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STUDENTS
Student
Records; Confidentiality
Educational
records will be kept for each student and will reflect the physical,
emotional, social and academic aspects of a student's development in
the educational process.
The Board
of Education recognizes the legal requirements to maintain the confidentiality
of student records. The procedures for the confidentiality of student
records shall be consistent with federal statutes, including the Family
Educational Rights and Privacy Act of 1974 (FERPA) and its implementing
regulations and applicable Connecticut General Statutes, including the
freedom of information act which provides for exemption from disclosure
for any document that is confidential under FERPA.
Safeguards
shall be established by the school administration to protect the student
and the student's family from invasion of privacy in the collection,
maintenance and dissemination of information, and to provide accessibility
to recorded information by those legally entitled thereto.
For
the purposes of this policy:
"Parent"
means a natural parent, an adopted, or a legal guardian or an individual
acting as a parent in the absence of a parent or guardian. If parents
are divorced or legally separated the parent granted custody and the
parent not granted custody of a minor child both have the right of access
to the academic, medical, hospital, or other health records of the child,
unless a court order prohibits access. Whenever a student has attained
the age of 18 years or is attending an institution of post secondary
education, the permission or consent required of, and the rights accorded
to, the parents or guardians of the student shall thereafter only be
required of, and accorded to, the student.
"Student
record" means any item of information directly related to an
identifiable student, other than directory information, which is maintained
by a school district or required to be maintained by an employee in
the performance of his/her duties whether recorded in handwriting, print,
computer media, video or audio tape, film, microfilm and microfiche.
Student records include information relative to an individual student
gathered within or without the school system and maintained within the
school system, regardless of the physical form in which it is maintained.
Any information maintained for the purpose of review by a second party
is considered a student record.
"Student
record" shall not include informal notes related to a student
compiled by a school official or employee which remain in the sole possession
of the maker and are not accessible or revealed to any other person
except a substitute.
"Substitute"
means a person who performs the duties of the individual who made the
notes on a temporary basis, and does not refer to a person who permanently
succeeds the maker of the notes in his or her position.
"School
Official" means a person employed by the District as an administrator,
supervisor, instructor, or support staff member, including health or
medical staff and law enforcement unit personnel.
The Superintendent
shall be responsible for ensuring that all requirements under federal
and state statutes shall be carried out by the district. He/She will
develop procedures providing for the following:
1. Annually
informing parents of their rights.
2. Permitting
parents to inspect and review educational records, including, at least,
a statement of the procedure to be followed by a parent or eligible
student who requests to inspect and review the educational records,
with an understanding that the procedure may not deny access to educational
records; a description of the circumstances in which the district feels
it has a legitimate cause to deny a request for a copy of such records;
a schedule of fees for copies; and a listing of the types and locations
of education records maintained by the school and the titles and addresses
of school officials responsible for those records.
3. Not
disclosing personally identifiable information from a student's education
records without the prior written consent of the student's parent, except
as otherwise permitted by administrative regulations; including at least
a statement of whether the school will disclose personally identifiable
information from the records to other school officials within the school
who have been determined by the school to have legitimate educational
interests, and, if so, a specification of the criteria for determining
which parties are "school officials" and what the school considers
to be a "legitimate educational interest"; and a specification
of the personally identifiable information to be designated as directory
information.
4. Maintaining
the record of disclosures of personally identifiable information from
a student's education records and permitting a parent to inspect that
record.
5. Providing
a parent with an opportunity to seek the correction of the student's
education records through a request to amend the records or a hearing,
and permitting the parent or an eligible student to place a statement
in the education records of the student.
6. Guaranteeing
access to student records to authorized persons within five days following
the date of request.
7. Assuring
security of student records.
8. Enumerating
and describing the student records maintained by the school system.
9. Annually
informing parents under what conditions that their prior consent is
not required to disclose information.
10. Ensuring
the orderly retention and disposition, per applicable state statutes,
of the districts student records.
Legal
Reference: Connecticut General Statutes
1 19(b)(11)
Access to public records. Exempt records.
1-210(B)(17)
7 109
Destruction of documents.
10 15b
Access of parent or guardians to student's records.
10 154a
Professional communications between teacher or nurse & student.
10 209
Records not to be public.
10 221b
Boards of education to establish written uniform policy re: treatment
of recruiters.
11-8a
Retention, destruction and transfer of documents
11-8b
Transfer or disposal of public records. State Library Board to adopt
regulations.
46b
56 (e) Access to Records of Minors.
Connecticut
Public Records Administration Schedule V Disposition of Education
Records (Revised 1983).
Public
Act 00-220 (Transfer of Student Records Amendment)
Federal
Family Educational Rights and Privacy Act of 1974 (section 438 of the
General Education Provisions Act, as amended, added by section 513 of
P.L. 93 568, codified at 20 U.S.C.1232g.).
