BRENTWOOD BOROUGH SCHOOL DISTRICT 3601 Brownsville Road Brentwood, Pennsylvania, 15227

Transcription

1 BRENTWOOD BOROUGH SCHOOL DISTRICT 3601 Brownsville Road Brentwood, Pennsylvania, COMPILATION, MAINTENANCE AND DISCLOSURE OF SPECIAL EDUCATION STUDENT RECORDS December, 2002 Revised

2 CONTENTS A. COMPILATION, MAINTENANCE AND DISCLOSURE 3 B. DEFINITIONS. 3 C. COLLECTION OF DATA.. 5 D. STUDENT RECORD REVIEW PANEL. 8 E. CLASSIFICATION AND MAINTENANCE. 11 F. LOCATION, ADMINISTRATION AND SECURITY OF RECORDS.. 18 G. DISCLOSURE OF INFORMATION. 19 H. NOTIFICATION OF PARENT & ELIGIBLE STUDENT RIGHTS.. 25 APPENDIX - FORMS AND LETTERS

3 BRENTWOOD BOROUGH SCHOOL DISTRICT RECORDS POLICY FOR EXCEPTIONAL STUDENTS A. COMPILATION, MAINTENANCE AND DISCLOSURE Pupil records are an inherent part of a student's formal education in a public setting. They are used by authorized district personnel to collect, maintain and disseminate pertinent information. They are, by nature, confidential and privileged; therefore, administrators, counselors, specialists, teachers and members of the secretarial staff shall abide by the district's policy pertaining to the collection of data, maintenance of educational records and the dissemination of information. The district shall protect the confidentiality of educational records, containing personally identifiable information as set forth in Sections C - F - G and subsection O of this document. This policy has been prepared to insure the privacy rights of both the parents and the exceptional child in the collection, maintenance, and release of these records. Toward that end, this policy incorporates provisions from the Regulations of the State Board of Education on Pupil Records, adopted on July 12, 1974, as amended the Confidentiality Section of P.L and the Confidentiality Standards for Special Education, Pennsylvania School Code, Title 22, Chapter 341. B. DEFINITIONS For all purposes of these regulations, the following terms shall have the following meanings unless the context clearly requires a different meaning: 1. The term "District Superintendent" shall mean the District Superintendent of the School District. 2. The term "parent" shall mean the natural or adoptive parents, and if the parents are separated or divorced, the parent who has legal custody of the pupil or any other duly appointed legal guardian. 3. The terms "pupil" or "student" shall mean any exceptional school age person or pre-school pupil with respect to whom an educational agency maintained records. 4. The term "educational records" means those records which: a. are directly related to a student who receives or has received special education and related services from a school district or an intermediate unit. (1) who is enrolled in or has been enrolled in an approved private school for exceptional children. 3

4 (2) who is enrolled in or has been enrolled in a program of special education operated by the Department of Education. 5. The term "eligible student" means a student who has attained eighteen years of age, or is attending an institution of post-secondary education. Whenever a student has attained eighteen years of age, or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student. 6. The term "directory information" includes the following information relating to a student: the student's name, address, telephone number, date and place of birth, major field of study, participating in officially recognized activities and sports, weight and height as a member of an athletic team, date of attendance, degrees, honors, and awards received, the most recent previous educational agency or institution attended by the student, and other similar information. 7. The term "disclosure" means permitting access or the release, transfer, or other communication of education records of the student or the personally identifiable information contained therein, orally or in writing, or by electronic means, or by any other means to any party. 8. The term "School District" shall mean the BRENTWOOD BOROUGH SCHOOL DISTRICT. 9. Destruction -- The physical destruction or permanent removal of personally identifying data from the educational records of a student so that the information in those records is no longer personally identifiable. 10. Educational Agency or agency -- a school district, Intermediate Unit, approved private school, Department of Education, and any component thereof which collects, maintains or uses exceptional student's educational records containing personal identifiable information or from which such records or information is obtained. 11. Personally Identifiable - the date or information includes: a. the name of a student or the name of any of the student's family members. b. the address of a student. c. a personally identifying piece of information such as the student's telephone number or Social Security number. d. a list of those personal characteristics which would make the student's identity easily traceable by a person who was not already familiar with the student's identity. e. other information which would make the student's identity easily traceable. 4

