please check one of the following:
_____ I do
_____I do not
desire a copy of such records and I understand that a reasonable charge will be made for copies, if requested.
Signature: ________________________________ Date: ____________________________
Address: ___________________________ City: ____________________ State: ________ Zip: __________
Phone Number: _________________________________
Approved By:
Signature: _______________________________ Title: ________________________ Date: _________
Adopted: 9/98
Reviewed: 7/13; 10/14; 12/20; 10/23
Revised: 8/07; 8/17; 10/19
Related Policy: 505.6; 505.6-R; 505.6-E2-E4; 505.6-E6-E7
IASB Reference: 506.01-E(4)
CLICK HERE TO DOWNLOAD NOTIFICATION OF TRANSFER OF EDUCATION RECORDS
To: (Parent/Legal Guardian) ______________________________________ Date: _____________________
Address: ______________________________ City: ____________________ State: ________ Zip: ______
Please be notified that copies of the Linn-Mar Community School District's official education records concerning
(Full legal name of student) ________________________________ have been transferred to:
School District Name: _________________________________________________________
Address: ___________________________________________________________________
Upon the written statement that the student intends to enroll in said school system.
If you desire a copy of such records furnished, please check here _____ and return this form to the undersigned. A reasonable charge will be made for the copies.
If you believe such records transferred are inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, you have the right to a hearing to challenge the contents of such records.
Name of School District Official: _____________________________________________
Title: __________________________________________________________________
Adopted: 9/98
Reviewed: 7/13; 10/14; 12/20; 10/23
Revised: 8/17
Related Policy: 505.6; 505.6-R; 505.6-E2-E5; 505.6-E7
IASB Reference: 506.01-E(5)
CLICK HERE TO DOWNLOAD LETTER TO PARENT REGARDING RECEIPT OF SUBPOENA OR COURT ORDER
Date: ______________________________________
Dear (Parent/Legal Guardian Name) __________________________,
This letter is to notify you that the Linn-Mar Community School District has received a (Subpoena or Court Order) _________________
requesting copies of your student's education records.
The specific records requested are: ______________________________________________________________________________
The school district has until (date on subpoena/court order) ____________________ to deliver the documents to (Requesting party)
_____________________________. If you have questions, please do not hesitate to contact me at:
Email: _______________________________________________ Phone Number: _____________________
Sincerely,
Name of School Official: ________________________________________ Title: ___________________
Adopted: 8/17
Reviewed: 10/19; 12/20; 10/23
Related Policy: 505.6; 505.6-R; 505.6-E2-E6
IASB Reference: 506.01-E(6)