Dept. of
Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing
FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C.
1232g) parent and student privacy and other rights with respect to educational
records, as amended 11/21/96.
Public
Act 00-220 (Transfer of Student Records Amendment)
Policy adopted: March 11, 1974
Policy
revised: February 23, 2004
STUDENTS
Student
Records;Confidentiality - Administrative Guidelines (1)
Definitions
As used
in these guidelines:
1. "Student
Record" means any item of information directly related to an identifiable
student, other than directory information, which is maintained by the
school district or required to be maintained by an employee in the performance
of his/her duties whether recorded by handwriting, print, computer media,
video or audio tape, film, microfilm and microfiche. Student records
include information relative to an individual student gathered within
or without the school system and maintained within the school district,
regardless of the physical form in which it is maintained. Any information
which is maintained for the purpose of review by a second party is considered
a student record.
"Student
record" shall not include informal notes related to a student compiled
by a school official or employee which remain in the sole possession
of the maker and are not accessible or revealed to any other person
except a substitute.
"Substitute"
means a person who performs the duties of the individual who made the
notes on a temporary basis, and does not refer to a person who permanently
succeeds the maker of notes in his or her position. Medical records
are not open to public inspection.
2. "Directory
information" means one or more of the following items: student's
name, address, telephone number, date and place of birth, photograph,
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
public or private school attended by the student.
3. "Parent"
means a natural parent, an adopted parent, or legal guardian or an individual
acting as a parent in the absence of a parent or guardian. If parents
are divorced or legally separated, both the parent granted custody and
the parent not granted custody have the legal right of access to the
academic, medical, hospital or other health records of the child, unless
a court order prohibits access.
Whenever
a student has attained eighteen (18) years or is attending an institution
of post secondary education, the permission or consent required of,
and the rights accorded to, the parents or guardian of the student shall
thereafter only be required of, and accorded to, the student, unless
parents of a student eighteen (18) years of age or older who is a dependent
as defined in Section 152 of the Internal Revenue Code of 1956.
4. "School
Official" means a person employed by the district as an administrator,
supervisor, instructor or support staff member, including health or
medical staff.
5. "Disclosure"
means 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.
6. "Personally
Identifiable Information" includes but is not limited to the students
name, the name of the student's parent or other family member, the address
of the student or student's family, a personal identifier such as the
student's social security number or student number, a photograph, a
list of personal characteristics or other information that would make
the student's identity easily traceable.
7. "Access"
means a personal inspection and review of a record or an accurate copy
of a record, an oral description or communication of a record or an
accurate copy of a record and a request to release a copy of any record.
8. "Student"
means a person who is or was enrolled in a school.
9. "Adult
student" means a person who is or was enrolled in school and who
is at least eighteen (18) years of age.
10. "Eligible
student" means a person sixteen (16) years or older or who has
completed Grade 10.
Types
of Records
The school
district shall maintain only the following three categories of records:
1. Mandatory
Permanent Student Records are those records which are maintained in
perpetuity and which schools have been directed to compile by statute,
regulation, or authorized administrative directive. Such records shall
include the following:
A. Legal
name of student
B. Date
of birth
C. Method
of verification of birth date
D. Sex
of student
E. Place
of birth
F. Name
and address of parent of minor student
(1)
Address of minor student if different than the above
(2) An annual verification of the name and address of the parent
and the residence of the student
G. Entering
and leaving date of each school year and for any summer session or
other extra session
H. Subjects
taken during each year, half-year, summer session, or quarter
I. If
marks or credit are given, the mark or number of credits toward graduation
allowed for work taken
J. Verification
or exemption from required immunizations
K. Date
of high school graduation or equivalent.
2. Mandatory
Interim Student records are those records which the schools are directed
to compile and maintain for stipulated periods of time and are then
destroyed as per statute, regulations, or an authorized administrative
directive such as the Manchester Board of Education Special Education
Manual. Such records include the following:
A. A
log or record shall be maintained for each student's record which
lists all persons, agencies or organizations requesting or receiving
information from the record, and the legitimate interests therefor.
Refer to Administrative Guideline #5125(0) access log #2 for exceptions.
B. Health
information, including Child Health Developmental Disabilities Prevention
Program verification or waiver.
C. Participation
in special education programs including required tests, case studies,
authorizations, and actions necessary to establish eligibility for
admission or discharge.
D. Language
training records.
E. Progress
slips and/or notices.
F. Parental
restrictions regarding access to directory information or related
stipulations.
G. Parent
or adult student rejoinders to challenged records and to disciplinary
action.
H. Parental
authorizations or prohibitions of student participation in specific
programs.
I. Results
of standardized tests administered within the preceding three years.
J. Participation
in the medical reimbursement program.
K. Records
of suspension and expulsions.