5 12. Individual Consent - Individual consent means written consent granted by: a. the parent b. an eligible student c. the child where he/she is reasonably competent to understand the nature of his/her decision in cases where parental consent cannot be obtained. 13. Representative Consent - Representative consent means consent having been granted by the School Directors of the BRENTWOOD BOROUGH SCHOOL DISTRICT for the collection and maintenance of data. 14. Attendance -Attendance at an agency or institution includes, but is not limited to: a. attendance in person, correspondence or by rendering home bound instruction or instruction in the home. b. the period during which a person is working under a work-study program. C. COLLECTION OF DATA 1. Conditions required for the Collection of Data a. No information shall be collected for the purpose of being made a part of a student's record without the prior informed consent of the child and his/her parents, an eligible student or representative consent having been granted by the school directors of BRENTWOOD BOROUGH SCHOOL DISTRICT. (1) Representative consent pertains to the collection of: (a) directory-type information (b) group ability, aptitude and achievement testing results, skill and knowledge outcomes in the subject matter areas. (c) group aptitude and achievement testing results related to tests taken by students on a voluntary basis for admission into a post secondary educational program or as required to determine financial aid eligibility. (d) educational relevant data and reports received from an approved private school or from an intermediate unit operated program which is rendering an appropriate educational program or services to the student. (e) health and dental information. (f) notices of recommended educational placement and individualized education programs. (g) testimony presented at a "Due Process" hearing. (h) hearing decisions. 5

6 (2.) Individual consent pertains to the written consent granted by parents of eligible students for the collection of: (a.) (b.) (c.) (d.) (e.) group personality testing and assessment data. group ability, achievement and screening data, administered on an individual basis and not considered as data obtained as a result of the district's adopted testing program but relevant in identifying the needs of an exceptional child. individual psychological evaluations (ability and projective assessments which are supported by observable behavior that is of educational relevance for placement, continued placement, the rendering of services or for mainstreaming.) third party reports received by the district which have educational relevance to the needs of the exceptional student. family data which is beyond what is required for pupil-identification or any information not directly relevant for educational purposes. (3.) If reasonable doubt exists about the capacity of the student to understand the nature of his/her decision to grant individual consent for the collection of data, parental permission must be obtained in writing. (4.) In the event that there is disagreement between the student and parent in granting individual consent, the parent's consent shall be binding in all cases with the following exceptions: (a.) when a student reaches the age of eighteen, or is married, or is legally emancipated, his or her consent alone must be obtained. (5.) In situations where informed (representative or individual) consent cannot be met, for example, data collected during parental/student interviews by school personnel, the following procedures will be followed: (a.) (b.) voluntary participation on the part of the student with his/her complete awareness of the implications of the situation and the data that is likely to be obtained. where reasonable doubt exists about the student's ability to understand and parental permission cannot be obtained, further steps are to be initiated only if the staff member is entirely convinced that full attention has been given to the 6

7 privacy of interests involved and that intervention is imperative and that: 1) both the student and his/her parents have been fully informed to every extent possible. 2) the members of the district's student record review panel have granted their consent. (6.) The collection of data for research studies, under conditions of anonymity, either by school personnel or by appropriate institutions and/or agencies is permissible provided that: (a.) (b.) (c.) written request to conduct the study has been approved by the district's superintendent. the district's superintendent has granted representative consent after having reviewed the intent and component parts of the study. parents and students are notified of the pending study and participation is on a voluntary basis. (7.) In the event that the superintendent concludes that the collection of the data is a potential invasion of privacy, even though the study is to be done under conditions of anonymity, the person or persons conducting the study must obtain individual consent in writing. A copy of the written consent is to be maintained by the district. (8.) Parents and eligible students are to be made aware of the collection of all data. For example, skill tests, vocational interest inventories or tests that are not a part of the district's standardized testing program but relevant to the educational needs of the student. b. The Right to Inspect, Review and Copy Education Records (1) Parents, eligible students or their designated representative as authorized in writing have the right to inspect, review and copy educational records maintained by the district as a result of the student's present or past enrollment. (a) (b) The school district will make records accessible to parents, eligible students or their designated representative within thirty (30) days from the date of the receipt of a written request to inspect the educational records, to the district superintendent. The superintendent shall designate staff members who are to 7

