STUDENT RECORDS

Student Records (including collection, maintenance, and dissemination of pupil records) I. Purpose of Records The purpose of collecting data is to promote the educational progress of the pupil. II. Definitions A. Records Anything containing information directly related to a student which is maintained in writing or on film or tape for others to see or hear. Pri-vate notes and working notes, which are in the sole possession of the maker and not shared, are not a part of the pupil record and should not be filed therein. They should be kept secure by the author and destroyed periodically. School records are not public records and are restricted in their availability as set forth in this policy. There must be no anonymous entries in any part of the school record. B. Confidentiality 1. The privacy rights of parents and students to disclose or transmit any personal data to another third party, outside of the school system, without the prior con-sent of the parent or 18-year or older student except as stated in federal and state statutes are protected. 2. Student records are not defined as public records and any disclo-sure without prior consent consti-tutes an invasion of privacy. C. Agency 1. The word "agency" as used in state and federal regulations means local school districts. 2. "School system" in this policy means the Montville Public School District. D. Parent 1. The word parent as used in these regulations is defined as "par-ent(s), legal guardian, and a student who has attained the age of 18." 18 year old students are consid-ered adults, and there-fore, their right of access to records super-sedes the right of their parent(s) except when it can be shown that a handicapping condi-tion in the student is of such a nature as to render access meaningless or subject to serious misinterpretation. In such cases par-ent(s) shall have access to records. III. Data A. Collection of Data The responsibility of collecting pupil data rests with the building principal. S/he may designate that a teacher, nurse and/or guidance counselor be the actual person responsible for the collection of data. B. Classification of Data Category A includes official administrative records which constitute the mini-mal personal data necessary for the opera-tion of the educational system. Included are: Name, address, date of birth Name of parent or guardian, ad-dress, phone number Academic work and level of achievement, grades Attendance data Student activities and awards Educational and/or vocational interests Category A data is contained in the cumulative folder and permanent record. Category B includes verified information, supported by specific objective evidence, for the formulation of educational programs for all stu-dents. Data must be accurate, unam-biguous, and verified before becom-ing part of the record. Included are: Standardized group test scores Hearing evaluations Individual diagnostic reading test results Grade point average and rank in class Category B data is contained in the cumulative folder and permanent record. Category C includes verified information necessary for the formulation of prescriptive educational plans designed to meet the unique needs of selected students. Parents must give consent prior to the collection of such information. Category C infor-mation must be kept separated from Categories A and B records and must be destroyed as soon as its usefulness has ended. Included in this category are: Health records Reports of serious recurrent behavior pattern Referral to other professional staff iand outside the school system Planning and Placement Teamsummaries Current and past Individualized Education Programs (IEP's) School social work and counsel-ing summaries Correspondence and reports with other agencies Family case studies Evaluations completed outside the school system Any report of evaluation individ-ually administered and used for the purpose of determining whether a handicap-ping condition, as de-fined by state and federal regu-lations, exist; and the report of any such reevaluation used to maintain eligi-bility for spe-cial services. Directory Information relating to a student includes the following: the student's name, address, telephone listing, date and place of birth, major field of study, partic-ipation in officially recognized activi-ties and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previ-ous educational agency or institution attend-ed by the student. IV. Availability A. Parent These records are available to the par-ent, or upon written authorization by the par-ent to agencies or schools, attor-neys, et al. The parent has the right to view the record. Compliance with requests for review must be made with-in ten (10) school days of the request. A qualified staff mem-ber must be pres-ent to interpret the con-tents of the re-cord. When parents are separated or divorced, and one parent has been granted custody, by agreement or court order, then both natural parents have access rights to records. Such rights shall be extended to both natural parents until such time as the school is provided evidence, e.g. state law, or court order to the contrary. B. Staff Members have access, if they have been determined to have a legitimate educational interest. Generally, only staff members who are currently and directly involved in the student's educational program have access to a student's record. C. Custodian of Records The Director of Special Services is the chief custodian of