3. Permitted
Records are those records having clear importance only to the current
educational process of the student. Such records may include the following:
A. Objective
counselor and/or teacher ratings
B. Standardized
test results older than three years
C. Routine
discipline data
D. Verified
reports of relevant behavioral patterns and supplemental medical data
related to those patterns.
E. All
disciplinary notices
F. Documents
regarding school related issues such as truancy, critical incidences,
court and other referrals.
Maintenance and Security of Student Records
1. Custodian
of Records
A. Director
of Student Support Services is hereby designated as custodian of student
records. The address of the custodian is Director of Student Support
Services, 45 North School Street, Manchester, CT.
(1)
The custodian is charged with district wide responsibility for implementing
Board of Education policies and administrative regulations relating
to student records.
(2)
The custodian shall be responsible for security of student records
and shall devise procedures for assuring that access to such records
is limited to authorized persons.
(3)
The custodian of records or a designated certified employee shall
be responsible during the inspection for interpretation of the records
where necessary and for prevention of their alteration, damage or
loss.
B. In
each school, the Principal, or a certified employee designated by
the Principal, is responsible for implementation of Board of Education
policies and administrative regulations relating to student records
maintained in that school.
2. Files
A. A
record for each individual student shall be maintained in a central
file at the school attended by the student, or when records are maintained
in different locations, a notation shall be placed in the central
file indicating where such records may be found.
B. Student
records shall be stored in locked containers or rooms.
3. Information
A. All
anecdotal information and assessment reports maintained as student
records must be dated and signed by the individual who originated
the record. Each school Principal shall keep on file a record of enrollment
and scholarship for each student currently enrolled in that school.
Access
to Student Records
1a.
Parents
A. Parents
of currently enrolled or former students shall have an absolute right
during regular business hours to access to any and all student records
related to their children which are maintained by the district. Neither
the student record, nor any part thereof, shall be withheld or edited.
If the student records contain information on more than one student,
the parent may inspect and review or be informed of only the specific
information which pertains to that student.
B. A
parent or guardian's request for access to student records shall be
made in writing to the custodian of student records. Access shall
be granted no later than forty-five (45) days following the date of
the request.
C. A
requesting parent shall be notified of the location of all student
records, if not centrally located.
D. When
a parent's dominant language is not English, the district shall make
an effort to
(1)
provide interpretation of the student record in the dominant language
of the parent, or
(2) assist the parent in securing an interpreter.
1b.
Parents of disabled students
Parents
of a child eligible for receiving special education and/or related services
should consult the Manchester Board of Education. special education
procedure manual regarding parental inspection review and copy requests.
See Chapter 2 - confidentiality under sub section entitled parental
rights.
2. Parental
Consent
A. The
custodian of student records may permit access to student records
during regular school hours (a) to any person for whom a student's
parent has executed written consent specifying the records to be released
and identifying the party or class of parties to whom the records
may be released; or (b) to the student if he/she is an emancipated
minor, or has entered a post secondary educational institution.
B. The
recipient must be notified that the transmission of the information
to others without the written consent of the parent is prohibited.
C. The
consent notices shall be kept permanently with the student record.
D. Upon
request, the district shall provide the parent/eligible student with
a copy of the record which is disclosed. (34 CFR 9910, Rights of Inspection
and Review)
3. Without Parental Consent
A. No
person or agent shall be permitted access to student records without
written parental consent or under judicial order, except that access
to those particular records relevant to the legitimate educational
interests of the requester shall be permitted to the following:
(1)
Officials and employees of other public schools or school districts,
including local, county, or state correctional facilities where
educational programs leading to high school graduation are provided,
where the student intends to or is directed to enroll. A school
official has a legitimate educational interest if the official needs
to review an education record in order to fulfill his or her professional
responsibility.
(2)
Authorized representatives of the Comptroller General of the United
States, the Secretary of Education, an administrative head of an
education agency, state education officials, or their respective
designees, or the United States Office for Civil Rights where such
information is necessary to audit or evaluate a state or federally
supported education program or pursuant to a federal or state law;
provided that except when collection of personally identifiable
information is specifically authorized by federal law, any data
collected by such officials shall be protected in a manner which
will not permit the personal identification of students or their
parents by other than those officials, and such personally identifiable
data shall be destroyed when no longer needed for such audit, evaluation,
and enforcement of federal legal requirements.
(3)
Other state and local officials to the extent that such information
is specifically required to be reported pursuant to state law. (e.g.;
evidence related to suspected child abuse or other emergency situations
could authorize access by the Department of Children and Families
and/or law enforcement.)
(4)
Parents of a student eighteen (18) years of age or older who is
a dependent as defined in Section 152 of the Internal Revenue Code
of 1954.
(5)
A student sixteen (16) years of age or older having completed the
tenth grade who requests such access.