8 schedule a conference with parents, eligible students or designated representative within the time period specified in this section, for the purpose of explaining and interpreting records. 1) If parents, eligible students or designated representatives are unable to attend the conference, they are not to be denied a response to a reasonable request for an explanation and interpretation of the records upon receipt of a written request. (c) (d) Parents, eligible students or their designated representatives shall also have the right to obtain copies of the records upon receipt of a written request. The fee schedule is established by the Board of School Directors. At the time of this revision, the cost of a photo-copy is twenty-five cents per copy. If any educational record includes information on more than one student, the parents of the student or eligible student shall have the right to inspect and review only the specific information relating to their child or eligible student or will be informed of that information. D. STUDENT RECORD REVIEW PANEL A Student Record Review Panel shall consist of: 1) A parent or eligible student shall receive a copy of the education record originally containing information of more than one child, if: Prior to the parent or eligible student copying or receiving a copy of a record on more than one child, the district shall delete, remove or obscure from the record or its copy all personally identifiable information concerning any child who is not the child of such parent. 1. Coordinator of Special Education 2. Two Administrators chosen by the Chairperson (Principal, Assistant Principal) 3. Special Education Teacher 4. Regular Education Teacher The Panel will meet upon the call of the Superintendent. 8

9 The Student Record Review Panel shall be responsible for: 1. Providing assistance in classification of data. 2. Hearing and deciding parental challenges of educational records. 3. Reviewing annually the Compilation, Maintenance, and Disclosure of Pupil Records for exceptional students. 4. Granting representational consent for the Collection, Maintenance, and Disclosure of information in emergency cases where it is not possible to obtain individual consent. In all cases, a quorum shall consist of those persons present and a majority vote shall be necessary for a decision. Decisions of the Panel concerning representational consent can be appealed to the Board of School Directors. 5. The Coordinator of Special Education shall be responsible for the implementation of these regulations and for the in-service training of the staff concerning these regulations. 6. All records shall be kept under security at all times and shall be supervised by proper professional personnel. 7. The nature of the record, the person responsible for its initiation, and its place of storage are found in Appendix A. 8. Parents, students who are married, or eligible students may challenge/amend educational records in the following manner. a. Written notification of such challenge shall be made to the District Superintendent. b. If the District decides to refuse to amend the information in accordance with the request of the parent or eligible student, the district shall inform the parent or eligible student in writing of both the refusal and the specific reasons for the refusal and shall notify the parent or eligible student in writing of the right to request and receive a conference as set forth in this subsection. c. The Superintendent shall arrange for a conference with all concerned parties in attendance, such conference to be held within 10 school days of the receipt of written notification. d. The Superintendent shall render a decision in writing to all the parents or eligible student within five (5) days after the conference. The decision shall be based solely upon evidence presented at the conference and shall include a summary of the evidence and reasons for the decision. 9

