POLICY 7-1.3††††† STUDENT RECORDS
Parents and eligible students will be given the opportunity to inspect and review the studentís education record upon request.† If a parent or eligible student disagrees with information contained in the studentís education record, the parent or eligible student may challenge that information through the process set forth below in the ďCorrection of Education RecordsĒ subsection.†
The school division will annually notify parents of students currently in attendance, or eligible students currently in attendance, of:
a.†††††††††††† the right to inspect and review the studentís education record and the procedure for requesting the inspection and review;
b.†††††††††††† the right to seek amendment of the studentís education records as set forth below;
c.†††††††††††† the right to maintain the confidentiality of the studentís education record unless the law requires disclosure of the information by the school division, including the right to refuse to allow the release of ďdirectory informationĒ;
d.†††††††††††† the right to file a complaint with the U.S. Department of Education concerning alleged failures by the school division to comply with the Family Educational Rights and Privacy Act and its implementing regulations;†††
e.†††††††††††† criteria for determining who constitutes a school official and what constitutes a legitimate educational interest for allowing disclosure;
f.††††††††††††† the types and locations of education records;
g.†††††††††††† the title and address of the school official responsible for the maintenance of education records, the parties to whom information may be disclosed, and the purpose for disclosure;
h.†††††††††††† the fee for reproducing education records (IEPs) are provided at no cost to parents/guardians); and
i.††††††††††††† the right of parents and eligible students to obtain, upon request, a copy of the school divisionís written policies and procedures on the management of education records.
The school division may provide this annual notice by any means reasonably likely to inform the parents or eligible students of their rights.
For purposes of this policy, the following terms have the meanings set forth below.
Directory information: information contained in an education record of a student, which would not generally be considered harmful, or an invasion of privacy if disclosed. It includes, but is not limited to, the studentís name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended.
Disclosure: to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.
Education records: those records that are
a.†††††††††††† directly related to a student; and
b.†††††††††††† maintained by the school division or by a party acting for the School Board.
††††††††††††††† The term does not include records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.† The term also does not include notices received about students from a clerk of court when the school division has not taken disciplinary action based upon the notices.
††††††††††††††† Education records are those recorded in any way, including, but not limited to, in handwriting, print, computer media, video or audiotapes, film, microfilm, microfiche, or other medium.
††††††††††††††† Education records include:
a.†††††††††††† court notice of adjudication as provided in ß 16.1-305.1 of the Code of Virginia, 1950, as amended, if disciplinary action against a student is based upon an incident that formed the basis for the adjudication or conviction - any notice of disposition shall not be retained after the student has been awarded a diploma or certificate;
b.†††††††††††† any disciplinary record of action taken based on notice of adjudication as specified in section a above; and
c.†††††††††††† any disciplinary action taken against a student for violation of school rules or policies occurring on school property or at school-sponsored events and information concerning disciplinary action taken against such 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.
If the school division in regard to the incident takes disciplinary action upon which the adjudication or conviction was based, notice shall be provided to the parent or guardian in accordance with state law. With the consent of the parent or guardian, or in compliance with a court order, the school division must also notify the court of the disciplinary action. If the school division does not take disciplinary action, every notice of adjudication or conviction received by the division superintendent, and information contained in the notice, shall be maintained by the division superintendent, and by any others to whom he disseminates it as permitted by law, separately from all other records concerning the student.
††††††††††††††† Eligible Student: a student who has reached 18 years of age or is attending an institution of post-secondary education.
Personally identifiable information:† includes, but is not limited to
a.†††††††††††† the studentís name;
b.†††††††††††† the name of the studentís parent or other family member;
c.†††††††††††† the address of the student or studentís family;
d.†††††††††††† a personal identifier, such as the studentís social security number or student number;
e.†††††††††††† a list of personal characteristics that would make the studentís identity easily traceable; and
f.††††††††††††† other information that would make the studentís identity easily traceable.
a.†††††††††††† a person employed by the school division as an administrator, supervisor, instructor, or support staff member;
b.†††††††††††† a person appointed or elected to the School Board;
c.†††††††††††† a person employed by or under contract to the school division to perform a special task, such as an attorney, auditor, medical consultant, or therapist; or
d.†††††††††††† a person who is a teacher, including a teacher or other staff person in another school, who has a legitimate educational interest in the student.
Legitimate Educational Interest: A school official has a legitimate educational interest if the official is:
a.†††††††††††† performing a task that is specified in his or her position description or by a contract agreement;
††††††† b.†††††††††††† performing a task related to a studentís education;
††††††† c.†††††††††††† performing a task related to the discipline of a student; and/or
d.†††††††††††† providing a service or benefit relating to the student or studentís family, such as health care, counseling, job placement, or financial aid.
Unless an exemption applies as set forth below, the school division will not release personally identifiable information about a student without prior written consent.† If a parent or eligible student desires for the school division to release personally identifiable information, the parent or eligible student should provide a signed and dated written consent.