B. Information
from student records may be released to the following:
(1)
Appropriate persons in connection with an emergency if the knowledge
of such information is necessary to protect the health or safety
of other persons. The factors to be considered in determining whether
information may be disclosed include the seriousness of the threat
to the health or safety of the student or other individuals, the
need for the information to meet the emergency, whether the parties
to whom the information is disclosed are in a position to deal with
the emergency, and the extent to which time is of the essence in
dealing with the emergency. 34 CFR 99.36, Conditions for disclosure
of information in health and safety emergencies.
(2)
Agencies or organizations in connection with a student's application
form or receipt of financial aid, provided that information permitting
the personal identification of students or their parents may be
disclosed only as may be necessary for such purposes as to determine
the amount of the financial aid, to determine the conditions which
will be imposed regarding the financial aid, or to enforce the terms
or conditions of the financial aid.
(3)
Accrediting organizations in order to carry out their accrediting
functions.
(4)
Organizations conducting studies for or on behalf of educational
agencies or institutions for the purpose of developing, validating,
or administering predictive tests, administering student aid programs,
and improving instruction, if such studies are conducted in such
a manner as will not permit the personal identification of students
or their parents by persons other than representatives of such organizations
and such information will be destroyed when no longer needed for
the purpose for which it is conducted.
(5)
Officials and employees of private schools or school districts where
the student is enrolled or intends to enroll subject to the lawful
rights of parents, including notification.
C. No
person, persons, agency, or organization permitted access to student
records pursuant to this regulation shall permit access to any information
obtained from such records by any other person, persons, agency or
organization without the written consent of the student's parent;
provided, however, that this paragraph shall not be construed to require
prior parental consent when information obtained pursuant to this
regulation is shared with other persons within the district so long
as such persons have an equal legitimate interest in the information.
4. Court
Order
A. Information
concerning a student shall be furnished in compliance with a court
order.
(1)
Unless otherwise judicially instructed, the custodian shall, prior
to the disclosure of any student's records pursuant to a court order,
give the parent and the student three days notice, if lawfully possible,
within the requirements of the judicial order, of the name of the
requesting agency and the specific records requested. Such notice
shall be in writing if possible.
(2)
Only those records related to the specific purpose of the court
order shall be disclosed.
B. The
service of a subpoena upon a district employee or official solely
for the purpose of causing the employee to produce a school record
pertaining to any student may be complied with by such employee, in
lieu of personal appearance as witness in the proceeding, by submitting
to the court, or other agency issuing the subpoena, at the time and
place required by the subpoena, a copy of such record, accompanied
by an affidavit certifying that such copy is a true copy of the original
record on file in the school or school office. The copy of the record
shall be in the form of a photograph, microfilm, micro card, or miniature
photograph or other photographic copy or reproduction or an enlargement
thereof.
Nothing
in this regulation shall preclude the district from providing in its
discretion statistical data from which no student may be identified
to any public agency or entity or private nonprofit college, university,
or educational research and development organization when such actions
would be in the best educational interests of students.
If it
is determined, per the federal regulations, that a third party improperly
re-disclosed personally identifiable information from education records
in violation of 599.33(a), the district may not allow that third party
access to personally identifiable information from education records
for at least five years.
5. Disclosure
of Information in Health and Safety Emergencies
A. The
district may include in the education records of a student appropriate
information concerning 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.
B. Such
appropriate information concerning disciplinary action may be disclosed
to teachers and school officials in the district who have been determined
to have legitimate educational interests in the behavior of the student.
This must be strictly construed.
C. Such
appropriate information, concerning disciplinary action, may be disclosed
to teachers and school officials in other schools who have been determined
to have legitimate educational interests in the behavior of the student.
This must be strictly construed.
D. Pursuant
to C.G.S. 19a-581 through 19a-585, confidential information concerning
HIV status may not be released to anyone EXCEPT a health care provider
with a written release from the parents.
E. Pursuant
to board policy #6164 reflecting the requirements of CGS 10-154A certain
categories of information regarding alcohol or drug abuse acquired
through communication with a student need not be disclosed by faculty
(certified and non-certified) administrators and registered nurses.
6. Criteria
A. "School
officials and employees" as used in this regulation means district
employees and elected district officers.
B. The
following criteria shall be used in determining whether a "school
official or employee" has a "legitimate educational interest".
(1)
The employee has an instructional or supervisory responsibility
toward the student that, in order to be fulfilled, requires knowledge
of the contents of the student's records.
(2)
The employee has an administrative duty that requires information
contained in the student's records.
(3)
The school official is engaged in a disciplinary proceeding that
requires disclosure of all or part of the student's records in order
to come to a just conclusion.
Challenging Contents of Records
1. Following
an inspection and review of a student's records the parent or guardian
of the student or former student may challenge the content of any student
record.
