Confidentiality & Student Records

The LEA will not permit access to any child’s records without written parental permission except as follows:
  • Local school officials and employees who have a legitimate educational interest including a school system where the child intends to enroll;
  • Certain state and federal officials for audit purposes;
  • To certain law enforcement agencies for purposes listed in Education Code and Federal law; and
  • A pupil 16 years of age or older, or having completed the 10th grade, who requests access to their own records.

    The LEA may release information from the student’s records for the following:

  • In cases of emergency when the knowledge of such information is necessary to protect the health or safety of the child and/or others;
  • To determine the child’s eligibility for financial aid;
  • To accrediting organizations to the extent necessary to their function;
  • In cooperation with organizations conducting studies and research that does not permit the personal identification of children or their parents by persons not connected with the research and provided that their personally identifiable information is destroyed when no longer needed;
  • To officials and employees of private schools or school systems in which the child is enrolled or intends to enroll.

Parents have a right to:

  • Receive notice regarding records in their native language on policies, procedures, and rights related to record keeping including the Family Educational Rights and Privacy Act of 1974 (FERPA).
  • Review records without unnecessary delay before a meeting or hearing, and receive copies of records within five (5) days of an oral or written request;
  • A response from the participating agency to reasonable requests for explanations and interpretations of the records;
  • Have a representative of the parent inspect and review the records;
  • A school district may charge no more than the actual cost of reproducing such records but only if such cost does not prevent the parent from exercising the right to receive the records.

An agency may charge a fee for copies of records which are made for parents if the fee does not prevent the parents from exercising their right to inspect and review these records. An agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable state laws. Each LEA keeps a record of parties who obtain access to education records collected, maintained, or used including the name of the party, the date access was given, and the purpose for which the party is authorized to see the records. If any education record includes information on more than one child, the parents of those children will have the right to inspect and review only the information relating to their child or to be informed of that specific information.

Amendment of Records at Parent Request
Parents have the right, on request, to receive a list of the types and locations of education records collected, maintained, or used by the agency. A parent or eligible child who believes that information in education records collected, maintained, or used is: 1) inaccurate; 2) an unsubstantiated personal conclusion or inference; 3) a conclusion or inference outside of the observer’s area of competence, 4) not based on personal observation of a named person with the time and place of the observation noted; 5) misleading; or 6) in violation of the privacy or other rights of the child, may request, in writing that the participating agency that maintains the information amend the record. The agency will decide whether to amend the record as requested within 30 days upon receipt of the request. If the agency decides to refuse to amend the record, they inform the parent of the refusal and of the right to a hearing. Under State law, a parent of a pupil may file a written request with the superintendent of the district to correct or remove any information in the written records that the parent alleges to be inaccurate. Within 30 days of receiving the written request, the district superintendent or designee meets with the parent and the employee who wrote the information. If the superintendent agrees with the parent, the records are corrected or the information in question is removed and destroyed. If the superintendent disagrees with the parent, the parent has 30 days to appeal the decision in writing to the local school board. Within 30 days, the school board meets with the parent and employee decides whether they agree or disagree with the parent.

The school board can order the superintendent to correct the records or remove and destroy the information in question. The decision of the school board is final. The records of the Governing Board proceedings shall be maintained in a confidential manner for one year after which they will be destroyed, unless the parent initiates legal proceedings within the prescribed period relative to the disputed information.

If, as a result of the hearing or meetings with district superintendent or local school board, the agency does not agree with the parent and decides that the information in the record falls within the six reasons listed above, it will inform the parent of the right to place in the child’s records a statement commenting on the record or explaining any reason they disagree with the decision of the agency. Any explanation is placed in the records of the child as long as the record or contested portion is maintained by the agency. If the records of the child or the contested portion is given by the agency to any party, the explanation must also be given to the party. If, as a result of the hearing, the agency agrees with the parent, they amend the record and inform the parent in writing.

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