USE AND DISSEMINATION OF EDUCATIONAL RECORDS

Transcription

1 USE AND DISSEMINATION OF EDUCATIONAL RECORDS E225-R 1. The definition of "educational record" shall mean all official records, files, and documents containing information directly related to a student, including all material incorporated into each student's cumulative record folder, and which are maintained by MSD of Wayne Township or by a party acting for the District. This would include, but not necessarily be limited to: identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, score on standardized intelligence, aptitude and psychological tests, interest inventory results, health data, family background information, teacher or counselor observations, and verified reports of serious or recurrent behavior patterns. (Where records or data include information on more than one student, the parents of any student shall be entitled to receive, or be informed of, that part of such record or data that pertains to their child.) A student's educational record shall not include the following: (d) Personal files maintained by persons who are licensed or certificated school employees or consultants engaged in educating, testing or counseling any student for use in this connection and not maintained for general school use. Such records may include grade books, notes on student work, transcripts of interviews, notes relating to clinical diagnoses and other memory aids. All of such records shall be the property of the person who makes them. The privilege of making and keeping such records shall be conditioned upon their not being shown, turned over, or used by any other person provided, however, the subject matter of the records may be discussed, if necessary or desirable, with other school professional employees or consultants in connection with the education of any student. Examples of student work product such as art and vocational objects and written work. Privileged communication that is outlined in Indiana statutes and current law, which include, but are not limited to the following: Communication privileged under IC and information required to be furnished to law enforcement or social service agencies relating to suspected child abuse or neglect under IC Data which relates to a student or group of students but by which he or they cannot be identified, as, for example, by social security number, name, address, or names of relatives, such records generally being referred to as unidentifiable student records. 2. The definition of the term student includes any person whom the District maintains educational records, or personally identifiable information on, but does not include a person who has not been in attendance at the school system. An eligible student is a student who has attained the age of eighteen (18) years, or is attending an institution of postsecondary education. The permission or consent required of and the rights accorded to parents under this policy shall thereafter be required of and accorded to the eligible student. 3. The definition of the term parent shall mean the natural parent, the adoptive parent, custodian, or legal guardian of the student. 4. The directory information that the District may release, unless the parent requests

2 specifically that this material be withheld, will include: (d) (e) (f) (g) (h) name, address, telephone number date of birth, hair and eye color, race, sex, height and weight, and grade level major field of study participation in school activities and sports dates of school attendance honors and awards other similar information: e.g., height and weight of athletes, honor roll members, information generally found in yearbooks pictures of students involved in school activities The parent or eligible student are given fourteen (14) calendar days from the beginning of the school year to object in writing to the release of any of the above information. The school officials cited in #6 would be the persons qualified to release directory information. 5. The elementary schools house the educational records in the individual teacher's classroom; the health records are placed either in the individual teacher's classroom or the school's clinic; the psychological records are located in the principal's office and at the Department of Special Services in the Education Center. The junior high schools house the educational records in the guidance department, clinic and central office area. The high school houses the records in the guidance department, clinic, and main office vault. 6. The custodians of the educational records are the building principals. They are responsible for the collection, maintenance, and dissemination of the records. The elementary principals also have designated the following as "school officials" to assist with the records: the teachers, the principal's secretary, and employed aides who specifically deal in instructional records. The junior high principals have designated the following as school officials : the administrators, the counselors, the athletic director, the principal's secretary, the assistant principal's secretary, and the guidance secretary. The high school principal has the following designated school officials : the administrators, the counselors, the athletic director, the principal's secretary, the guidance secretary, the records secretary, the athletic director's secretary, and the adult evening education secretary. Ben Davis High School alumni records are used by many of the school departments for newsletters, reunion notices, surveys, and special mailings. However, Ben Davis High School alumni mailing lists are never made available for outside commercial, fundraising, political groups, or unapproved research activities. The alumni lists are not to be sold or loaned to outside organizations or individuals. The lists may be used for any activity approved by the building principal. 7. Currently there is no charge at the elementary or junior high level for copies of educational records. However, this is subject to annual review due to increasing costs absorbed by the school budget. The high school will issue two (2) copies of the student's permanent record