A. The
parent or eligible student may file a written request with the Superintendent
of Schools to correct or remove any information recorded in the written
records concerning the parent's child which the parent alleges to
be:
(1)
Inaccurate, misleading or in violation of the student's rights of
privacy.
(2)
An unsubstantiated personal conclusion or inference.
(3)
A conclusion or inference outside of the observer's area of competence.
(4)
Not based on the personal observation of a named person with the
time and place of the observation noted.
B. Within
30 days of receipt of such request, the Superintendent or designee
shall meet with the parent or guardian and the certified employee
who recorded the information in question, if any, and if such employee
is presently employed by the school district.
C. The
information shall be corrected or removed if the Superintendent sustains
any or all of the allegations.
D. If
the Superintendent denies any or all of the allegations and refuses
to order the correction or the removal of the information, the parent
or guardian may, within 30 days of the refusal, appeal the decision
in writing to the Board of Education.
(1)
Within 30 days of receipt of such an appeal, the Board of Education
shall, in closed session with the parent or guardian and the certified
employee who recorded the information in question, if any, and if
such employee is presently employed by the district, determine whether
or not to sustain or deny the allegations. The decision of the Board
of Education shall be final.
(2)
If the Board of Education sustains any or all of the allegations,
it shall order the Superintendent to immediately correct or remove
and destroy the information from the student's written records.
(3).
Records of these administrative proceedings shall be maintained
in a confidential manner and shall be destroyed one year after the
decision of the Board of Education unless the parent or guardian
initiates legal proceedings relative to the disputed information
within the prescribed period.
E. If
the final decision of the Board of Education is unfavorable to the
parent or guardian, or if the parent or guardian accepts an unfavorable
decision by the Superintendent, the parent or guardian shall have
the right to submit a written statement of his/her objections to the
information. This statement shall become a part of the student's school
record until such time as the information objected to is corrected
or removed.
2. Hearing
Panel
A. Either
the Superintendent of Schools or the Board of Education may convene
a hearing panel composed of the following persons, provided the parent
has given written consent to release information from the relevant
student's records to the members of the panel so convened, to assist
in making determinations;
1.
The Principal of a public school other than the one at which the
record is on file.
2. A certified employee appointed by the parent or guardian.
3. A parent appointed by the Superintendent or by the Board of Education,
depending upon who convenes the panel.
B. The
persons appointed pursuant to the above paragraph, if possible, shall
not be acquainted with the student, his/her parent or guardian, or
the certified employee who recorded the information, except when the
parent or guardian appoints the person pursuant to paragraph a (2)
above.
C. The
Principal appointed to the hearing panel shall serve as Chairperson.
D. The
hearing panel shall, in closed session, hear the objections to the
information of the parent and the testimony of the certified employee
who recorded the information in question, if any, and if such employee
is currently employed by the school system.
(1)
The hearing panel shall be provided with verbatim copies of the
information which is the subject of the controversy.
(2) Written findings shall be made setting forth the facts and decisions
of the panel, and such findings shall be forwarded to the Superintendent
or the Board of Education, depending upon who convened the panel.
E. The
proceedings of the hearing shall not be disclosed or discussed by
panel members except in their official capacities.
3. Whenever
there is included in any student record information concerning any disciplinary
action taken by school system personnel in connection with the student,
the student's parent or guardian may include in such student's record
a written statement or response concerning the disciplinary action.
Directory
Information
1. The
following student information is declared to be directory information:
A. Name
B. Address
C. Telephone
number
D. Date
and place of birth
E. Photographs
F. Major field of study
G. Participation
in officially recognized activities and sports
H. Weight
and height of members of athletic teams
I. Dates
of attendance
J. Degrees
and awards received
K. Most
recent previous public or private school attended by the student
2. Directory
information may be released to the following:
A. Federal,
state and local governmental agencies
B. Representatives
of the news media, including but not limited to newspapers, magazines
and radio and television stations
C. Employers
or prospective employers
D. Nonprofit
youth organizations
3. Subject
to the provisions of C.G.S. 1 19(b11), high schools shall provide the
same directory information and on campus recruiting opportunities to
military recruiters as are offered to nonmilitary recruiters or commercial
concerns. (See policy #6190 Recruiters Access to Student Directory Information).
4. No information
may be released to a private profit making entity other than employers,
prospective employers and representatives of the news media.
5. The
names and addresses of students enrolled in grade 12 or who have terminated
enrollment prior to graduation may be provided, in accordance with the
terms of the law, to a private school or college cooperating under state
law.
6. The
custodian of records will normally limit or deny the release of specific
categories of directory information unless he/she determines that such
release is required by law or is in the best interests of students.
7. Notice
shall be given annually of the categories of information which the school
district plans to release and of the recipients.
A. The
school shall allow a reasonable period of time after such notice has
been given for a parent or guardian to inform the custodian of student
records that any or all of the information designated should not be
released without the parent's or guardian's prior consent.