††††††††††† When No Written Consent is Required
††††††††††† The school division may disclose personally identifiable information from an education record of a student without prior written consent if the disclosure meets one (1) or more of the following conditions:
a.†††††††††††† the disclosure is to other school officials, including teachers, who have legitimate educational interests;
b.†††††††††††† the disclosure is to officials of another school, school system, or institution of post-secondary education where the student seeks or intends to enroll - the school division will provide notice to the parents or eligible student of the transfer of the education record to another school division within five (5) days of the transfer;
c.†††††††††††† the disclosure is to authorized representatives of
Comptroller General of the
(2)†††††††††† the Secretary of Education
(3)†††††††††† state and local educational authorities
††††††††††††††† d.†††††††††††† the disclosure is in connection with financial aid for which the student has applied or which the student has received;
††††††††††††††† e.†††††††††††† the disclosure is to state and local officials or authorities to which this information is specifically allowed to be reported or disclosed pursuant to state statute;
††††††††††††††† f.††††††††††††† the disclosure is to organizations conducting studies for, or on behalf of, educational ††††††† agencies or institutions to
(1) develop, validate, or administer predictive tests
(2) administer student aid programs
(3) improve instruction
g.†††††††††††† the disclosure is to accrediting organizations to carry out their accrediting functions;
h.†††††††††††† the disclosure is to parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954;
i.††††††††††††† the disclosure is to comply with a judicial order or lawfully issued subpoena, after making a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the subpoena that the court or issuing agency has ordered that the existence or contents of the subpoena not be disclosed;
j.††††††††††††† the disclosure is in connection with a health or safety emergency, under the conditions described in federal regulation;
k.†††††††††††† the disclosure is of ďdirectory informationĒ;
l.††††††††††††† the disclosure is to an eligible student;
m.††††††††††† the disclosure is to a court when the school division has initiated legal action against a parent or student;
n.†††††††††††† the disclosure is to state or local law enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board seeking information in the course of his/her duties. An educational agency or institution reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of said child are transmitted for consideration by the appropriate authorities to whom it reports the crime;
o.†††††††††††† the disclosure is to employees or officials of a protective services agency regarding a pupil referred to that agency as a minor requiring investigation or supervision by that agency;
p.†††††††††††† the disclosure is at the discretion of the school division, to the staff of a college, university or educational research and development organization or laboratory if such information is necessary to a research project or study conducted, sponsored, or approved by the college, university, or educational research and development organization or laboratory and if no pupil will be identified by name in the information provided for research;
q.†††††††††††† data about a student who is a
r.††††††††††††† a studentís pre-school physical examination report, immunization record and school entrance health examination form may be released to employees or officials of a state or local health department;
s.†††††††††††† a studentís daily attendance record may be released to an employee of a local social services department for the purpose of determining eligibility for public assistance; and
t.††††††††††††† names and addresses of present and former students may be disclosed for the purpose of informing students and former students of available educational and career opportunities to any officer or employee of a public or private school, college or university; an official of a private business or professional school or college; and any military recruiter. Two federal laws (the No Child Left Behind Act of 2001 and the National Defense Authorization Act for Fiscal Year 2002) require the Montgomery County Public Schools, because they receive assistance under the Elementary and Secondary Education Act of 1965, to provide military recruiters, upon request, student names, addresses, and telephone numbers, subject to a parentís request not to disclose such information without written consent. To refuse release of directory information, the parent or guardian must submit a written request to the principal at the beginning of each school year.
††††††††††††††† Release to Juvenile Justice Authorities
††††††††††††††† A Montgomery County Public Schools principal or his/her designee may disclose identifying information from a pupil's scholastic record for the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication. The principal or his/her designee may disclose identifying information from a pupilís scholastic record to the following agencies or individuals:
††††††††††††††† (i)††††††††††† State or local law-enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties;
††††††††††††††† (ii)†††††††††† An officer or employee of a county or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency.
††††††††††††††† (iii)††††††††† Attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice and to the staff of such agencies.
††††††††††††††† Prior to disclosure of any such scholastic records, the persons to whom the records are to be disclosed shall certify in writing to the principal or his designee that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the pupil or by such pupil if the pupil is eighteen years of age or older.
††††††††††††††† Record of Requests for Disclosure
Montgomery County Public Schools shall maintain a record, kept with the education records of each student, indicating all individuals, agencies or organizations which request or obtain access to a studentís education records, except those who receive records with consent. The record will indicate the legitimate interest the party had in obtaining the information. The record of access will be available only to parents, to the school official and his or her assistant(s) who are responsible for the custody of such records, and to persons or organizations, which audit the operation of the system.
The requirements related to records of requests for disclosure stated above do not apply to requests made pursuant to an ex parte order issued by a court at the request of the United States Attorney General (or any federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) seeking to collect education records relevant to an authorized investigation or prosecution of international terrorism as defined in 18 U.S.C. ß 2331 or other acts listed in 18 U.S.C. ß 2332b(g)(5)(B).
Personal information will only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student.† If a third party permits access to information, or fails to destroy information, the school division will not permit access to information from educational records to that third party for a period of at least five years.
