AR 5125
Students
Student Records
Definitions
Student records are any items of information other
than directory information, gathered within or outside the district that are
directly related to an identifiable student and maintained by the district or
required to be maintained by an employee in the performance of his/her duties.
Any information maintained for the purpose of second-party review is considered
a student record. A student record may be recorded in handwriting, print,
computer media, video or audio tape, film, microfilm, microfiche or by other
means. Student records include the student's health record. (Education Code 49061, 49062; 5 CCR 430;
34 CFR 99.3)
Student records do not include: (Education Code 49061, 49062; 5 CCR 430;
34 CFR 99.3)
1. Informal
notes compiled by a school officer or employee which remain in the sole possession of the maker, are used only as a
personal memory aid, and are not accessible or revealed to any other person
except a substitute
2. Records
of the law enforcement unit of the district, subject to the provisions of 34
CFR 99.8
Mandatory permanent student records are those records
which are maintained in perpetuity and which schools have been directed to
compile by state law, regulation or administrative directive. (5 CCR 430)
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 in accordance with state law, regulation or
administrative directive. (5 CCR 430)
Permitted student records are those records having
clear importance only to the current educational process of the student. (5 CCR 430)
Access means a personal inspection and review of a
record, an accurate copy of a record or receipt of an accurate copy of a
record, an oral description or communication of a record, and a request to
release a copy of any record. (Education
Code 49061)
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.
Personally identifiable information includes but is
not limited to the student's name, the name of the student's parent/guardian 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, and
a list of personal characteristics or other information that would make the
student's identity easily traceable.
Adult student is a person who is or was enrolled in
school and who is at least 18 years of age.
Parent/guardian means a natural parent, an adopted
parent, or legal guardian. (Education
Code 49061)
School officials and employees are officials or
employees whose duties and responsibilities to the district, whether routine or
as a result of special circumstances, require that they have access to student
records.
A legitimate educational interest is one held by
officials or employees whose duties and responsibilities to the district,
whether routine or as a result of special circumstances, require that they have
access to student records.
County placing agency means the county social service
department or county probation department.
(Education Code 49061)
Changes to Student Records
No additions except routine updating shall be made to
a student's record after high school graduation or permanent departure without
prior consent of the parent/guardian or adult student. (5 CCR 437)
Only a parent/guardian having legal custody of the
student or an adult student may challenge the content of a record or offer a
written response to a record. (Education
Code 49061)
Retention and Destruction of Student Records
The following mandatory permanent student records
shall be kept indefinitely: (5 CCR 432,
437)
1. Legal
name of student
2. Date
and place of birth, and method of verifying birth date
3. Sex
of student
4. Name
and address of parent/guardian of minor student
a. Address of minor student if different
from the above
b. Annual verification of
parent/guardian's name and address and student's residence
5. Entrance
and departure date of each school year and for any summer session or other
extra session
6. Subjects
taken during each year, half-year, summer session or quarter, and marks or
credits given
7. Verification
of or exemption from required immunizations
8. Date
of high school graduation or equivalent
Mandatory interim student records, unless forwarded
to another district, shall be maintained subject to destruction during the
third school year following a determination that their usefulness has ceased or
the student has left the district. These records include: (Education Code 48918; 5 CCR 432, 437,
16027)
1. Expulsion
orders and the causes therefore
2. A log
identifying persons or agencies who request or receive
information from the student record
3. Health
information, including Child Health and Disability Prevention Program
verification or waiver
4. Information
on participation in special education programs, including required tests, case studies, authorizations,
and evidence of eligibility for admission
or discharge
5. Language
training records
6. Progress
slips/notices required by Education Code 49066 and 49067
7. Parental
restrictions/stipulations regarding access to directory information
8. Parent/guardian
or adult student rejoinders to challenged records and to disciplinary action
9. Parent/guardian
authorization or denial of student participation in specific programs
10. Results
of standardized tests administered within the past three years
Permitted student records may be destroyed six months
after the student completes or withdraws from the educational program,
including: (5 CCR 432, 437)
1. Objective
counselor/teacher ratings
2. Standardized
test results older than three years
3. Routine
disciplinary data
4. Verified
reports of relevant behavioral patterns
5. All
disciplinary notices
6. Supplementary
attendance records
Records shall be destroyed in a way that assures they
will not be available to possible public inspection in the process of
destruction. (5 CCR 437)
Persons with Access to Student Records
Persons, agencies or organizations specifically
granted access rights pursuant to law shall have access without written
parental consent or judicial order. In addition, parental consent is not
required when information is shared with other persons within educational
institutions, agencies or organizations obtaining access, as long as those
persons have a legitimate educational interest in the information. (Education Code 49076)
The following persons or agencies shall have absolute
access to any and all student records in accordance with law:
1. Parents/guardians
of students younger than age 18 (Education Code 49069)
Access
to student records and information shall not be denied to a parent because
he/she is not the child's custodial parent.
