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:
- Education record 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.
- Eligible student means a student who has reached 18 years or attends a postsecondary institution. The parents of an eligible student are provided access to the education records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code. In that case, the parents may be provided access without the written permission of the student.
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:
- To school officials within the school district and AEA personnel whom the superintendent has determined to have a legitimate educational interest, including but not limited to, board members, employees, school attorney, auditor, health professionals, and individuals serving on official school committees;
- To officials of another school district in which the student wishes to enroll, provided the other school district notifies the parent the education records are being sent and the parent has an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to new school districts;
- To the US Comptroller General, the US Secretary of Education, or state and local educational authorities;
- In connection with a student’s application for, or receipt of, financial aid;
- To organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it was conducted;
- To accrediting organizations;
- To the parents of a dependent student as defined in the Internal Revenue Code;
- To comply with a court order or judicially issued subpoena;
- In connection with a health or safety emergency;
- As directory information; or
- In additional instances as provided by law.
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:
- Inspect and review the student’s education records;
- Seek amendment of the student’s education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
- Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent the law authorizes disclosure without consent; and
- File a complaint with the US Department of Education concerning alleged failures by the district to comply with the law.
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