Confidentiality
Bridging The Gap ...
Bridging The Gap ...
GENERAL INFORMATION
Are all schools required to comply with the law and regulations?
YES. Any public or private school that receives state education funds must comply all privacy acts.
What is confidentiality?
Confidentiality means protecting all personally identifiable date, information, and records collected, used, or kept by the school district
about student. Confidentially requirements also apply to discussions about a student and the student's record.
What is personally identifiable data or information?
Personally identifiable date or information includes:
 | Child or family names and address | |
| Student number or file number | |
| Descriptions that would make ease to identify the student | |
| Anything else that would make it easy to identify the student |
What is an educational record?
An educational record, which is sometimes called a "school record" or "permanent record", is anything that the district collects, uses,
photos, test results, etc. Data or information may be handwritten, drawn, or typed. It may also be a photograph, on audio or video, or
on computer disk - cd.
Does all the information in an educational record have to be kept in one place?
YES. At the principle's office.
ACCESS TO STUDENT RECORDS
Who may look at a student's school records?
Only parents and certain others have the right to look at or obtain a copy of a student's record without parental consent. The others
include:
| School staff listed on the district's current list of persons allowed access to student information, including student teachers, | |
| classroom aides, and teacher assistants. | ||
| Staff from state department of education on official business | |
| Another school district's staff when the student transfers. |
Do guardians, divorced or separated parents, foster parents, and surrogate parents have
the right to review and inspect a student's record?
Both parents have the legal right to see their child's record unless the school has been told a parent is not allowed because of some
under foster care, the foster parents have the right to review and inspect the school records of the child.
May a student review and inspect his or her own record?
A student is eligible to obtain access to his or her own records upon reaching the 18th birthday. The school district notifies parents at
least one year before the student's 18th birthday that the rights they have as a parent will transfer to their child on the child's 18th
birthday, unless the school district receives evidence that a court order or legal document proves the parent is the child's guardian or
representative in educational matters.
May employees of special education cooperatives providing services to students with
disabilities have access to student record information without prior parental consent?
Yes. Personnel employed or under contract to an educational cooperative who are working directly with students are considered
authorized school personnel and may obtain access to the records
of the students with whom they work.
May an individual (e. g., occupational, physical, or speech therapist) or employees of an
agency with whom the district contracts obtain access to student record information
without parental consent?
Yes. Professionals or employees of agencies under contract to the district who work with a student may obtain access the same as
school employees.
What kinds of information may be reviewed or inspected by parents?
Parents may see the following kinds of information that a school district might keep:
| personal and family information | |
| testing information | |
| medical, psychological, and anecdotal reports | |
| achievement and progress reports | |
| records of conferences with a student or parent | |
| copies of correspondence about the student | |
| other information that is helpful to the school in working with the student |
Is there any information the school does not have to disclose to parents?
The school does not have to disclose:
| teacher or counselor personal notes | |
| school security police records | |
| personnel records of school employees. |
Are test protocols considered part of a student record?
Test protocols include standardized test scoring forms; student answers, drawings, and verbal responses noted by the examiner, and
then it is considered part of the record.
Does a staff member have to accompany a parent who is inspecting a student's record?
No. School staff accompany a parent only if the parent requests someone to explain or interpret information in the student record.
Must a school give the parent original records?
A parent is entitled only to a copy of the student record.
What fees may a school charge for providing copies of student records to parents?
Schools may charge a reasonable fee, such as ten cents per page. However, a district may not charge a fee if charging a fee would
prevent the parent from exercising the right to inspect and review the record. The fee may not include the cost of locating and filing a
record.
Does the school district have to keep a list of who accesses a student's school record?
Yes. Each district keeps a record of access with each student's which includes the name of the party accessing the record, the date
the information was disclosed, and why the person was allowed to look at the record.
ACCESS OF THIRD PARTIES
What "directory" information may a school release to third parties without prior parental
consent?
A district may release the following information without prior consent: student name, address, telephone number, date and place of
birth, major field of study, dates of attendance, class, participation in officially recognized activities and sports, degrees, honors, and
awards, and post- high school plans. However, before the district releases this types of information it must give public notice that it
releases these types of information and it must inform parents that they have the right to request that this information not be released
without prior consent. This may be included in the district's annual public notice about confidentially.
May a school board's attorney have access to student records?
Yes, if the board's attorney is acting as an authorized agent of the district in connection with the enforcement of federal and state
education laws (e.g., in relation to legal proceedings such as a due process hearing).
May a district release student record information to the Department of Social Services
(DSS) in cases of suspected child abuse?
Yes. School personnel are required to report cases of suspected abuse to DSS and to disclose any information relevant to an
investigation of suspected abuse or neglect.
What should school personnel do when student records are subpoenaed?
School personnel must make a reasonable effort to notify the parent before complying with a lawfully issued subpoena or court order.
RELEASE OF RECORDS
What happens when a record is sent to another place?
When information is sent to others, the school district must list the people and agencies who receive the information and tell why the
record is needed to help with the education of the student.
AMENDING THE STUDENT RECORD
May a parent change a student's educational record?
When a parent believes that information in the child's record is inaccurate or misleading, the parent may ask the school district to
change the record. The school district then has fourteen days to decide what to do and notify the parent of its decision.
What can the parent do if the district decides not to change the record?
The parent may request a record amendment hearing. If a parent requests such a hearing on the child's record, the district will hold
one. The hearing is conducted by someone who does not have an interest in the outcome of the hearing. A decision is given in writing
no later than 14 days after the hearing. If the decision is that the district does not have to change the record, then the parent has the
right to put a statement in the record telling why s/he thinks the information is not right. This statement is kept as long as the
disagreed upon part is kept. If that part of the record is shown or sent to anyone, the statement is also included.
DESTRUCTION OF STUDENT RECORDS
What happens when the school district no longer needs a student's record?
The district notifies the parent when the student's record is no longer needed to provide educational services.
The district may choose to destroy the records at this time, if they are no longer needed for administrative purposes. The parent may
have a copy of the child's record before it is destroyed. However, the district may keep basic information about the student as long as
it is needed. This information includes student's name, address, telephone number, attendance record, classes attended, grade
level completed, and year completed. Also, after a student's record is longer needed to provide educational services to the student
and if the parent requests, the school will destroy the student's record. But, the district must remind the parent that this information
may be needed later for social security benefits or other reasons.
How long should a school district keep the records of students who have graduated or
otherwise left the district's jurisdiction?
The district may maintain records indefinitely. They may be destroyed five years after they are no longer needed to provide an
education to a student or to document compliance with state and federal program requirements. Parents or eligible students must be
notified in writing before records are destroyed.
| CONFIDENTIALITY and the Educational Records of Students with Disabilities Questions and Answers for School Stuff |