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Littleton Public Schools Policy |
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Policy Code JRA/JRC Policy Name Student Records/Release of Information on Students Adoption October 19, 1993 Revised June 23, 2011 |
In recognition of the confidential nature of student education records, no person or agency may access student education records without prior written consent from the student’s parent, guardian, or legal custodian or the eligible student, except as set forth in law and this policy.
Definitions
“Attendance” in the District includes attendance in person and/or by correspondence and the period during which a person is working under a work/study program.
“Custodian of education records” means the principal of the school the student attends or from which the student receives services. When the student’s education records are transferred to the District records center, “custodian of education records” means the Superintendent or designee. The custodian of education records shall be responsible for the observance of law, policy, regulation, and directives in the collection of information for student records, their maintenance and protection, the proper dissemination of information contained therein, and the forwarding of records for official purposes to those authorized by law or policy. The custodian shall make available copies of this policy to parents, guardians, or legal custodians or eligible students upon request.
“Directory information” includes the student’s name, photograph, 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, grade level, enrollment status, degrees, honors and awards received, the most recent previous education agency or institution attended by the student, and other similar information. It does not include student telephone numbers, addresses, or other personal identifiers, such as social security number.
“Disclosure” means permitting access to or the release, transfer, or other communication of education records or the personally identifying data contained therein by any means to any person or entity.
“Education records” means permanent or temporary records, in all formats and media, including photographic and electronic, that are directly related to a student and are maintained by the District in the care and control of a custodian of education records. Education records may contain, but will not necessarily be limited to, personally identifying data, grades, courses taken, standardized achievement test scores, attendance data, scores on standardized intelligence, aptitude and psychological tests, Individual Education Plans (IEPs) and related documents, interest inventory results, health data and medical information, family background information, teacher or counselor ratings and observations, and reports of serious or recurrent behavior problems. The term “education records” does not include:
Records created by staff members that are seen or used only by the author of the record, and/or a substitute worker for the author.
Records relating to an employee of the District. This definition shall not apply to records relating to a student who is employed by the District.
Records relating to an eligible student that are created, maintained, or used by a physician, psychiatrist, or psychologist: 1) only in connection with provision of treatment to the student. For purposes of this definition, “treatment” excludes remedial educational activities or activities that are part of the instructional program of the District, and 2) are not disclosed to anyone other than individuals providing the treatment, or to a physician or other appropriate professional of the student’s choice.
Records maintained by a law enforcement unit of the school or District that are created by that unit for the purpose of law enforcement.
“Eligible student” means a student 18 years of age or older or a student who has been graduated from high school and is attending an institution of post-secondary education and who is not otherwise under a legal disability. Rights normally accorded to and the consent normally required of a parent shall transfer to the student when he/she becomes an eligible student. However, if an eligible student is a dependent for federal income tax purposes, parents, guardians, or legal custodians are entitled along with the student to access student educational records.
“Parent” includes a parent, noncustodial parent, guardian, legal custodian, or individual acting as a parent of the student in the absence of a parent or guardian. The District may presume the parent has the authority to exercise the rights inherent in this policy unless the custodian of the student’s education records has been provided a copy of a court order to the contrary. For purposes of this policy, accompanying regulation and exhibit, the use of the word “parent” will represent the meaning of “parent” as detailed in this paragraph.
“Permanent records” shall consist of personally identifying data, birth date, school enrollment and withdrawal or graduation dates, academic work completed, and level of achievement, including grades and standardized test scores. A student’s permanent records shall be maintained at the school or schools the student attends. When a student graduates or leaves the District for any reason, his/her permanent records shall be sent to the District central records.
“Personally identifying data” includes the name of the student, the name of the student’s parent, guardian, or legal custodian or other family members, the address and telephone number of the student, a personal identifier such as the student number, or a list of personal characteristics, or other information that would make the student’s identity easily traceable.
“Record” means any information or data recorded and retained in any medium, including handwriting, print, computer media, video, or audiotape, film, microfilm, microfiche, and computerized files.
