505.6-R - Education Records Access Regulation

Parents and eligible students have a right to access a student’s education records 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 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 institution 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

1. Parents, 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 district. Parents and eligible students will have a 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, upon written request to the administrative office of the student attendance center, shall 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 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.
2. 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 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 A RECORD AMENDMENT

1.  If the eligible student, parent, or legal guardian believe the information in the student’s education records is inaccurate, misleading, or violates the privacy of the student, the parent or an eligible student may request that the district amend the education records.

2. The district will decide whether to amend the student’s education record within a reasonable time after receipt of the request.

3.  If the district determines an amendment is made to the student’s education record, the district will make the amendment and inform the parent or the eligible student of the decision in writing.

4.  If the district determines the amendment of the student’s education record is not appropriate, the district will inform the parent or the 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 request, the district will hold a hearing regarding the content of a student’s education records which the parent 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 or eligible student’s request. The parent or eligible student will receive reasonable advance notice of the date, time, and place of the hearing.

7.  The parent or eligible student will be given a full and fair opportunity to present evidence relevant to the issues. The parents or eligible student may be represented by an individual of their choice 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 parent 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 parent 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 parent and the eligible student’s request to amend the education record is further denied following the hearing, the parent or eligible student will be informed that they have a right to place an explanatory letter in the student’s education record commenting on the district’s decision or setting forth the reasoning for disagreeing with the 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 district discloses the student’s education records, the explanation by the parent 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)