HPCSD BOE Policy 5500-R : Student Records Regulation

It is recognized that the confidentiality of student records must be maintained. The following necessary procedures have been adopted to guarantee the protection of student records.

Section 1. Pursuant to the "Family Educational Rights and Privacy Act (FERPA), it shall be the policy of this school district to permit parents, guardians and eligible students to inspect and review any and all official records, files and data directly related to that student. For the purpose of mis regulation, "eligible students" are those students who are 18 or older or former students who are attending any school beyond the high school level. The rights created by FERPA transfer from the parents/guardians to the student once the student attains eligible student status.

Section 2. Parents/guardians or the eligible student will have an opportunity for a hearing to challenge the content of their child's (their own) school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

Section 3, A letter shall be sent annually to parents/guardians and eligible students informing them of their rights pursuant to FERPA. See Exhibit 5500-E.1. The district shall provide translations of this notice, where necessary, to parents/guardians and eligible students in their native language or dominant mode of communication. (See Policy 5500 for further information on the notice requirements.)

Section 4. To implement the rights provided for in Sections 1 and 2, the following procedures are adopted:

1. A parent/guardian or an eligible student who wishes to inspect and review student records shall make a request for access to the student's school records, in writing, to the Building Principal. Upon receipt of such request, arrangements shall be made to provide access to such records within forty-five (45) days after the request has been received. If the record to which access is sought contains information on more than one student, the parent/guardian or eligible student will be allowed to inspect and review only the specific information about the student on whose behalf access is sought.
2. A parent/guardian or an eligible student, who wishes to challenge the contents of the student's school records, shall submit a request, in writing, to the Building Principal, identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student together with a statement with the reasons for their challenge to the record.
3. Upon receipt of a written challenge, the Building Principal shall provide a written response indicating either that he/she finds the challenged record inaccurate, misleading or otherwise in violation of the student's rights and it will be corrected or deleted, or that he/she finds no basis for correcting or deleting
the record in question, but that the parent/guardian or eligible student will be given an opportunity for a hearing. Such written response by the Building Principal shall be provided to the parent/guardian or student within 14 days after receipt of the written challenge. Said response shall also outline the procedures to be followed with respect to a hearing, if desired by the parent or student.
4. Within 14 days of receipt of the response from the Building Principal, a parent/guardian or eligible student may request, in writing, that a hearing be held to review the determination of the Building Principal.
5. The hearing shall be held within 10 days after the request for the hearing has been received. The hearing will be held by the Superintendent of Schools, unless the Superintendent has a direct interest in the outcome of the hearing, in which case the superintendent will designate another individual who does not have a direct interest in the outcome of the hearing to hold the hearing.
6. The parent/guardian or eligible student shall be given a full and fair opportunity to present evidence at the hearing. The parent/guardian or eligible student may, at their own expense, be assisted or represented by one or more individuals of bis or her own choice, including an attorney.
7. The Superintendent or other individual designated by the Superintendent will make a decision in writing within 14 days after the hearing.
8. After the hearing, if the Superintendent or the individual designated by the Superintendent decides not to amend the record, the district will inform the parent/guardian or eligible student that they have the right to place a statement in the record commenting on the contested information or stating why he/she disagrees with the decision of the district. Any statement placed in the record will be maintained with the contested part of the student record for as long as the record is maintained. Further, the statement will be disclosed by the district whenever it discloses the portion of the record to which the statement relates.

Section 5. Except to the extent that FERPA authorizes disclosure of student records without consent, student records, and any material contained herein which is personally identifiable, are confidential and will not be released or made available to persons other than parents/guardians or eligible student.

Exceptions to FERPA's prior consent requirement include but are not limited to:

1. to school officials within the school district who have a legitimate educational interest in the records.
2. to school officials of another school in which a student seeks or intends to enroll, upon request of such school official;
3. to certain officials of the U.S. Department of Education, the U.S. Comptroller General, and the state and local educational authorities, in connection with certain state or federally supported education programs;
4. in connection with a student's request for or receipt of financial aid, as necessary, to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of aid;
5. if required by a state law requiring disclosure mat was adopted prior to November 19,1974;
6. to organizations conducting certain studies for or on behalf of the school district for the purpose of developing, validating or administering predictive tests, student aid programs and instruction;
7. to accrediting organizations to carry out their accrediting functions;
8. to parents of a dependent student who claim the student as a dependent for income tax purposes;
9. to comply with a judicial order or a lawfully issued subpoena, provided that a reasonable effort is made to notify the parent or eligible student prior to compliance;
10. to appropriate parties in a health or safety emergency;
11. To state and local officials or authorities in compliance with state law that concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are being released;
12. To teachers and school officials in other schools who have legitimate educational interests in the behavior or the student when the information concerns disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community;
13. To provide information that the district has designated as "directory information"; or
14. To provide information from the school's law enforcement unit records.

Section 6. Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions authorized by FERPA, the parent/guardian or eligible student must file a written consent to such action. The written consent must specify the records to be released, the reasons for such release, and to whom. If the parent or eligible student so requests, the district will provide him or her with a copy of the records disclosed. In addition, if the parent of a student who is not an eligible student so requests, the district will provide the student with a copy of the records disclosed.

Section 7. Unless specifically exempted by FERPA, all persons requesting access to such records will be required to sign a written form which indicates the legitimate educational interest that such person has in inspecting the records. Such form will be kept with the student's file and will be maintained with the student's file as long as the file is maintained. See Exhibit 5500-E.5.

Retention and Disposition of Student Records

The Board has adopted the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which Contains the legal minimum retention periods for district records. The Board directs all district officials to adhere to the schedule and all other relevant laws in retaining and disposing of student records. In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

Adoption date

November 12,1992

Revised

Policies are presented here for convenience only and may not be complete, current or correct. Please contact the District Clerk for the current version of any policy.

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