POLICY
7-1.3 STUDENT RECORDS
Generally
The
Parents and eligible students will be given the opportunity to inspect and review the student’s education record upon request. If a parent or eligible student disagrees with information contained in the student’s education record, the parent or eligible student may challenge that information through the process set forth below in the “Correction of Education Records” subsection.
Annual Notification
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 student’s education record and the procedure
for requesting the inspection and review;
b. the
right to seek amendment of the student’s education records as set forth below;
c. the
right to maintain the confidentiality of the student’s education record unless
the law requires disclosure of the information by the school division,
including the right to refuse to allow the release of “directory information”;
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 division’s 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.
Definitions
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 student’s 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 § 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 student’s name;
b. the name of the student’s parent or
other family member;
c. the address of the student or
student’s family;
d. a personal identifier, such as the
student’s social security number or student number;
e. a list of personal characteristics
that would make the student’s identity easily traceable; and
f. other information that would make the student’s identity easily traceable.
School Official:
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
student’s 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 student’s family, such as health care, counseling,
job placement, or financial aid.
Disclosure
Generally
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
(1) the
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 “directory
information”;
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
veteran of
r. a student’s 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 student’s 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
parent’s 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
pupil’s 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 student’s 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. § 2331 or other acts listed in 18 U.S.C. §
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 student’s 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 student’s 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 student’s 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 parent’s 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 student’s 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 student’s 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
student’s 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 child’s disappearance, the principal of any
school in which the child was enrolled at the time of the disappearance shall
indicate, by mark, in the child’s 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 “mark” shall mean an electronic or other indicator that (i) is
readily apparent on the student’s 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 child’s 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, §§ 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 Student’s Scholastic Record, 8 VAC 20-150-10; Family
Educational Rights and Privacy Act of 1974 (FERPA), P.L. 93-380, 20 U.S.C. § 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. § 1401, et seq. (1982), 34 C.F.R., § 300, et seq.; Education Division
General Administrative Regulations (EDGAR) 34 C.F.R. § 75.734; 42 United States Code, § 290dd.
Adopted: April 2004
Revised: September 2006, August 2007, June 2008, June 2011