10 e. Should the parents or said student desire further appeal, the challenge shall be heard and decided by the Student Record Review Panel within 30 school days of the receipt of a written notice of appeal. f. In all cases, parents or eligible student shall be contacted to arrange a conference or hearing at a mutually agreeable time and place. Five days prior to the conference or hearing and the parents or eligible student will be notified in writing of the time, date and location of the conference or hearing. g. Reasonable time shall be allowed for the preparation of such a conference or hearing and the parents or eligible student will be advised in writing of their right to counsel, to present evidence and cross examine witnesses. h. The Record Review Panel shall render a written decision on the issues presented at the hearing and shall render the decision within 30 days after the conclusion of the hearing. The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reason for the decision. i. If, as a result of the conference or hearing, the Superintendent or Record Review Panel decides that the information is inaccurate, misleading or otherwise in violation of the privacy, or stated rights of the student, it shall amend the education records accordingly and so inform the parent or eligible student in writing. j. If, as a result of the conference or hearing, the Superintendent or Record Review Panel decides that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the parent or eligible student shall be informed of their rights, in writing, to place in the education record of the student a statement which sets forth written comments of the parent or eligible student upon the information in the education records or reason for disagreeing with the decisions of the district, or both, written comments and reasons. 1) The statement of the parent or eligible student shall be appended by the district to the education records so long as the record or the contested portion thereof is maintained by the district. 2) If the education records of the parent or eligible student or the contested portion thereof is released by the district to any party, the statement of the parent or eligible student shall also be released to the party. k. Nothing in this section shall be interpreted to mean that the parent or eligible student and the district may not, by mutual agreement, meet prior to determining final accuracy of records. E. CLASSIFICATION AND MAINTENANCE OF RECORDS 1. The collection and use of varied kinds of student data requires the adoption of a 10

11 district-wide classification and maintenance system of records which is in compliance with federal and state regulations. 2. Records are to be maintained by the district as specified in this section of the policy and if there is: a. an outstanding request to inspect and review them. b. a statement placed in the record by the parent or eligible student as a result of their contention that the information contained therein is inaccurate, misleading, or in violation of their privacy, or other rights. 3. A record of access as related to disclosure shall be maintained and made a part of the record for as long as the record to which it pertains is maintained. 4. Record Classification and Maintenance System a. Directory Information (1) Directory Information pertains to that information which relates to a student's name, address, telephone number, date and place of birth, major field of study, honors won and offices held, recognition for achievements in academic and non-academic areas of endeavors, post high school endeavors, recognition of graduating seniors, participation in officially recognized activities and sports, weight and height as a member of an athletic team, dates of attendance, dates and awards received, the most attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student. b. Attendance Records (1) The attendance record is a form of administrative record keeping used to satisfy state attendance laws. This system of record keeping consists of individual student attendance cards, daily absentee listings, computer print-outs and DEBE Forms 482 and 483. (2) Individual student attendance cards are maintained daily by teachers and housed with daily absentee listing in the individual building's general office during and at the close of each school year. (a) The individual student attendance cards and daily absentee listings are to be maintained until auditing has been completed and for a period of not less than six years. (3) End-of-year print out summaries and DEBE Forms 482 and 483 are 11

12 maintained by the district's central office for each school year. The original of the DEBE Forms 482 and 483 are submitted to the state. (a) Copies of the DEBE Forms 482 and 483, end-of-year print out summaries are to be maintained until auditing has been completed and for a period of not less than six years. c. Permanent Records (1) The permanent record is a form of administrative record keeping required to transmit educational information to appropriate individuals, agencies, institutions and/or organizations. (a) (b) Permanent records are initiated by the principal's office at the elementary level and by the guidance department at the secondary level. The permanent record consists of the recording of the following information: 1) Student's Identifying Data a) Student's name and Social Security number b) Student's address and telephone number c) Student's sex d) Student's date and place of birth e) Student's assigned school 2) Family Identifying Data a) Names of parents, foster parents and/or legal guardian. b) Designation of person(s) student is living with, if other than parents. 3) Matriculation Data a) Registration and withdrawal data b) Attendance data c) Date of graduation 4) Educational Data a) Academic record-subjects taken, grades and 12