(Family Code 3025)
2. An adult
student age 18 or older or a student under the age of 18 who attends a
postsecondary institution, in which case the student alone shall exercise rights related to his/her student
records and grant consent for the release of records (34 CFR 99.5)
3. Those
so authorized in compliance with a court order or lawfully issued subpoena
(Education Code 49077)
In addition, the following persons or agencies shall
have access to those particular records that are relevant to the legitimate
educational interests of the requester:
(Education Code 49076)
1. Parents/guardians
of a dependent student age 18 or older
2. Students
16 or older or who have completed the 10th grade
3. School
officials and district employees
4. Members
of a school attendance review board, and any volunteer aide age 18 or older who
has been investigated, selected and trained by
such a board to provide follow-up services to a referred student
5. Officials
and employees of other public schools or school systems where the student
intends or is directed to enroll, including local, county or state correctional facilities where educational programs
leading to high school graduation are provided
6. Federal,
state and local officials, as needed for program audits or compliance with law
7. Any
district attorney who is participating in or conducting a truancy mediation
program or participating in the presentation of evidence in a truancy petition
8. A
prosecuting agency for consideration against a parent/guardian for failure to comply with compulsory education laws
9. Any
probation officer or district attorney for the purposes of conducting a
criminal investigation or an investigation in regards to declaring a person a ward of the court or
involving a violation of a condition of probation
10. Any
judge or probation officer for the purpose of conducting a truancy mediation program for a student, or for
purposes of presenting evidence in
a truancy petition pursuant to Welfare and Institutions Code 681
11. Any
county placing agency for the purpose of fulfilling educational case management
responsibilities required by the juvenile court or by law pursuant to Welfare and Institutions Code 16010 and to assist
with the school transfer or enrollment of a student
Foster family agencies with jurisdiction over
currently enrolled or former students may access those students' records of
grades and transcripts, and any individualized education program (IEP)
developed and maintained by the district with respect to such students. (Education Code 49069.3)
The Superintendent or designee may release a
student's immunization record information to local health departments operating
countywide immunization information and reminder systems and the State
Department of Health Services. The
following information may be released:
(Health and Safety Code 120440)
1. Name
of the student and the student's parent/guardian
2. Types
and dates of immunizations received
3. Manufacturer
and lot number of the immunization received
4. Adverse
reaction to the immunization
5. Other
non-medical information necessary to establish the student's unique identity
and record
6. Current
address and telephone number of the student and his/her parent/guardian
7. Student's
sex and place of birth
When authorized by law to assist law enforcement in
investigations of suspected kidnapping, the Superintendent or designee shall
provide information about the identity and location of the student as it
relates to the transfer of that student's records to another district or
private school within the state. The
information shall be released only to designated peace officers, federal
criminal investigators and federal law enforcement officers whose names have
been submitted in writing by their law enforcement agency. (Education Code 49076.5)
The Superintendent or designee may release
information from student records to the following: (Education Code 49076)
1. Appropriate
persons in an emergency if the health and safety of a student or other persons
are at stake
2. Accrediting
associations
3. Under
the conditions specified in Education Code 49076, organizations
conducting studies on behalf of educational institutions or for the purpose of developing, validating or
administering predictive tests, administering student aid programs or improving
instruction
4. Officials
and employees of private schools or school systems where the student is
enrolled or intends to enroll,
Persons, agencies or organizations not afforded access
rights pursuant to law may be granted access only through written permission of
the parent/guardian or adult student, or by judicial order. (Education Code 49075)
Only a parent/guardian having legal custody of the
student may consent to the release of records to others. Either parent may grant consent if both
parents notify the district, in writing, that such an agreement has been
made. (Education Code 49061)
Any person or agency granted access is prohibited
from releasing information to another person or agency without written
permission from the parent/guardian or adult student. (Education Code 49076)
Procedures for Access
Student records 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 other records may be found. Parents/guardians shall be notified of the
location of student records if not centrally located. (Education Code 49060; 5 CCR 433)
To inspect, review or obtain copies of student
records, authorized persons shall submit a request to the custodian of records.