records. S/he has the responsibility to assure the confidentiality of all records. Either the princi-pal or his designee in each school deter-mines appropriate person-nel with whom records can be shared. The superinten-dent and assis-tant superintendent have access to all of the student records. D. Courts The courts may obtain records by subpoena. Usually a subpoena is not need-ed since the parents sign a re-lease, particularly in juvenile court cases. E. Agencies Governmental agencies, e.g. CIA and FBI do not have access to the record nor to information derived from the record without written authorization by the client. F. Employers Prospective employers may obtain information only after a request has been received from the client. G. The school may release information to the following agencies, without the consent of the parent, under the circum-stances here described: 1. in connection with a student's application for, or receipt of finan-cial aid if the parent previously autho-rized release of records to a school; 2. state and local officials or authori-ties to which such information if specifi-cally required to be report-ed or dis-closed pursuant to state stat-ute adopt-ed prior to Novem-ber 19, 1974; 3. authorized representatives of (1) the Comptroller General of the United States, (2) the Secretary of Health, Education and Wel-fare, (3) the U.S. Commissioner, the Director of the National Institute of Educa-tion, or the Assistant Secretary for Education or (4) state educational authorities, under the following conditions. The school shall pro-vide such authorized representatives access to student or other records which may be necessary in connec-tion with the audit evaluation, or enforcement of federally supported education programs, but shall not permit such representatives to collect (take away with them) person-ally identifiable data unless specifically authorized to do so by federal law; 4. accrediting organizations in order to carry out their accrediting functions; 5. parents of a dependent student of such parents, as defined in Sec-tion 152 of the Internal Revenue Code of 1954; 6. subject to the regulations of the Sec-retary of Health, Education and Wel-fare in connection with an emergen-cy, appropriate persons if the knowl-edge of such information is necessary to protect the health or safety of the student or other per-sons. The factors to be taken into account in determin-ing whether personally identifiable information from the education re-cords of a student may be disclosed under this section shall include the following: a. the seriousness of the threat to the health or safety of the student or other individuals; b. the need for the information to meet the emer-gency; c. whether the parties to whom the information is disclosed are in a position to deal with the emergency; d. the extent to which time is of the es-sence in dealing with the emergency. Personally identifiable information contained in the student record other than the fact that the student is enrolled in school, must not be furnished, in any form (i.e., written, taped, person to person, statement over the tele-phone, etc.) to any persons other than those listed above or in the case of transfer to another public school system as listed below unless there is written consent from the parents, indication of records to be released, the reasons for such release, and to whom, and with a copy of the records to be re-leased to the student's parents and the stu-dent if desired by the parents. With respect to the preceding conditions set forth in this section, all persons, agencies or organizations desiring access to the records of a student shall be required to sign a written form to be kept with the education records of each student indicating specifically the legitimate educational or other interest that each person, agency or organization has in seeking this information. Such form should be available to parents and to school officials as means of auditing the operation of the system and should include the date, name of individual requesting access, disposition of the request, name of individual meeting with the parent and specific data disclosed. Furthermore, personal information shall only be transferred to a third party on the condi-tion 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. V. Procedures for the registration, editing, transferring, storage and destruction of information A. Registration and/or withdrawal 1. Parent authorizes school officials the use of information from the registration form. School officials can assume the principle of "informed consent" to release information contained on the registration form. 2. Parent authorizes school officials to request from previously at-tended school or send to future school, all pertinent records, including psychological reports, upon the registration of said pupil. B. Transfer-Intersystem - Transition from Elementary to Middle School and Middle School to High School 1. Before transmitting permanent record folders to the receiving school, the following materials shall be removed: a. Test booklets and answer sheets (record data except as noted in #2 below) b. Notes of excuses, permission slips, etc. c. Registration form (record data) d. All repetitious information and other information considered to be outdated. All these materials should be destroyed (preferably shredded) to insure privacy of the individual concerned. These above materials should be kept in the record when a trans-fer is effected between schools at the same level (elementary to ele-mentary). 