13 c. High School Transcript d. Cumulative Records credits received, quality point average, and class rank. b) Test results of aptitude and achievement testing taken by the individual student on a voluntary basis and required for admission into post-secondary education institutions or in determining financial aid eligibility. 5) Other Directory Information a) Participation in activities and sports. b) Awards and honors received. (1) The high school transcript consists of personally identifiable data recorded on the permanent record, and the student's academic record at the high school level. (1) The cumulative record is an "in-house" record used by appropriate staff members and maintained by counselors to assist the individual student and to evaluate educational development. (2) During periods of transition from elementary to middle school then to high school, counselors are to eliminate unnecessary data in accordance with this section. (3) At the close of each school year, cumulative records of graduates or those students who have attained the age of twenty-one (21) and have terminated their public school education are to be transferred to the district's storage and maintained for a period of not less than five years. (4) The cumulative record consists of the recording or inclusion of the following information: (a) (b) (c) Student identifying data, as specified in this section Student photographs Family identifying data as specified in this section, subsection and the inclusion of the following additional data: 1) Parent's occupation and place of employment 2) Parent's marital status 13

14 3) The number of older and/or younger siblings (d) Matriculation Data 1) Entrance and withdrawal information (e) Data and reports related to the student's exceptionality which are of educational relevance. (f) Data and reports which are relevant for providing an appropriate educational program or services to the exceptional child. (g) Test Data 1) Group standardized intelligence scores and/or test protocols 2) Group standardized readiness scores and/or test protocols 3) Group standardized reading achievement scores and/or test protocols 4) Group standardized achievement and aptitude scores and or test protocols 5) Educational diagnostic testing results 6) Other group tests and interest inventories 7) Vocational evaluation assessment batteries 8) The parent's or eligible student's written consent shall be obtained prior to the administration of a group standardized test which is not a part of the district-wide testing program. (h) Psychological and Psychiatric Evaluations 1) Request for psychological evaluation 2) Psychological evaluation reports (ability and projective assessments which are supported by observable behavior that is of educational relevance for placement and the rendering of services) 3) Psychiatric evaluations which are of educational relevance for placement and the rendering of services (i) Educational Data 1) Observations and/or ratings and student work samples if deemed appropriate for placement and in the rendering of services 2) End-of-year educational reports 3) Individualized education program attached to Notice 14

15 of Recommended Educational Placement (j) Other Relevant Data 1) Copies of the following consent forms signed by the parents or eligible student a) Right-to-Evaluation b) Release of Confidential Information c) Request for Confidential Information d) Authorization for Psychiatric Evaluation 2) Requests to inspect and review records 3) Parent's or eligible student's challenge to amend records 4) Results and recommendations of hearings and location of transcripts 5) Ancillary support personnel reports 6) Relevant educational data received from sending schools 7) Notification(s) to parents of the destruction of records (k) Exceptional Children's File 1) The exceptional children's file is a form of administrative record keeping which is used by the Coordinator of Special Education and School Psychologist for the purposes of: a) Identifying exceptional children and assessing their needs. b) Initiating referrals for an appropriate educational program and/or the rendering of services. c) Auditing purposes as related to compliance with federal and state statutes. 2) The Exceptional Children's file, in addition to maintaining data which is recorded or made a part of the permanent and cumulative record and is relevant for compliance with this section, J-1 sub-section contains the following: a) Psychological test protocols b) Unverified data that has an immediate or potential use. For example: legal or unverified clinical 15

16 findings (psychological evaluations containing projective test data that cannot be substantiated by direct observation and unevaluated reports of administrators, counselors, teachers and others. aa. bb. Unverified data is to be reviewed annually by the individual having initiated the collection of the information. If the data is of no further use or cannot be verified, it is to be destroyed. Medical data and reports which are relevant for compliance with this section, subsection J-1. (l) Discipline Reports (m) Medical Records 1) Discipline reports are used by teachers, principals, assistant principals and guidance counselors to record verified negative behavior, the student's explanation of the situation and action taken by the administration. a) Initial reports of minor infractions are to be maintained by the principal and/or assistant principals for a period not to exceed one (1) school year. b) Behavior reports of a serious nature are to be maintained during the student's period of enrollment or final disposition. 1) In compliance with Article XIV, Sections 1402, 1408, 1409 and 1421 of the school code, medical records are a form of record keeping used to record pertinent health data. Medical records consist of medical and dental forms, questionnaires, surveys and sensory screening data which are deemed necessary by the state's advisory health board and relevant to the needs of the exceptional child. a) The district's nurses are responsible for the collection, maintenance and dissemination of medical/dental information. b) Health and dental records of transferring students are to be forwarded to receiving schools upon written notification of enrollment. Records of students whose enrollment has been terminated are to be maintained for a period of not less than 16