“Student” shall include any individual who is or has been enrolled in the District.
“Temporary records” shall consist of information not listed in the definition of permanent records but which is of importance to the education process. These materials shall be maintained at the school or schools the student attends or attended and shall not be transferred to the District central records. These materials shall be reviewed periodically and destroyed when they are no longer useful. All such temporary records shall be destroyed within one year plus the current year after the student leaves, transfers, or is graduated from school.
Access to Records
A parent, guardian, or legal custodian (“parent”) or eligible student shall be able to inspect and review the student’s education records unless the custodian of education records has received a copy of a court order to the contrary. The parent or eligible student shall submit a written request to the custodian of records asking to review the student’s education records. In all cases where access to student records is requested, except as provided in the policy, a written request to see the files must be made by the parent or eligible student. The parent is also entitled to access his/her child’s education records, despite the lack of written consent from the eligible student, if the eligible student is a dependent for federal income tax purposes or the disclosure is in connection with a health or safety emergency. The custodian of records shall provide access to inspect and review the records and set a date and time for such inspection and review within a reasonable time after the request. This is usually within three working days after the request has been made, but not to exceed 45 calendar days.
The parent or eligible student shall examine the education records in the presence of the custodian of educational records and/or other person(s) designated by him/her. Only certificated personnel, such as the assistant principal or counselor, may be so designated. The custodian of the records shall provide other personnel as is necessary to give explanations and interpretations of the student records when requested by parents or the eligible student.
The record itself shall not be taken from the District building site where the record is filed. However, upon request, one copy of the record shall be provided within a reasonable time to the parent or eligible student. The parent or eligible student shall pay a fee per page not to exceed the state-approved rate. The custodian may not charge a fee to search for or retrieve a record.
If any material or document in a student’s education records includes information on other students, the parent or eligible student shall have the right to inspect and review only such part of such material or document as relates to the student or to be informed of the specific information contained in such part of the records.
No part of a student’s education records, whether permanent or temporary, shall be destroyed if there is an outstanding request to inspect and review the records.
The District shall inform parents of students with disabilities when personally identifying data collected, maintained, or used under this policy is no longer needed to provide education services to the student. The information shall be destroyed at the request of the parent or eligible student. However, a permanent record of the student’s name, address, telephone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limit.
Amendment of Education Records
A parent or eligible student shall have the right to challenge the contents of a student’s education records if the parent or eligible student feels that any information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. The custodian of education records shall process a request to amend education records in accordance with the regulations accompanying this policy.
Disclosure Without Written Consent
The District will disclose personally identifying data from education records without written consent of the parent or eligible student only to those persons or entities allowed under federal or state law to receive such information. This includes:
District officials including teachers with a legitimate need to review an education record in order for that official to perform appropriate tasks that are specified in his or her position description or by a contract agreement, used within the context of official District business and not for purposes extraneous to the official’s areas of responsibility, relevant to the accomplishment of some task or to a determination about the student, consistent with the purposes for which the data are maintained, including the disclosure of disciplinary information regarding conduct that poses a significant risk to the safety or well-being of the student or others. A District official is a person employed by the District as an administrator, supervisor, teacher, or support staff member (including health or medical staff and law enforcement unit personnel), a person serving on the Board of Education, a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, or medical consultants) or a designee of the Superintendent for the purpose of creating an alumni directory for sale and/or distribution to alumni, school district administrators, and employees.
Officials of another school or school system or postsecondary institution who have requested the records and in which the student seeks or intends to enroll, or has enrolled, including the disclosure of disciplinary information regarding conduct that poses a significant risk to the safety or well-being of the student or others. Any records sent during the student’s application or transfer period may be supplemented, updated, or corrected as necessary.
Pursuant to federal law, the above paragraph shall serve as notice to parents and eligible students that the District shall forward the types of information referred to above in reply to written requests of officials of a school or school district in which the student seeks to enroll without further notice of the transfer to the parent or eligible student. The District will provide a copy of the record to the eligible student or student’s parent if so requested.