B. No
directory information shall be released regarding any student when
a parent or guardian has notified the school that such information
shall not be released.
Access
Log
1. A log
or record shall be maintained for each student's record which lists
all persons, agencies, or organizations requesting or receiving information
from the record and the legitimate educational interests.
2. Such
listing need not include the following:
A. Parents
or students to whom access is granted.
B. Parties to whom directory information is released.
C. Parties for whom written consent has been executed by the parent
or guardian.
D. School officials or employees having a legitimate educational interest.
3. The
log or record shall be open to inspection only by a parent or guardian
and the custodian of student records, or the custodian's designee, and
to other school officials with legitimate interests in the records,
and to the Comptroller General of the United States, the Secretary of
the Office of Education, an administrative head of an education agency
as defined in 20 U.S.C. 1232g., and state educational authorities as
a means of auditing the school system's operations.
Fee
for Reproducing Records
1. A fee
based upon the actual cost of reproduction, handling and postage (if
any) shall be charged for furnishing copies of any student record.
2. The
custodian of student records annually shall recommend a fee schedule
for approval by the Board of Education.
3. No fee
shall
A. effectively
prevent the parents or guardians from exercising their right to inspect
and review student records.
B. be charged for searching or retrieving a student's record.
C. be made for furnishing
(1)
up to two transcripts of former student's records.
(2) up to two verifications of various records of former students.
Transfer
of Student Records
C. Whenever
a student transfers to another Connecticut public school district,
the following student records shall be forwarded upon request from
the other district:
D. The
student's Mandatory Permanent Student Record or a copy thereof. The
original or a copy shall be retained by this district.
E. The
student's entire Mandatory Interim Student Record. A copy or original
shall be retained by the district.
F. The
student's records shall be transferred to the new school district
no later than ten (10) days after receipt of such notification.
G. Whenever
a student transfers to a school district in another state or to a
private school, the district shall transfer the student's Mandatory
Permanent Student Record upon receipt of a written request.
H. Permitted
student records may be forwarded.
I. Student
records shall not be withheld from the requesting district because
of any charges or fees owed by the student or the student's parents
or guardian.
J. All
student records shall be updated prior to transfer.
K. Parent
Notification
A. If
a student's parent(s)/guardian(s) did not give authorization for the
transfer of such records, the district shall send notification of
the transfer to the parent(s)/Guardian(s) at the same time it transfers
the records.
L. If
the transfer is a within state transfer, the receiving school shall
notify the parents of the record transfer.
M. If the student transfers out of state, the custodian of student
records shall notify the parents or guardian at their last known address
of the rights accorded them. (34 C.F.R. 99.34 disclosure to other
agencies or institutions)
N. The
notification shall include a statement of the parent's or guardian's
right to review, challenge, and receive a copy of the student record,
if desired.
Retention
and Destruction of Student Records
3. No additions,
except routine updating, shall be made to a student's record after high
school graduation or permanent departure without the parent's or guardian's
prior consent for those students who have not reached the age of eighteen
years. Adult students may give consent for themselves.
4. The
guide to disposal of municipal records in Connecticut is found in Connecticut
General Statutes Section 7 109. For disposal of education records, see
Schedule V of "Records Retention Schedules 1982" (Revised
1983) published by the Public Records Administration, Connecticut State
Library, Hartford, Connecticut.
5. The
method of destruction shall assure that records are not available to
possible public inspection during the destruction process.
Subpoenaed
Records
If the
school is served with a subpoena issued by competent authority directing
the production of school or student records in connection with any court
proceeding, the school upon which such subpoena is served may deliver
such record, or at its option a copy thereof, to the clerk of such court.
Such clerk shall give a receipt for the same and shall be responsible
for the safekeeping of such records, not permitting the removal of such
records from the premises of the court. The clerk shall notify the school
to call for the subpoenaed record when it is no longer needed for use
in court.
Any such
record so delivered to the clerk of the court shall be sealed in an
envelope which shall indicate the name of the school or student, the
name of the attorney subpoenaing the same and the title of the case
referred to in the subpoena.
No such
record or copy shall be open to inspection by any person except upon
the order of a judge of the court concerned, and any such record or
copy shall at all times be subject to the order of such judge.
Any and
all parts of any such record or copy, if not otherwise inadmissible,
shall be admitted in evidence without any preliminary testimony, if
there is attached thereto the certification in affidavit form of the
person in charge of such record indicating that such record or copy
is the original record or copy thereof, made in the regular course of
such business to make such record and that it was the regular course
of such business to make such record at the time of the transactions,
occurrences or events recorded therein or within a reasonable time thereafter.
A subpoena
directing production of such school or student records shall be served
not less than eighteen (18) hours before the time for production, provided
such subpoena shall be valid if served less than eighteen (18) hours
before the time of production if written notice of intent to serve such
subpoena has been delivered to the person in charge of such records
not less than eighteen hours (18) nor more than two weeks before such
time for production.