17 two years beyond the time they could enroll in a school in the state of Pennsylvania. (n) Confidential and Personal Files 1) Confidential and personal files may be maintained by professionals to counsel and to render services to students. For example, minutes from pupil-personnel (multidisciplinary) team meetings, notes, transcript of interviews and clinical diagnosis. 2) Confidential and personal files are considered as being the personal property of the professional. a) They are to be maintained in the manner prescribed by Act 287 of the state legislature, district policy, professional ethics and by any special agreements made between the professional and individual parents and/or students. (o) Destruction of records 1) The district shall inform the parents of a student when personally identifiable information in the records of the student is no longer relevant to and necessary for providing special educational services to the exceptional student. 2) Upon the request of the parents or eligible student, information no longer relevant to and necessary for the provision of special educational services rendered by an intermediate unit or an approved private school are to be destroyed by the district with the following exceptions: a) The Permanent Record shall be maintained for at least 100 years beyond the date the student attains the age of 21. b) Educational records containing information necessary for the education of a student who is enrolled or has been enrolled in an education program operated by the district. c) Prior to the destruction of information referred to under this section, subsection 0-2, the district shall notify parents and eligible students of their right to receive a copy of the materials. d) Nothing in this subsection is to be interpreted to mean that the district is required to destroy education records with the exception being as specified in this section, subsection O. 17

18 F. LOCATION, ADMINISTRATION AND SECURITY OF RECORDS 1. The district's Coordinator of Special Education who is also designated as district liaison for exceptional students is responsible for the supervision of designated personnel who are responsible for the maintenance and security of student records. The supervisor is also responsible to conduct inservice programs required for the implementation of federal, state and district policy requirements for all personnel who collect or use personally identifiable information. 2. Designated personnel responsible for the collection, maintenance, security and dissemination of information throughout the district's various school buildings are as follows: RECORD/REPORT LOCATION OF RESPONSIBILITY CLERICAL RECORDS FUNCTIONS Directory Principal's Office Principal Building Information Secretary Permanent Records Principal's Office/Guidance Principal/ Building Counselor Secretary Cumulative Principal's Office Principal Building Records Secretary Health Nurse's Office Nurses Nurses, Records Bldg.Sec. Discipline Rpt. Principal's/Asst. Principal s Principal Building Office Asst. Principal Secretary DISTRICT LEVEL Annual Attendance Administration Superintendent Dist. Sec. Records Office Staff Exceptional Special Education Coord. Spec. Ed. Special Ed. Children's File Office Secretary 3. Records are to be kept under lock and key at all times under the supervision of those professionals who have designated responsibility. 4. Upon receipt of a parent's or eligible student's written request under the Coordinator of Special Education shall make available a list of the types and the location of student records. 18

