Hyde Park Central School District

The Board of Education recognizes that the confidentiality of student records must be maintained and, therefore, establishes procedures for the confidentiality of student records consistent with federal and state statutes and regulations. The Superintendent of Schools shall be responsible for ensuring that the requirements under all federal and state statutes and regulations shall be carried out by the school district.

Definitions

For the purposes of this policy, the Hyde Park Central School District has used the following definitions of terms:

Student - any person who attends or has attended the Hyde Park Central School District.

Eligible Student - a student or former student who has reached age 18 or is attending a post-secondary school.

Parent - either natural parent of a student, a guardian or an individual designated to act as a parent or guardian in the absence of the student's parent or guardian.

Education Records - any record (in handwriting, print, tapes, film or other medium) maintained by the school district or an agent of the school district which is directly related to a student, except:

  1. a personal record kept by a school staff member if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker's temporary substitute;
  2. an employment record which is used only in relation to a student's employment by the Hyde Park Central School District and which is maintained in the normal course of business; or
  3. alumni records which contain information about a student after he or she is no longer in attendance at the school district and the records do not relate to the person as a student.

In addition, an eligible student may be refused access to psychiatric or treatment records; however, an eligible student may designate a physician or other appropriate professional who the school must permit to inspect the records.

FERPA - Family Educational Rights and Privacy Act of 1974.

Annual Notification

Parents and eligible students in attendance at the school district will be notified of their FERPA rights and the district's policy and procedures governing access to records, annually, by publication in their school district calendar. This notice will also be provided to parents, guardians and eligible students who enroll during the school year. This notice shall include:

  1. the rights of the student's parent or eligible student to inspect and review the student's education records;
  2. the opportunity for a parent or eligible student to challenge the contents of the student's education records, to ensure that the records are not inaccurate, misleading or otherwise in violation of the privacy rights of students and to provide an opportunity for the correction of such records;
  3. consent to disclosure of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent; and
  4. the right of any person to file a complaint with the U.S. Department of Education if the school district violates FERPA.

In addition, the annual notice will inform parents/guardians and eligible students:

  1. that it is the district's policy to disclose personally identifiable information from student records, without consent, to other school officials with the district whom the district has determined to have legitimate educational interests. For purposes of this policy, a school official is a person employed by or under contract with the district as an administrator, teacher, instructor, support staff, health or medical staff, law enforcement unit personnel, Board member and any persons employed by or under contact with the school district to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official performing his or her tasks. A legitimate educational interest shall include performing a task which is specified in his or her job description or by contract, performing a task related to a student's education or the discipline of a student, or providing a service or benefit related to the student of student's family, such as health care, counseling or job placement.
  2. that, upon request, the district will disclose education records without consent to officials of another school district in which a student seeks or intends to enroll.
  3. of the procedure for exercising the right to inspect, review and request amendment of student records.

This notice shall be provided to non-English speaking parents in their native language.

Procedure to Inspect Education Records

Parents of students or eligible students may inspect and review the student's education records upon request. Such request shall be in writing, to the Superintendent or designee, identifying as precisely as possible, the record or records which he/she wishes to inspect. The student's records will be made available for review promptly, and in any event within 30 days of such written request. The parent or eligible student will be notified of the time and place where the records may be inspected. The school district may require that an official be present during such inspection. No documents may be removed from school premises.

When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the portion of the record which pertains to other students.

Refusal to Provide Copies

The Hyde Park Central School District will not provide a parent or eligible student with a copy of the student's education record unless failure to do so would effectively prevent the parent or eligible student the right to inspect and review the records.

If the record involves answers to a standardized test, the school district will not provide a parent or eligible student a copy of standardized test questions.

Copies of student education records shall be provided, upon a parent's request, when:

  1. records are transferred to another school;
  2. information is released to a third party designated by the parent or eligible student; or
  3. failure to do so would effectively deny the right of inspection.