Notification
of Parents
1. Parents
shall be notified in writing of their rights under this regulation
upon the date of the student's initial enrollment, and annually thereafter
of students current attendance at the same time as notice is issued.
The notice shall be in a form which reasonably notifies parents of
the availability of the following specific information:
A. The type of student records and information contained therein which
are directly related to students and maintained by the school system.
B. The
position of the person responsible for the maintenance of each type
of record.
C. The
location of the log or record required to be maintained.
D. The
criteria to be used by the school district in defining "school
officials and employees" and in determining "legitimate
educational interest."
E. The
policies of the school district for reviewing and expunging student
records, including the right to inspect and review the student's education
records within 45 days of the day the school district receives a request.
If circumstances effectively present the parent or eligible student
from exercising the right to inspect and review the student's education
records, the district shall provide a copy of the records requested
or make other arrangements for the inspection or review of the requested
records.
F. The
right of the parent or guardian to access (inspect and review) to
student records.
G. The
right to request the amendment of student education records that the
parent or eligible student believes are inaccurate or misleading .
H. The
procedures for challenging the content of student records.
I. The
policy that no fee will be charged for up to two copies of a record.
J. The
categories of information which the school district has designated
as directory information.
K. The
right of the parent to file a complaint with the United States Department
of Education concerning an alleged failure by the school system to
comply with the provisions of Section 438 of the Federal Education
Provisions Act (20 U.S.C.A. 1232g).
L. The
right of a parent or eligible student to a hearing regarding the request
for amendment of the record if denied by the district.
M. The
right to consent to disclosures of personally identifiable information
contained in the student education record, except to the extent that
FERPA authorizes disclosure without consent.
Legal
Reference: Connecticut General Statutes
1 19(b)(11) Access to public records. Exempt records.
7 109 Destruction of documents.
10 15b Access of parent or guardian to student's records.
10 94i Rights and liabilities of surrogate parents.
10 154a Professional communications between teacher or nurse and
student.
10 209 Records not to be public.
10 221b Boards of education to establish written uniform policy
re treatment of recruiters.
11-8a Retention, destruction and transfer of documents
11-8b Transfer or disposal of public records. State Library Board
to adopt regulations.
46b 56(e) Access to records of minors.
Public Act 00-220 - Transfer of Student Records Amendment
Connecticut Public Records Administration Schedule V - Disposition
of Education Records (Revised 1983).
Federal Family Educational Rights and Privacy Act of 1974 (section 438
of the General Education Act, as amended, added by section 513 of P.L.
93 568, codified at 20 U.S.C. 1232g.)
Connecticut
Public Records Administration Schedule V - Disposition of Educational
Records (Revised 1983)
FORM
#1
STUDENTS
Student
Records; Confidentiality
SAMPLE NOTIFICATION OF RIGHTS UNDER FERPA
MANCHESTER Public Schools
MANCHESTER , Connecticut
Dear Parent
or Student:
The Family
Educational Rights and Privacy Act (FERPA) affords parents and students
over 18 years of age ("eligible students") certain rights
with respect to the student's education records. They are:
1. The
right to inspect and review the student's education records within 45
days of the day the district receives a request for access.
Parents
or eligible students should submit to the school Principal (or appropriate
school official) a written request that identifies the record(s) they
wish to inspect. The Principal will make arrangements for access and
notify the parent or eligible student of the time and place where the
records may be inspected.
2. The
right to request the amendment of the student's education records that
the parent or eligible student believes are inaccurate or misleading.
Parents
or eligible students may ask school district to amend a record that
they believe is inaccurate or misleading. They should write the school
Principal, clearly identify the part of the record they want changed,
and specify why it is inaccurate or misleading.
If the
district decides not to amend the record as requested by the parent
or eligible student, the district will notify the parent or eligible
student of the decision and advise them of their right to a hearing
regarding the request for amendment. Additional information regarding
the hearing procedures will be provided to the parent or eligible student
when notified of the right to a hearing.
3. The
right to consent to disclosures of personally identifiable information
contained in the student's education records, except to the extent that
FERPA authorizes disclosure without consent.
One exception
which permits disclosure without consent is disclosure to school officials
with legitimate educational interests. A school official is a person
employed by the district as an administrator, supervisor, instructor,
or support staff member (including health or medical staff and law enforcement
unit personnel).
A school
official has a legitimate educational interest if the official needs
to review an education record in order to fulfill his or her professional
responsibility.
Upon request,
the district will disclose education records to officials of another
school district in which a student seeks or intends to enroll without
consent. The district will make a reasonable attempt to notify the student
of the records request.