19 G. DISCLOSURE OF INFORMATION 1. The School District will furnish to parents, eligible students or their designated representative as authorized in writing, copies of records or information contained therein which is specifically requested within thirty (30) days of written request with the following exception: a. Information contained in confidential and personal files of a professional in the manner as prescribed in Section E, subsection 4-N Copies of records or a request for specific information will be furnished to parents or eligible students in accordance with Board of School Directors fee schedule. 3. Prior Consent for Disclosure Required a. The School District shall obtain the written consent of the parent or the eligible student before disclosing personally identifiable information from the education records of a student with the following exceptions: (1) Directory Information as prescribed in this section, subsection 4 (a) Conditions prescribed in this section, subsection 5 b. Written consent must be signed and dated by the parent or eligible student and include: (1) A specification of the records to be disclosed (2) The purpose or purposes of the disclosure and (3) The party/parties to whom the disclosure is to be made. c. Upon written request, a copy of the record or specific information disclosed shall be made available to: (1) The parent or eligible student (2) To the student if requested by the parent d. In all instances where written consent is required, the School District shall presume that the parent of the student or the eligible student giving the consent has the authority to do so unless evidence has been submitted that there is a legally binding instrument, state law or court order which provides to the contrary. e. If an approved private school is requested by either a student's school district of residence, a student's intermediate unit, or the Department to release student education records or personally identifying information from records 19

20 4. Directory Information of a student, then the approved private school shall comply with the request within seven days of its receipt of request. a. The School District may disclose personally identifiable directory information provided that public notice is made of the: (1) Categories of personally identifiable information designated by the district as directory information. The categories are as follows: (a) (b) (c) (d) (e) (f) (g) (h) Student's name, address, telephone number, date and place of birth Awards, honors won and offices held Major areas of study Participation in officially recognized activities and sports Post high school endeavors Recognition of achievements in academic and non-academic areas of endeavors Recognition of graduating seniors Weight and height of athletes (2) Right of the parent or eligible student to refuse to permit the designation of any or all of the categories of personally identifiable information. (3) Period of time within which the parent or eligible student must inform the district in writing that any or all of the categories listed in this section, subsection 4-a are not to be designated as directory information in respect to the student. (a) (b) The period of time designated for receipt of the parent's or eligible student's written request not to designate personally identifiable information is within thirty (30) days from the date that public notice is made that certain directory information is to be published. The School District may disclose directory information from the education records of an individual who is no longer in attendance without following the procedures stated in this section, subsection 4-a. 5. Prior Consent for Disclosure Not Required a. The School District shall maintain for public inspection a current listing of the names and positions of those agents and employees of the district who are 20

21 authorized to have access to personally identifiable information. A copy of the current listing may be obtained by sending a written request to the Superintendent. b. The district shall disclose personally identifiable information or give access to the records of a student without the written consent of the parent or eligible student to: (1) School officials, including teachers, within the district who have legitimate educational interests on a "need to know" basis designated by this policy as: (a) The Board of Directors acting in their official capacity at hearings and formal meetings. (b) The Superintendent and Coordinator of Special Education acting in their official capacity. (c) Building principals and assistant principals in the performance of their duties as related to achievement, attendance, discipline and in the development of appropriate educational programs for students enrolled in their buildings. (d) Support service staff who are also members of the district's pupil personnel (multidisciplinary) team acting in their capacity to identify student needs, make appropriate recommendations and to render support services in the areas of assessment, referral, guidance and health. (e) Personnel who are directly responsible for the health and safety of students while in attendance or being transported to and from school. (f) Specialists and teachers directly responsible for providing instruction and/or direct services. (2) Officials of another school or school system in which the student seeks or intends to enroll upon notification of enrollment, subject to: (a) (b) (c) Annual notification to parents and eligible students of the transference of records. The right of parents or eligible students to obtain a copy of the educational records upon receipt of their written request The right of the parent or eligible student to have a hearing as specified in section D and subsection 8. (3) Upon receipt of written notification from a school district in which the student is enrolled or seeks to be enrolled, the district shall forward records to the receiving school within a period not to exceed seven days. 21