††††††††††††††† The school division will maintain a record of all requests for and of disclosure of information from a studentís education record.† The record will indicate the name of the party making the request, any additional party to whom it may be disclosed, and the legitimate interest of the party in requesting or obtaining the information.† The parents or eligible student may review the record of requests.
††††††††††††††† Inspection of Education Record
††††††††††††††† Parents or eligible students may inspect the studentís education record without unnecessary delay and before any meeting regarding an IEP or hearing involving a student with a disability.† The school division will respond to reasonable requests for explanations and interpretations of the education record.
Parents or eligible students should submit to the studentís school principal a written request that identifies as precisely as possible the record or records he or she wishes to inspect.† When a record contains information about students other than a parentís child or the eligible student, the parent or eligible student may not inspect and review the portion of the record that pertains to other students.
††††††††††††††† Correction of Education Record
If a parent or eligible student believes the education record relating to the student contains information that is inaccurate, misleading, or in violation of the studentís rights of privacy, he or she may ask the school division to amend the record. The school division will decide whether to amend the record as requested within a reasonable time after it receives the request.
††††††††††††††† If the school division decides not to amend the record as requested, it will inform the parent or eligible student of its decision and of his or her right to a hearing.
††††††††††††††† If, as a result of the hearing, the school division decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the school division, or both.
††††††††††††††† Filing Complaints
††††††††††††††† A parent or eligible student may file a written complaint with the U. S. Department of Education regarding an alleged violation under the Family Educational Rights and Privacy Act and its implementing regulations.† The address for filing a complaint is:
††††††††††††††† Family Policy Compliance Office
††††††††††††††† U. S. Department of Education
††††††††††††††† Transfer of Student Records
††††††††††††††† Within the School Division
††††††††††††††† The student record shall follow the student from school to school in order to show a pattern in the studentís development.
††††††††††††††† Outside the School Division
††††††††††††††† When a student transfers to another school division or post-secondary educational institution, a transcript of his/her scholastic record, to include academic achievement, standardized test data, cumulative health-physical fitness record, medical records, special education and 504 records, and other pertinent information shall be sent promptly, upon request, to the appropriate official of the school in which the student seeks or intends to enroll.† A Montgomery County public school responding to a request for the transfer of the scholastic records from another school division need not provide written notice of the transfer of the record, including the identity of the requester, to the parent, guardian or other person having control or charge of the student, or to a student who is eighteen (18) years of age or older, if the school has previously included in its annual notice a statement that it forwards such records to such requesting school divisions.
††††††††††††††† When a student transfers from Montgomery County Public Schools, the school division, shall, to the extent practicable, maintain written or electronic documentation of the studentís transfer, in order to make an informed status classification of such student in an information management system prescribed by the Virginia Board of Education.
††††††††††††††† Electronic Records and Signatures
††††††††††††††† Montgomery County Public Schools may accept electronic records and electronic signatures from any parent, guardian or other person having control or charge of a child enrolled in the Montgomery County Public Schools, in accordance with applicable law.† The division superintendent shall promulgate regulations to accept electronic records and electronic signatures that meet the requirements of Virginia Code Sections 22.1-79.3(F) and 59.1-479, et seq.
Reports of Missing Children
The School Board shall receive from local law enforcement, as required by applicable law, reports of disappearances of any children living within the school division.† Upon notification by a local law-enforcement agency of a childís disappearance, the principal of any school in which the child was enrolled at the time of the disappearance shall indicate, by mark, in the childís cumulative record that the child has been reported missing.† Upon notification by law enforcement that the child is located, the principal shall remove the mark from the record.† For purposes of this Policy, a ďmarkĒ shall mean an electronic or other indicator that (i) is readily apparent on the studentís record and (ii) will immediately alert any school personnel that the record is that of a missing child.
Upon receiving a request from any school or person for copies of the cumulative records and birth certificate of any child who has been reported by a local law-enforcement agency to be missing, the school being requested to transfer the records shall immediately notify the law-enforcement agency that provided the report to the school of the childís disappearance of the location of the school or person requesting the cumulative records and birth certificate of the child, without alerting the requestor of such report.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, ßß 16.1-301, 16.1-305.1, 16.1-305.2, 22.1- 287 through 22.1-289, 32.1-36.1; Virginia Board of Education Special Education Program Standards, 8 VAC 20-570-10, et seq.; Regulations Governing Management of the Studentís Scholastic Record, 8 VAC 20-150-10; Family Educational Rights and Privacy Act of 1974 (FERPA), P.L. 93-380, 20 U.S.C. ß 1232(g) (1979); 34 C.F.R. Part 99; No Child Left Behind Act of 2001, P.L. 107-110; the National Defense Authorization Act for Fiscal Year 2002, P.L. 107-107; Individuals With Disabilities Education Act of 1990, P.L. 94-142, 20 U.S.C. ß 1401, et seq. (1982), 34 C.F.R., ß 300, et seq.; Education Division General Administrative Regulations (EDGAR) 34 C.F.R. ß 75.734; 42 United States Code, ß 290dd.
Adopted:† April 2004
Revised:† September 2006, August 2007, June 2008, June 2011