2. Reading Cards Reading cards should be com-pleted and turned in to the read-ing supervisor at the next level. All helpful language arts infor-mation should be attached to the reading card. Example: S.R.A.: phonics survey cover sheets, or other read-ing diagnos-tic test scores. 3. Health Records Completed folder sent to nurse on next level. C. Transfer outside of Montville (includes graduates) 1. Elementary Level When a student transfers from the school district, upon condi-tion that a reasonable attempt has been made to notify the parent(s) and that the parent(s) receive a copy of the re-cord, if desired, and have the oppor-tunity for a hearing to challenge the content of the record, the complete educational record, including copies of Category "C" information will be sent upon request to the new school district. The original "C" folder will be maintained for 6 years after the student transfers and will then be destroyed as per Section XIII of this policy. The notice of policies and procedures described under Section XV of this policy constitutes the reasonable attempt to notify. The Montville Schools will keep on file the following information on a permanent enrollment card: a. Name of student b. Date of birth c. Dates of enrollment - date of entry - date of transfer d. Name of parents or legal guard-ian e. Old address f. New home address (if possible) g. Name and address of new school For purposes of duration (Sec-tion XIII) treat this permanent enrollment card as Category A information. 2. Middle School and High School When a student transfers from the school district, a photocopy of the permanent record, the complete cumulative folder, with health re-cords and a copy of the catego-ry "C" folder will be sent to the new school district upon request, and upon the condition listed above in #1. The original "C" folder will be maintained for 6 years after the student transfers and then will be destroyed as per Section XIII of this policy. Permanent records at the high school will be microfilmed for all gradu-ates, transfers, and dropouts. All photocopies will be forwarded to requesting agencies or colleges upon a signed release. Records should be shredded.   VI. Transcripts Transcripts shall contain only information about academic status. This includes grades received, rank in class, and standardized test scores. Disciplinary reports shall not be forwarded as part of a transcript. A request for a transcript from another institution may be honored without prior permission from the student if the request indicates that the student has made application to that institution. VII. Consultant Records Reports received from psychiatric, psychological and social worker consultants are available to parents if they are part of the educational records. The fact that they are stamped "confidential" or "privileged" does not shield them from scrutiny by the parent or his authorized agent. Reports which contain sensitive data, the disclosure of which could be damaging to the client or the professional's relationship to the client, shall be returned to the sender and no file copy retained. VIII. Security of Records All records on an individual should be maintained in a locked fireproof file. The custo-dian of the records will be responsible for each record. IX. Staff Awareness At least once each year, the principal of each school or his/her designee, will meet with all staff having access to personally identifiable information, to review confidentiality requirements as contained in this policy. Care should be taken to insure that new staff members receive this instruction at the beginning of their employment. X. Personnel Responsible for Records The custodian(s) of the records shall have the duty to review the files and to delete inaccu-rate information or information that is no longer useful, to maintain and preserve the confidentiality and security of student records, and to maintain a current list of names of those employees having access to personally identifiable data. S/he has the authority to deny or grant access to records according to the guidelines already outlined. XI. Appeals Procedure If a parent believes that data relating to his/her child is inaccurate or misleading or violates the privacy or other rights of the child, the parent has a right to request the school to make appropriate amendments. The request must be made to the custodian of the records. The custodian will then schedule a conference with the parent. The custodian of records shall within one week after a conference render to such student and his/her parents a decision in writing stating the reason or reasons for the decision. If the decision is in favor of the student and his/her parents, s/he shall promptly take such steps as may be necessary to put the decision into effect. If the custodian decides that an amendment of data in accordance with the request is not warranted, s/he shall inform the parent(s). The parent(s) may appeal, in writing, to the superintendent of schools. If the parents are aggrieved of the decision of the superintendent, they may appeal, in writing, to the Board of Education. A Board hearing will include the following elements: A. It will be held within 30 school days after the Board has received the request, unless the parents require a delay. The parents shall be given notice of the date, place, and time no less than one (1) school week prior