22 (4) Officials of more than one school if the student is receiving educational services from more than one school provided that the requirements of this section 5, subsection 8. (5) Authorized representative of: (a) (b) The Comptroller General of the United States. The Secretary of the United States Dept. of Health, Education and Welfare. (6) The United States Commissioner of Education, Director of the National Inst. of Education or the Assistant Secretary of the United States Department of Health, Education and Welfare or state educational authorities. (7) State and local officials or authorities to whom information is specifically required to be disclosed pursuant to state statute adopted prior to November 29, This applies only to statutes which require that specific information be disclosed to state or local officials and does not apply to statutes which permit but do not require disclosure. Nothing in this section shall prevent the state from further limiting disclosure to the number or type of state or local officials. (8) Official representatives of state and local agencies, educational in institutions and/or organizations responsible for determining the eligibility of a student's application for financial aid. (9) Organizations conducting studies for, or on behalf of the district for the purpose of developing, validating, administering or scoring tests, administering student aid programs and improving instruction; provided, that the studies are conducted in a manner which will not permit the personal identification of students and their parents by individuals other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted. (a) The term "organizations" includes, but is not limited to federal, state and local agencies and independent organizations. (10) Accrediting organizations authorized by the district to carry out functions related to granting accreditation status. (11) Parents of a dependent student, whether or not having attained the age of eighteen, as defined in section 152 of the Internal Revenue Code of (12) Comply with a judicial order or lawfully issued subpoena. 22

23 (a) The district shall make a reasonable effort to notify the parent of the student or the eligible student of the order or subpoena in advance of the compliance. (13) Appropriate authorities in a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. (a) The factors to be considered in determining whether personally identifiable information from the education records of a student may be disclosed under this subsection shall include the following: 1) The seriousness of the threat to the health or safety of the student or other individuals. 2) The need for the information to meet the emergency. 3) Whether the parties to whom the information is disclosed are in a position to deal with the emergency. 4) The extent to which time is of the essence in dealing with the emergency. (14) Appropriate authorities when the school district reports a crime committed by a student with a disability in accordance with Act 26 and as permitted by the Family Educational Rights and Privacy Act (FERPA) 6. Record of Disclosures Required to be Maintained a. The School District shall for each request and disclosure of personally identifiable information from the education records of a student, maintain a record which is to be kept with the education records of the student which indicates: (1) The parties who have requested or obtained personally identifiable information from the education records of student. (2) The legitimate interests parties had in requesting or obtaining the information. b. The requirement that a record of disclosures shall be maintained under this section does not apply to disclosures to a parent of a student or an eligible student, disclosures pursuant to the written consent of a parent of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made, disclosures to school personnel under this section, subsection 5 or disclosures of directory information under subsection 4. 23

24 c. The record of disclosures may be inspected by the: (1) Parent or eligible student. (2) School officials and his or her assistants who are responsible for the custody of the records. (3) Parties authorized under this section, subsection b-(1) and b-(1)-(c) for the purpose of auditing record keeping procedures. 7. Limitation of Redisclosure a. The School District may disclose personally identifiable information from the records of a student only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent or the eligible student with the understanding that the personally identifiable information which is disclosed to an institution, agency or organization may be used by its officers and/or employees only for the purposes for which the disclosures was made. b. Subsection 7-A of this section does not preclude the district from disclosing personally identifiable information as specified in subsection 4 with the understanding that the information will be redisclosed to other parties under that section provided that the record keeping requirements are met with respect to each of the parties. c. The School District shall, except for the disclosure of directory information, subsection 4, inform the party to whom disclosure is made of the requirement in this section, subsection 7-a. H. NOTIFICATION OF PARENT AND ELIGIBLE STUDENT RIGHTS 1. The School District shall annually disseminate to parents and to eligible students written notification which will inform them of: a. Their rights under the Family Educational Rights and Privacy Act of b. Their rights to inspect, review and be given a copy of the records. c. The locations where copies of the district's policy may be obtained upon written request. d. Their right to file complaints with the Family Educational Rights and Privacy Act Office (FERPA), Department of Health, Education and Welfare, 330 Independence Avenue, Washington, D.C e. Data collected and maintained by representative consent. f. The transference of records to officials of another school system upon notification of the child's enrollment. 2. Parents and eligible students whose primary home language is not English and are 24

25 not able to understand the contents of this policy or to be knowledgeable of their rights, shall be provided with assistance by the district upon written notification. Rev. 12/12/02 25