The District shall provide to parents and eligible students annual notification that the District forwards such information. Nothing contained in the above paragraph shall authorize the disclosure to other districts of letters of reference contained in a student’s education records or personnel file without written consent of the parent or eligible student prior to disclosure.
Authorities named in the Family Educational Rights and Privacy Act and accompanying federal regulations. These include comptroller general of the United States, The Attorney General of the United States, the Secretary of the U.S. Department of Education, and state educational authorities.
Authorities investigating or providing emergency service involving the health and safety of students or others.
Any Colorado law enforcement agency or other state or federal law enforcement agency when the student is under investigation by the agency and the agency establishes that such information is necessary for the investigation.
Disclosure to state and local officials and concerns the juvenile justice system’s ability to effectively serve, prior to adjudication, the student whose records are disclosed as provided under the Colorado Open Records Act and Colorado Children’s Code. Such records and personally identifiable information shall only be disclosed upon written clarification by the officials that the records and information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the parent or eligible student.
Disclosure in connection with a student’s application for, or receipt of, financial aid.
Accrediting institutions, to the extent necessary for them to carry out their accrediting functions.
Testing and research organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, to administer student aid programs or to improve instruction.
Parents of students over 18 years of age who are dependent for federal income tax purposes.
Anyone if required by a court order or subpoena, provided that a reasonable effort is made to notify the parent or eligible student prior to complying with the subpoena or court order. The District will not notify the parent or eligible student of the request where the court or issuing agency has ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
The court if the District initiates legal action against a parent or student where the education records are relevant, and after the District has made reasonable efforts to notify the parent or eligible student prior to the disclosure, or when initiated by a parent or eligible student where the records are relevant for the District’s defense.
The District may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student.
Disclosure With Written Consent
Whenever the District is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent, guardian, or legal custodian or eligible student shall contain the following:
The specific records to be released.
The specific reasons for such release.
The specific identity of any person, agency, or organization requesting such information and the intended uses of the information.
The method or manner by which the records will be released.
The right to review or receive a copy of the records to be released.
Parental consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity, special education program, or in any other school program shall not constitute the specific written consent required.
All signed consent forms shall be retained by the School District.
Requesting and Receiving Information and Records From State Agencies
Within the bounds of state law, District personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including protecting public safety and the safety of the student. Such information may be obtained from the judicial department or any state agency that performs duties and functions under the Colorado Children’s Code.
District personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained. District personnel who knowingly violate this provision are subject to disciplinary action pursuant to District policy.
As a Medicaid provider, the Littleton Public Schools will access Medicaid eligibility information for students enrolled in the Littleton Public Schools from Health Care Policy and Financing (HCPF). HCPF is the designated Medicaid agency in the state. Directory information of names, date of birth, and gender will be released to HCPF to verify Medicaid eligibility of students in the District. With annual written consent from the parent, guardian, or legal custodian or eligible student, the description of health and health-related services delivered to Medicaid eligible students will be released to Medicaid and/or the District billing agent for proper administration of the program. A dated record of all transactions will be kept on file at the LPS Special Programs Office.
Sharing Information by the School District
Disciplinary and attendance information shall only be shared with a criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the School District when necessary to effectively serve the student prior to adjudication. Such information shall only be shared upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the student’s parent, guardian, or legal custodian.
School personnel who share disciplinary and attendance information concerning a student pursuant to this policy are immune from civil and criminal liability if they act in good faith compliance with state law.
Nothing in this policy shall prevent administrators, teachers, or staff from disclosing information derived from personal knowledge or observation and not derived from a student’s education records.
Disclosure of Disciplinary Information to School Personnel
In accordance with state law, the principal or designee is required to communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others.
For purposes of this policy, “disciplinary information” means confidential records maintained by or in possession of the principal or designee on an individual student which indicate the student has committed an overt and willful act which constitutes a violation of the District’s student code of conduct and/or there is reasonable cause to believe, through information provided to the principal from another credible source, that the student could pose a threat to the health and safety of other students and school personnel based on prior misbehavior.
Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person. The principal or designee is required to inform the student and the student’s parent, guardian, or legal custodian when disciplinary information is communicated and to provide a copy of the disciplinary information. The student and/or the student’s parent may challenge the accuracy of such disciplinary information through the process outlined in this policy and accompanying regulation.
Disclosure to Military Recruiting Officers
Names, addresses, and home telephone numbers, as well as directory information, of secondary school students will be released to military recruiting officers within 90 days of the request unless a parent, guardian, or legal custodian, or eligible student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the District in furnishing this information will be paid by the requesting service.
Disclosure to the Colorado Commission of Higher Education (CCHE)
On or before December 31 of each school year, the District shall disclose to the CCHE the names and mailing addresses of those students enrolled in the eighth grade for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required by state law.
Disclosure of Directory Information
The District may disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the disclosure of any or all of the categories of information provided such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday.
The District shall not disclose or publish anything other than directory information to any outside source, except in accordance with this policy. Parent/teacher organizations or school-sponsored groups may not publish more than directory information unless they obtain the written consent for such disclosure from each parent or eligible student or they establish a procedure assuming consent and notify parents in a timely manner of their right to expressly deny consent and prevent disclosure.
Record of Disclosure
The custodian shall maintain within the education record of each student, a record of all individuals, agencies, or organizations that have requested or obtained access to personally identifying data from that student’s education records, along with a statement of reason/need for the information requested. Such records of disclosure need not be maintained with respect to: 1) disclosures to a parent or eligible student of directory information, 2) disclosures made to District officials who have legitimate educational interests in the records, 3) disclosures pursuant to a written request from the parent or eligible student when the content is specific as to the party/parties to whom the disclosure is made.
Annual Notification of Rights
The District, at the beginning of each academic year or upon the student’s enrollment, will notify the parents or eligible students of their rights pursuant to this policy. The District shall provide effective notification of such rights to parents or eligible students identified as disabled or having a primary or home language other than English. Copies of this policy or forms may be obtained from the office of the Superintendent, or designee, anytime during normal business hours. Complaints regarding violations of rights accorded parents and eligible students pursuant to the Family Educational Rights and Privacy Act may be submitted to the local Office for Civil Rights of the Department of Education.
Waivers
A parent or eligible student may waive any or all of his/her rights protected by this policy. The waiver shall not be valid unless in writing and signed by the parent or eligible student. The District does not require a waiver, but may request a waiver. Any waiver under this provision may be revoked at any time if made in writing by the same party.
Legal Names of Students
The District will recognize name changes of adopted students when a court order showing same is shown to a school official. The original name shall remain on the student’s permanent record in addition to the name change. In instances where students or parents want the student to be called by a different first or last name, this will be done, with both names remaining on the student’s permanent record.
The District shall comply with the Family Educational Rights and Privacy Act (FERPA) and its regulations as well as state law governing the confidentiality of student education records. The District shall be entitled to take all actions and exercise all options authorized under the law.
In the event this policy or accompanying regulation does not address a provision in applicable state or federal law, or is inconsistent with or in conflict with applicable state or federal law, the provisions of applicable state or federal law shall control.
Legal Reference: 20 U.S.C. §1232g
20 U.S.C.7908
34 C.F.R. §99.1 et seq. (regulations)
C.R.S. 19-1-303 and 304
C.R.S. 22-1-123
C.R.S. 22-32-109(1)(ff)
C.R.S. 22-32-109.1 (6)
C.R.S. 22-32-109.3 (2)
C.R.S. 22-33-106.5
C.R.S. 22-33-107.5
C.R.S. 24-72-204 (3)(a)(VI)
C.R.S. 24-72-204 (3)(d)
C.R.S. 24-72-204 (3)(e)(I)
C.R.S. 24-72-204 (3)(e)(II)
C.R.S. 24-72-205(5)
C.R.S. 25-5-1-116
Cross Reference: JK, Student Discipline
JS, Student Use of the Internet
GBEE, Staff Use of District Technology