Authorized persons from outside the school whose
access requires consent from the parent/guardian or adult student shall submit
their request, together with any required authorization, to the Superintendent
or designee or the custodian of records.
(5 CCR 435)
Within five days following the date of request, an
authorized person shall be granted access to inspect, review and obtain copies
of student records during regular school hours.
(Education Code 49069;
5 CCR 431)
Qualified certificated personnel shall be available
to interpret records when requested.
(Education Code 49069)
The custodian of records shall be responsible for the
security of student records and shall assure that access is limited to
authorized persons. (5 CCR 433)
The custodian of records or the Superintendent or
designee shall prevent the alteration, damage or loss of records during
inspection. (5 CCR 435)
Prior to disclosing a record pursuant to a court
order, the Superintendent or designee shall, unless otherwise instructed by the
order, give the parent/guardian or adult student at least three days' notice of
the name of the requesting agency and the specific record requested if lawfully
possible within the requirements of the judicial order. (5 CCR 435)
When the district discloses personally identifiable
information to officials of another school, school system or postsecondary
institution where the student seeks or intends to enroll, the Superintendent or
designee shall make a reasonable attempt to notify the parent/guardian or adult
student at his/her last known address, provide a copy of the record that was
disclosed, and give him/her an opportunity for a hearing to challenge the
record. (34 CFR 99.34)
Upon releasing student information to a judge or
probation officer for the purpose of conducting a truancy mediation program or
presenting evidence in a truancy petition, the Superintendent or designee shall
inform, or provide written notification to, the student's parent/guardian
within 24 hours. (Education Code 49076)
If the district is planning to release a student's
immunization information to the county health department or state Department of
Health Services, the Superintendent or designee shall inform the student's
parents/guardians of the following:
(Health and Safety Code 120440)
1. The
type of information that will be shared
2. The
name and address of the agency with which the district will share the
information
3. That
any shared information shall be treated as confidential and shall be used to
share only with each other and, upon request, with health care providers, child care facilities, family child
care homes, service providers for the Women, Infants and Children (WIC) food program, county welfare departments, and
health care plans
4. That
the information may be used only to provide immunization service; to provide or
facilitate third-party payer payments for immunizations;
to compile and disseminate statistical information on immunization status on
groups of people, without identifying the student
5. That
the parent/guardian has the right to examine any immunization-related
information shared in this manner and to correct any errors
6. That
the parent/guardian may refuse to allow this information to be shared
Duplication of Student Records
To provide copies of any student record, the district
shall charge a reasonable fee not to exceed the actual cost of furnishing the
copies. No charge shall be made for providing up to two transcripts or up to
two verifications of various records for any former student. No charge shall be
made to locate or retrieve any student record (Education Code 49065)
The Superintendent or designee shall set a fee and
update the amount periodically if actual costs change.