3 free, with additional copies after two (2) costing $1.00 per copy. This $1.00 fee is also subject to annual review. 8. A record must be kept of parties who are not parents or eligible students, or who have their consent, or are authorized school officials who request, review and examine a student's records other than directory information. In the case of persons whose duties within the system require repeated examinations, the period of time over which such examination occurs will suffice. Form SR-5 has been provided for this purpose. This form should become a part of the student's records. The form shall include: the identity of the person, the specific item or items examined, the purpose of the examination and the date of the examination. 9. A parent or a student who is over the age of eighteen (18) years, and is currently enrolled in the District, or records of whom are otherwise maintained by the District, shall have a right to inspect and review such student records or any part thereof, and to obtain copies thereof. When a parent or eligible student wishes to inspect the educational records, the following procedure will be used: Parent or eligible student shall be referred to the principal or his/her designee. The principal should make the requested materials available for inspection within ten (10) days of the request, but it shall be no later than forty-five (45) days after the request. Such inspection shall be made during reasonable business hours determined by mutual agreement between the school employees and the parent or eligible student. With the above proper authorization, the teacher or other certified school employee may be asked to interpret data contained in the record. 10. The contents of a student's records may be furnished to any other person with the written consent of the student's parent or eligible student specifying the records to be released, the reasons the records are to be released, and to whom. To the extent reasonably possible, the school system shall release information to persons under this Section solely on the condition such persons will maintain the confidentiality of the information and will not reveal or disseminate the information to other persons. 11. The school may not release information about a student (except directory information) or grant access to education records, without the written consent of the parents or eligible student except in accordance with the following: School officials within the District who have a legitimate educational interest in the student. Such persons shall include the Superintendent, the principal of the school in which the student is currently enrolled, the school counselor to whom such student is assigned, the student's teachers, and such other professional school employees or consultants as the Superintendent shall designate as having such legitimate interest. Officials of other schools within the District or other school corporations in which the student intends to enroll. Authorized representatives of the Controller General of the United States or the Department of Education or other federal agency, and authorized employees of the Indiana Department of Education, provided, however, that except where collection of personally identifiable data is specifically authorized by federal law, any data or copies collected by such officials with respect to individual students shall not include information which would permit the personal identification of any student or their parents.

4 (d) State and local authorities, including Bureau of Motor Vehicles, where required by law. (e) Accrediting officials of authorized accrediting agencies. (f) Parents of a student who is the parent s dependent under the Internal Revenue Code. (g) In compliance with a court order or subpoena, provided that the student or his parents are notified prior to compliance by the District with the order or subpoena. (h) In the event of a health or safety emergency. (i) Victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense concerning the final results of a disciplinary hearing with respect to the alleged crime; and (j) To any third party the final results of a disciplinary proceeding related to a crime of violence or non-forcible sex offense if the student who is the alleged perpetrator is found to have violated the school's rules or policies. The disclosure of the final results only includes: the name of the alleged perpetrator, the violation committed, and any sanction imposed against the alleged perpetrator. The disclosure must not include the name of any other student, including a victim or witness, without the written consent of that other student. (k) Juvenile justice agency in connection with serving the student. 12. The annual notification to parents or eligible students will be distributed to each student to share with his/her parents. The notification will be distributed before the completion of the first semester. Additional copies of the notification may be obtained from the main office of each school building. 13. A review of all permanent education records will be made by teachers and principals when the student completes the sixth and ninth grade levels respectively. At each such review, irrelevant, inappropriate, or outdated material shall be discarded prior to forwarding the record to the junior high school or high school as appropriate. However, no record shall be destroyed if there is a pending request by a parent for examination of the student's educational records. 14. Parents or eligible student may challenge the validity or content of the record as being inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. Upon completion of the guidelines for parental inspection of records, the following procedures are added if the parents seek to correct educational records: Parents or eligible student should complete the Form SF-2 "Parental Request for Correction of Student Record." This form should be completed by the parents or eligible student and a copy of the same shall be forwarded to the superintendent or his/her designee. One copy should remain as a part of the student's record and the parent or eligible student should retain one copy. The parents or eligible student shall have a meeting with the superintendent or designee. Should corrections be made by the superintendent or designee, the Form SR-3 will be forwarded to the principal so that correction of records may be made. The parent will receive a copy of Form SR-3 noting corrections. In the event that a parent or eligible student challenges the content of their or their child's record and it is not resolved to their satisfaction by the superintendent or the designee, parents may request a further hearing into the matter. In this event, the superintendent or the designee will appoint a "hearing examiner" to hold a hearing on the matter.