4. The
right to file a complaint with the U.S. Department of Education concerning
alleged failures by the district to comply with the requirements of
FERPA. The name and address of the office that administers FERPA is:
Family
Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington DC 20202-4605
Note: The
school may want to include directory notice as required by FERPA regulations
with its annual notification of rights under FERPA.
5125
FORM
#2
STUDENTS
Student
Records; Confidentiality
MANCHESTER Public Schools
MANCHESTER , Connecticut
NOTIFICATION OF RELEASE OF STUDENT RECORDS
PURSUANT TO COURT ORDER OR SUBPOENA
TO: _________________________________________________________________________
Parent Student
____________________________________________________________________________
Address
The purpose
of this notice is to notify you that on _______________________________(date).
________________________________________
(school district) released the following
documents:
from your
child's (your own) student records :
pursuant
to a court order or subpoena, a copy of which is attached hereto.
DATED: ________________________
5125
FORM
#3
STUDENTS
Student
Records; Confidentiality
MANCHESTER Public Schools
MANCHESTER , Connecticut
APPLICATION TO REVIEW STUDENT'S RECORDS
AND CONSENT THERETO BY PARENT OR STUDENT
I, _____________________________________________________
have hereby
requested access to ____________________________________records for
the following
reasons:___________________________________________________________________________
Said records will not be made available to any other person or persons
without the specific written consent
of ________________________________________________________(Parent/Student)
DATED: ______________________________
CONSENT:
I__________________________hereby
consent that___________________________________________
have access
to my child(s) (to my) records with the understanding that such records
will not be released by
him/her to other persons without my further consent.
DATED: _________________________________
5125
FORM
#4
STUDENTS
Student
Records; Confidentiality
MANCHESTER Public Schools
MANCHESTER , Connecticut
APPLICATION TO REVIEW STUDENT'S RECORDS
BY PARTIES ENTITLED THERETO
WITHOUT CONSENT BY PARENT OR STUDENT
I, ________________________________________have hereby requested access
to
__________________________________________
records for the following reasons:
Said records
will not be made available to any other person or persons without specific
written
consent
of _____________________________________________________(Parent/Student)
DATED: _____________________________________
5125
FORM #5
MANCHESTER
PUBLIC SCHOOLS
WRITTEN PARENT CONSENT
FOR
TRANSFER
OF CONFIDENTIAL INFORMATION
______________________________
Date:
______________________________
______________________________
School Address
I hereby
request the Manchester Public Schools to release and/or receive the
following confidential information regarding my child:
Student's
Name Address
Telephone
# D.O.B. School
Receive Release Receive Release
Psychological
______ ______ Health _______ _______
Psychiatric ______ ______ I.E.P./PPT Minutes _______ _______
Educational
______ ______ Social Work _______ _______
Speech/Language
______ ______ Other _______ _______
Cumulative
______ ______
To/From_______________________________________________________________________________
Name Title
Address
Town State Zip Code
Signature
of Parent/Guardian Date
White: Confidential student file PPT:11
Yellow: Parent
Pink: Case Manager
5125
FORM #6
MANCHESTER PUBLIC SCHOOLS
HIPAA-Complaint Authorization for Release of Health Information
Patient/Student
Name:______________________________Date of Birth:________________I hereby
authorize_________________________________(insert health care provider
name, address and telephone #) to release my/my child's health information/records
for the purpose listed below to:____________________________ (insert
name of school official)__________________________ Manchester Public
Schools (insert name of school/school district)___________________________
(insert school address and telephone #)
Description:
1. Physical
Health Assessment and Immunization Record required by Connecticut General
Statutes (CGS) 10-206 (mandated health assessment for school entry,
grade 6, and grade 10 or 11); and CGS 10-204 (required immunizations
for school attendance).
2.
Purpose:
This
information will be used for the following purpose(s):
1. This
information is needed to ensure school entry and continued attendance
and to promote safety in the school setting for the student and the
school community.
2.
Authorization
This authorization
is valid for one calendar year. It will expire on ____________________(insert
date). I understand that I may revoke this authorization at any time
by submitting written notice of the withdrawal of my consent. I recognize
that these records, once received by the school district, may not be
protected by the HIPAA Privacy Rule, but will become education records
protected by Family Educational Rights and Privacy Act. I also understand
that if I refuse to sign, such refusal will not interfere with my child's
ability to obtain health care. Parent Signature Date Student Signature*
Date*If a minor student is authorized to consent to health care without
parental consent under federal or state law, only the student shall
sign this authorization form. In Connecticut, a competent minor, depending
on age, can consent to outpatient mental health care, alcohol and drug
abuse treatment, testing for HIV/AIDS, and reproductive health care
services.
Copies:
Parent or student* Physician or other health care provider releasing
the protected health information School official requesting/receiving
the protected health information Rev. 4/15/03
Developed collaboratively with: CT State Department of Education &
CT Chapter, American Academy of Pediatrics
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