CODE: 5125R
SECTION: PUPILS
PUPIL RECORDS: (COLLECTION, MAINTENANCE, AND DISSEMINATION)
It is necessary for the Board of Education to maintain extensive and sometimes personal information about pupils and their families for educational purposes. It shall be the responsibility of the Superintendent of Schools to administer the following regulations pertaining to the collection, maintenance and dissemination of pupil records:
A. Section 1: Collection of Information
1. Information about a student and his family shall be collected upon entry into the schools. It shall be kept current and shall include:
-- Basic information about the student and his or her family
-- Attendance records
-- Grades or progress reports
-- Health information
-- Records of achievement in the basic skills
-- Results of intelligence, aptitude, and interest appraisals
-- Special individual test results on pupils with special needs
2. At the opening of the school each fall, all parents shall be notified of the standardized tests to be administered at each grade level. They shall also be notified if during the school year any individual diagnostic test reveals the need of a special program for their child.
3. When data are to be collected or used for non-school purposes (research studies, local surveys, etc.) either by school or non-school personnel, written authorization must be obtained from the Superintendent.
B. Section 2: Transfer of Pupil Records
1. The Superintendent of Schools or his/her designee shall request records of a newly enrolled pupil from the district of previous attendance as soon as possible after enrollment but, in any case, within the time limit prescribed by the administrative code.
2. The Superintendent of Schools or his/her designee shall forward mandated pupil records as soon as possible upon receipt of the request from the Superintendent of Schools of the district to which the pupil has transferred but, in any case, within the time limit prescribed by the administrative code. Permitted records shall be forwarded in the same manner at the same time if parental permission was given at the time the pupil's parents/guardians informed the district of the transfer.
C. Section 3: Classification of Data
1. Category "A" Data includes official administrative records
that constitute the minimum personal data necessary for operation of the educational system. Specifically we take this to mean identifying data including names and addresses of parents or guardian, birth date, academic work completed, level of achievement (grades, standardized achievement test scores), scores on aptitude tests, and attendance data. These records should be maintained in perpetuity as the permanent record card subject to the conditions set forth in Section 3.
2. Category "B" Data includes verified information of clear
importance, but not absolutely necessary to the school, over a period of time, in helping the child or protecting others. Specifically, scores on standardized intelligence tests, evidence of special talents and interest, health data, and family background information are included in this category.
3. Category "C" Data includes potentially useful information
which may as yet not be verified or clearly needed beyond the immediate present. (e.g., clinical reports, legal papers, and reports from youth agencies)
D. Section 4: Record Maintenance
1. Each principal, or designate, shall be responsible for record maintenance and access within his or her building.
2. Four years after graduation, or four years after the student
has left the schools for any reason, all of his or her records are destroyed except the permanent record card.
3. Certain records of standardized test scores and information
about pupils that may be useful in curriculum planning or other research may be kept in the each school’s office under the supervision of the Principal or designee.
E. Section 5: Release of Information
The school may, without consent of parents or students, release Category "A" and "B" information about a student to the following persons or agencies:
1. Teachers and other school officials, with the school district who have a legitimate education interest.
2. Authorized representatives of (1) the Comptroller General of the United States; (2) the Secretary of Health, Education and Welfare; (3) Commissioner of Education, or their designees; and (4) Division of Youth and Family Services (DYFS) so long as the intended use of the data is consistent with the Commissioner of Education's statutory powers and responsibilities.
3. Agencies requiring information in connection with a student's application for, or receipt of financial aid.
4. Written consent of the parents must be received prior to the release to any individuals, agencies, or organizations other than those indicated immediately above of any personally identifiable records or files (or personal information contained therein of students maintained by the schools).
NOTE: For the purpose of this section and those to follow, whenever a student has attained 18 years of age or is attending an institution of post-secondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.
5. The school may release information in Category "A" (permanent
record card) to officials of any post-high school institution to which the student has applied for admission.
6. The school may comply with written requests of the student or
his or her parents for the release of information to employers, youth serving agencies or other interested parties. The student of his or her parents should specify exactly what records are to be released, the reasons for such release, and to whom. One copy of the record will be furnished to the student or the parents if requested. Additional copies shall be paid for by the requesting party. Transcripts to colleges or for financial aid purposes shall be supplied at an unlimited quantity free of charge.
7. A student or his or her parents (or guardian) shall have access to his or her school records and should be provided with one copy of those records if requested.
8. A non-adult pupil may assert rights of access only through his/her parent/guardian. However, nothing in these rules shall be construed to prohibit certified school personnel, in their discretion, from disclosing pupil records to non-adult pupils or to appropriate persons in connection with an emergency if such knowledge is necessary to protect the health or safety of the pupil or other persons. A parent/guardian or adult pupil shall either have access to or be specifically informed about only that portion of another pupil's record that contains information about his/her own child or themselves.
9. The school or any school personnel may not divulge in any form, to any persons (other than those described above and in accordance with the described procedures) any information contained in school records except in compliance with judicial order, or pursuant to any lawfully issued subpoena. The student and/or parents will be notified of all such orders or subpoenas in advance of the compliance therewith.
10. A student and/or parent may request that scores obtained on the SAT, ACT, PSAT/NMSQT, or other scholastic aptitude tests administered outside the required school testing program be withheld from the permanent record card.
11. Since material in the student's category "C" file originates in some agency outside of the school, neither this material nor any references to it will be sent to a third party without the specific consent of the parent or student.
12. The school may provide anonymous data from its records for outside research purposes without consent under conditions where likelihood of personally identifying any individual because of his or her unique characteristics is negligible.
F. Section 6: Examination of Records by Parents/Guardians or Student
1. Any request to examine a student's record by a parent, guardian, student, or agent authorized by the parent or student shall be honored.
2. It shall be the policy of this Board to guarantee access of pupil records only to persons authorized, within ten days of the request but prior to any review or hearing conducted in accordance with State Board of Education regulations. Access shall be granted only to authorized organizations, agencies, or persons in accordance with the specifications and conditions prescribed by regulations.
3. The principal or his or her representative shall be present during the time such an examination is taking place. The parent or student upon the completion of such an examination may request that the principal remove any data considered to be detrimental and not in the best interests of the student.
G. Section 7: Review and Hearing
1. Should an impasse develop between the parent/guardian or student and
the principal as to the removal of data, the parent of the student shall be informed that a hearing to correct or remove inaccurate, misleading, or inappropriate data may be requested.
2. The parent/guardian student shall complete the request for hearing form in triplicate. The parent/guardian will retain the original. One copy is to be retained by the principal and one copy is to be forwarded to the Superintendent or designee.
3. Upon receipt of the request, the Superintendent or designee shall arrange for a hearing within 15 days of the date of the request. Those present at the hearing should be the parent/guardian, student, and/or their representative; the principal and/or the principal's representative; the director of guidance and counseling; and the Superintendent or designee.
4. Should the parent and student not be satisfied with the action
taken as a result of the hearing, they may appeal to the Superintendent. The Superintendent will forward a copy of his or her decision to all parties involved and to the Board of Education.
First Reading: December 12, 2000
Adopted: December 19, 2000