A parent or eligible student may permit any third person to inspect the student's educational records. Such consent must be in writing, signed and dated, and must specify:

  1. which records are to be disclosed;
  2. the purpose or purposes of disclosure; and
  3. the individual(s) or group(s) to whom disclosure should be made.

Any third party to whom such records have been made available shall sign a written statement that he/she will not further release such records without the consent of the parent or eligible student.

Fees for copies of Records

The fee for copies will be 25 cents per page (or actual cost of reproduction), and postage, if any.

Types, Locations and Custodians of Education Records

The following is a list of the types of records that the Hyde Park Central School District maintains, their locations and their custodians:

Records Locations
TypeLocationContact Person
Cumulative School RecordsSchool Building OfficeBuilding Principal
Cumulative School Records (Former Students)School Building OfficeBuilding Principal
Special Education RecordsSpecial Education OfficeAssistant Superintendent for Pupil Personnel
Health ReportsSchool Nurse's OfficeSchool Nurse
Speech Therapy RecordsSchool Building OfficeBuilding Principal or Speech Therapist
Psychological RecordsSchool Building OfficeBuilding Principal or School Psychologist
Transportation RecordsSchool Bus GarageDirector of Transportation
Occupational and Physical Therapy RecordsSpecial Education OfficeAssistant Superintendent of Pupil Personnel Services
District Standardized TestingSchool Building OfficeBuilding Principal
Educational EvaluationsSchool Building OfficeBuilding Principal
Guidance FilesBuilding Guidance OfficeBuilding Principal or Guidance Counselor
Occasional Records (student education records not identified above)School Building OfficeSchool Building Office

Records of Requests for Disclosure

The Hyde Park Central School District shall maintain a record of all requests for and/or disclosure of information from a student's education records, excluding requests of school officials and requests for directory information. The record will indicate the name of the party making the request, any additional parties to whom it may be disclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the parent or eligible student.

Directory Information

The Hyde Park Central School District designates the following items as Directory Information: student's name, address, telephone number (except if unlisted) and dates of attendance. The district may disclose any of these items without prior written consent, unless notified to the contrary, in writing, by the parent or eligible student within thirty days from the date the proper FERPA notice is given by the district.

Written notification shall be given annually by publication in the school district calendar to parents and eligible students regarding the district's Directory Information Policy and their right to object by notifying the district in writing that they do not consent.

The district may elect to combine both the annual notice of rights under FERPA and the annual notice of "directory information" designations into one notice.

Complaint Procedure

A person may file a complaint with the U.S. Department of Education if he/she feels that the school district has violated FERPA by sending a written complaint to:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-4605

The Director of Pupil Personnel Services is designated as the administrator responsible for compliance with the confidentiality requirements governing access to student records.

All personnel collecting or using personally identifiable information regarding student records shall receive training or instruction regarding the requirements of this policy and its regulations.

A current listing of the names and positions of officers and employees who may have access to personally identifiable student records information shall be maintained for public inspection.

Cross-reference

  • 1120, School District Records
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  • 4321, Programs For Students With Disabilities Under Idea And Article 89
  • ,
  • 5170, Student Attendance Accounting
  • ,
  • 5460, Suspected Child Abuse And Maltreatment
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    Reference

  • Family Educational Rights and Privacy Act, 20 USC 1232g; 34 CFR Part 99
  • Education Law § 225
  • Public Officers Law §87(2)(a)
  • Arts and Cultural Affairs Law, Article 57-A (Local Government Records Law)
  • 8 NYCRR 185.12 (Appendix I) Records Retention and Disposition, Schedule
  • ED-1 for Use by School Districts and BOCES
  • Adoption date

    September 9, 1993

    Revised

  • June 18, 1996
  • January 27,2000
  • Regulation

    Exhibits

  • 5500-E.1
  • 5500-E.2
  • 5500-E.3
  • 5500-E.4



  • 11 Boice Road
    P. O. Box 2033
    Hyde Park, NY 12538
    (845) 229-4000
    For Emergency Information (845) 229-4001
    District Fax: 229-4056
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    Last updated Tuesday, 11-Sep-2007 14:54:36 EDT