Access Log
A log shall be maintained for each student's record,
which lists all persons, agencies or organizations requesting or receiving
information from the records and the legitimate educational interest of the
requester. (Education Code 49064)
In every instance of inspection by persons who do not
have assigned educational responsibility, the school custodian of records shall
make an entry in the log indicating the record inspected, the name of the
person granted access, the reason access was granted, and the time and
circumstances of inspection. (5 CCR 435)
The log does not need to record access by: (Education Code 49064)
1. Parents/guardians
or adult students
2. Students
16 years of age or older who have completed the 10th grade
3. Parties
obtaining district-approved directory information
4. Parties
who provide written parental consent, in which case the consent notice shall be
filed with the record pursuant to Education Code 49075
5. School
officials or employees who have a legitimate educational interest
The log shall be accessible only to the
parent/guardian, adult student, dependent adult student, student
age 16 years or older or who has completed the 10th grade, custodian of
records, and certain state/federal officials.
(Education Code 49064;
5 CCR 432)
Transfer of Student Records
If a student transfers into this district from any
other school district or a private school, the Superintendent or designee shall
inform the parent/guardian of his/her rights regarding student records,
including the right to review, challenge and receive a copy of student records. (Education Code 49068; 5 CCR 438)
When a student transfers into this district from
another, the Superintendent or designee shall request that the student's
previous district provide any records, either maintained by that district in
the ordinary course of business or received from a law enforcement agency,
regarding acts committed by the transferring student that resulted in his/her
suspension or expulsion. (Education Code
48201)
When a student transfers from this district to
another school district or to a private school, the Superintendent or designee
shall forward a copy of the student's mandatory permanent record as requested
by the other district or private school.
The original record or a copy shall be retained permanently by this
district. If the transfer is to another
Upon receiving a request from a county placing agency
to transfer a student in foster care out of a district school, the
Superintendent or designee shall transfer the student's records to the next
educational placement within two business days.
(Education Code 49069.5)
All student records shall be updated before they are
transferred. (5 CCR 438)
Student records shall not be withheld from the
requesting district because of any charges or fees owed by the student or
parent/guardian. (5 CCR 438)
If the district is withholding grades, diploma or
transcripts from the student because of his/her damage or loss of school
property, this information shall be sent to the requesting district along with
the student's records.
Notification of Parents/Guardians
Upon students' initial enrollment and at the beginning
of each year thereafter, the Superintendent or designee shall notify
parents/guardians and eligible students, in writing, of their rights related to
student records. Insofar as practicable, the district shall provide these
notices in the student's home language and shall effectively notify
parents/guardians or eligible students who are disabled. (Education Code 49063; 34 CFR 99.7)
The notice shall include information about: (Education Code 49063; 34 CFR 99.7, 99.34)
1. The
types of student records kept by the district and the information contained
therein
2. The
titles of the officials responsible for maintaining each type of record
3. The
location of the log identifying those who request information from the records
4. District
criteria for defining "school officials and employees" and for
determining "legitimate educational interest"
5. District
policies for reviewing and expunging student records
6. The
right to inspect and review student records, and the procedures for doing so
7. The
right to challenge and the procedures for challenging the content of a student
record that the parent/guardian or student believes to be inaccurate, misleading or otherwise in violation of the
student's privacy rights
8. The
cost, if any, charged for duplicating copies of records
9. The
categories of information defined as directory information pursuant to
Education Code 49073
10. The
right to consent to disclosures of personally identifiable information
contained in the student's records except when disclosure without consent is authorized by law
11. The
availability of the curriculum prospectus developed pursuant to Education Code 49091.14 containing the
titles, descriptions and instructional
aims of every course offered by the school
12. Any
other rights and requirements set forth in Education Code 49060-49078, and the right
of parents/guardians to file a complaint with the
United States Department of Health, Education, and Welfare concerning an
alleged failure by the district to comply with 20 USC 1232g
13. The notification
shall also include a statement that the district forwards education records to
other agencies or institutions that have requested
the records and in which the student seeks or intends to enroll.
Adopted:
Revised: