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
- Parents/legal guardians, eligible students, and other individuals authorized in accordance with law will have access to the student’s education records during the regular business hours of the school district. Parents/legal guardians and eligible students will have the right to access the student’s education records upon request without unnecessary delay and, in no instance, more than 45 calendar days after the request is made. An eligible student or parent/legal guardian, upon written request to the administrative office of the student attendance center, will receive an explanation and interpretation of the education records. A student who is 18 years or older has the right to determine who, outside the school system, has access to their records. Parents/guardians of students who are 18 years or older, but are still dependents for income tax purposes, may access the student’s education records without prior permission of the student.
- School officials having access to student education records are defined as having a legitimate educational interest. 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); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, AEA employee, medical consultant, or therapist); or a parent/legal guardian or student serving on an official committee, such as a disciplinary or grievance committee or student assistance team or assisting another school official in performing their tasks.
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)