to the hearing. B. The parents and the Board of Education shall have the right to be represented by a person of their choosing to cross-examine witnesses, to present evidence, to receive a tape or the minutes of the proceedings, and to receive a written decision within ten (10) days of the hearing. C. The decision reached through the hearing shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the rea-sons for the decision. D. Appeal from the decision of the local Board shall be to the Superior Court of the State of Connecticut in the district of residence of the student within thirty (30) days from the receipt (date of) of the written decision of the local Board of Education. If, as a result of appeal to the superintendent, or hearing by the Board, it is decided that data is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the data shall be amended and the parents will be informed in writing. If, as a result of the action at any stage of this appeal procedure up to the Board hearing, it is decided that data is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, and the parents do not wish to move an appeal to the next level, the parents and custodian may, with mutual consent, enter a statement of disagreement into the school record. If, as a result of the hearing, it is decided that the data is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall inform the parent(s) of their right to place in the records a state-ment setting forth the reasons for disagreement with the decision. A. Any explanation placed in the records of the child shall be maintained by the school as part of the records of the child as long as the record or contested portion thereof is maintained by the school. B. If the records of the child or the contested portion thereof is disclosed by the school to any eligible party, the statement of parental dis-agreement shall also be disclosed to said party. It shall be the responsibility of the school officials involved to prove the accuracy and/or appropriateness of the data under question. XII. Review of Records All A and B records shall be reviewed at least every three years while the student is in school and C records every year to determine the continued appropriateness of information con-tained therein. Reviews suggesting the need to modify or discontinue a specific intervention and/or prescriptive strategy necessitate the destruction of the appropriate custodian of records and in accordance with policies known to parents. XIII. Life Duration of Records Category A records shall be maintained by the school for at least fifty years. Category B and C records shall be destroyed after the data are no longer relevant for the provision of educational services to the child and, in no event, shall they be retained beyond six years following the student's graduation. Prior to such destruction, parents should be so notified and provided with an opportunity to copy said records. In cases where records leave the school prior to graduation, they shall be con-sidered a part of the class with which they would have graduated. This applies to the Category B and C records of students excluded from school. Exceptions may be made to the preceding procedures when valid cause for the retention of records can be demonstrated to the custodi-an of records. XIV. Fees No fee is charged for the first copy of each item in the records provided to the parent(s) or eligible student. Further copies will be at a cost per sheet, but not if doing so prevents the parent(s) or eligible student from exercising their rights to review and inspect. XV. Notice to Parents and Pupils The Board shall notify parents and eligible students, at least annually of the following. Parents of students and eligible students new to the school system will be notified of their rights upon entry. A. the types of education records maintained by the school which are directly related to the students, and who has access to them, and for what purpose, B. the name of the designated custodian of records and the procedures provided for access to records in that school, C. that one copy of each item of the records is available at no cost to the parents or guardian, after due attempt has been made to interpret these records to the parents; further copies will be at a cost per sheet but not if doing so prevents the parents or guardian from exercising their rights to review and inspect, D. that it forwards education records on request to a school in which a student seeks or intends to enroll, without prior written consent of the parent(s) or eligible student, E. that it designates the following as "directory information": 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 insti-tution attended by the student, F. that the parent(s) or eligible student may refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information, and that the parent(s) or student must inform the superintendent of schools in writing within fifteen (15) days of the publication of this notice that such personally identifiable information is not to be designated as directory information with respect to that student, G. that a copy of relevant state, federal, and local policies regarding student records is available at each school, H. the policies for reviewing and expunging records, I. the procedures for challenging the con-tents of the records, J. that at their request, the student's records may be retained permanently for the purposes of social security benefits. Policy 5125