5 The request for such a hearing shall be in writing. Form SR-6 has been provided to be used at the discretion of the superintendent or designee. (Other written requests made by the parent for such a hearing accomplish the same end.) The parent or the eligible student shall be given a full and fair opportunity to present evidence relating to the matter. He/she may be represented by one or more individuals, including an attorney, at his/her own expense. The hearing examiner must: (1) Have no direct interest in the matter. (2) Within two (2) days after examiner is appointed (though he/she may have two (2) additional school days if necessary) give a written statement Form SR-8 to the parents or eligible student by certified mail or personal delivery informing them of: (d) (e) (f) (g) The procedures to be followed at any hearing and information as to how such a hearing will be conducted. Who may attend. Procedure for recording proceedings. The method of reporting results. Parents or eligible student's rights regarding the hearing. The hearing examiner will conclude the session by completing and filing Form SR-9. If, as a result of a hearing, it is determined that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the District shall amend the educational records of the student accordingly and so inform the parent or the student in writing. If, as a result of a hearing, it is determined that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the District shall inform the parent or eligible student of the right to place in the education records of the student a statement commenting upon the information in the education records and/or setting forth any reasons for disagreeing with the decision of the hearing examiner. If parents or eligible student is still dissatisfied, they may appeal to the U.S. Department of Education, Family Policy and Regulation Office, Washington, D.C Specific information concerning the allegation is to be included in the appeal. 15. When a child is being transferred from one School Corporation to another, the building administrator has three options for transferring the educational records: If the parent or eligible student, at the MSD of Wayne Township School, personally initiates the request to transfer the educational records, it is not necessary for the parent or eligible student to sign any request or consent form. If the school gives notice to the parents and eligible students at the beginning of the school year that it will be the policy of the school to automatically forward educational records on request to a school in which a student intends to enroll, it is not necessary for the parent or eligible student to sign any request or consent form. If the parent or eligible student notifies the school by September 30 that he/she does not wish this automatic transfer to occur, the request will be honored, and no records will be sent. If another educational agency writes the school to obtain educational records in

6 the form of a transfer, the educational records may be sent. However, the school must make a reasonable attempt to notify the parents or eligible student of the transfer of records. This notification of the transfer of records (Form SR-4) should be sent to the last known address of the parents or eligible student. Since colleges, universities, and vocational/technical schools are also educational institutions, these options are available for sending educational records to a chosen school for higher education. Form SR-4, the Record Release Form, must be used in connection with the release of records to prospective employers or other persons or organizations. If a building administrator believes there is ambiguity in purpose or potential controversy concerning a release, he/she should use the Form SR-4. MSD of Wayne Township, Marion County, Indiana Revised: October 29, 2014

7 MSD OF WAYNE TOWNSHIP ANNUAL NOTIFICATION FAMILY RIGHTS AND PRIVACY NOTIFICATION OF RIGHTS As a part of our general practice of seeking parental assistance in the education of children and in compliance with the Family Rights and Privacy Act (FERPA), MSD of Wayne Township notifies parents and eligible students (18 years of age) that it is permissible for them to review the present and past school records. Upon request made to the principal, arrangements will be made for parents or eligible students to review and discuss the educational records. The principal or a designated professional staff member will be present during the review to answer questions and interpret data. If a parent or eligible student questions the validity of any educational record, the person may ask for a meeting with the Superintendent or his designee to discuss a correction. If the conference with the Superintendent or his designee does not meet the satisfaction of the parent or eligible student, the person may request a further hearing into the matter. Complete procedures for inspection, fee schedules, location and identification of school officials for educational records are listed in the School Board policy, "E225: Use and Dissemination of Educational Records," and the administrative guidelines that accompany the policy. The Board Policy as well as additional copies of the notification may be obtained at any Wayne Township School Building or the Administration Building during normal operating hours and are also located on the School District s website. DIRECTORY INFORMATION It is necessary at times to release certain information about students. This may result as a part of the publicity given schools or through the preparation of school brochures concerning school activities, yearbooks and school directories. Unless parents or eligible students object in writing by September 30 of a particular school year, the following information may be released during that school year: Name, address, telephone number Date and place of birth Major field of study Honors and awards Participation in School Activities Dates of school attendance Other similar information (For example - height and weight of athletes, honor roll members, information generally found in yearbooks) Pictures of students involved in school activities TRANSFER OF RECORDS TO EDUCATIONAL INSTITUTIONS Wayne Township Schools, in accordance with updated provisions to FERPA, will forward educational records to an educational institution that is receiving, or has received, one of our students without the parent or eligible student signing a release request. This automatic transfer of educational records is done to enable the student to continue his educational training with as smooth a transition from school to school as possible. If a parent, legal guardian or eligible student objects to the automatic transfer of school records, the objection should be submitted in writing to the building principal by September 30.