STUDENT RECORDS ACCESS
 
The board recognizes the importance of maintaining student records and preserving their confidentiality.  Student records containing personally identifiable information are kept confidential at collection, storage, disclosure and destruction stages.  The board secretary is the custodian of student records.  Student records may be maintained in the central administration office or administrative office of the student's attendance center.  Student is defined as an enrolled individual, PK-12 including children in school district sponsored child-care programs. 
 
Parents and eligible students will have access to the student's records during the regular business hours of the school district.  An eligible student is a student who has reached eighteen years of age or is attending an institution of postsecondary education at the post high school level.  Parents of an eligible student are provided access to the student records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code.  In that case, the parents may be provided access without the written permission of the student.  A representative of the parents or eligible student, who has received written permission from the parents or eligible student, may inspect and review a special education student's records.  Parents, other than parents of an eligible student, may be denied access to a student's records if the school district has a court order stating such or when the district has been advised under the appropriate laws that the parents may not access the student records.  Parents may inspect an instrument used for the purpose of collection of student personal information prior to the instrument’s use.
 
A student record may contain information on more than one student.  Parents will have the right to access the information relating to their student or to be informed of the information.  Eligible students will also have the right to access the information relating to themselves, or be informed of the information.
 
Parents and eligible students will have a right to access the student's records upon request without unnecessary delay and in no instance more than forty-five calendar days after the request is made.  Parents, an eligible student or an authorized representative of the parents will have the right to access the student's records prior to an Individualized Education Program (IEP) meeting or hearing.
 
Copies of student records will be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the student records.  Fees for copies of the records are waived if it would prevent the parents or student from accessing the records.  A fee may not be charged to search or retrieve information from student records. 
 
Upon the request of parents or an eligible student, the school district will provide an explanation and interpretation of the student records and a list of the types and locations of education records collected, maintained or used by the school district.
 
If the parents or an eligible student believes the information in the student records is inaccurate, misleading or violates the privacy or other rights of the student, the parents or an eligible student may request that the school district amend the student records.  The school district will decide whether to amend the student records within a reasonable time after receipt of the request.  If the school district determines an amendment is made to the student record, the school district will make the amendment and inform the parents or the eligible student of the decision in writing.
 
If the school district determines that amendment of the student's record is not appropriate, it will inform the parents or the eligible student of their right to a hearing before the hearing officer provided by the school district.
 
If the parents' and the eligible student's request to amend the student record is further denied following the hearing, the parents or the eligible student are informed that they have a right to place an explanatory letter in the student record commenting on the school district's decision or setting forth the reasoning for disagreeing with the school district.  Additions to the student's records will become a part of the student record and be maintained like other student records.  If the school district discloses the student records, the explanation by the parents will also be disclosed.
 
Student records may be disclosed in limited circumstances without parental or eligible student's written permission.  This disclosure is made on the condition that the student record will not be disclosed to a third party without the written permission of the parents or the eligible student.  This disclosure may be made to the following individuals or under the following circumstances:
 

• to school officials within the school district and AEA personnel whom the superintendent has determined to have a legitimate educational interest, including, but not limited to, board members, employees, school attorney, auditor, health professionals, and individuals serving on official school committees;
• to officials of another school district in which the student wishes to enroll, provided the other school district notifies the parents the student records are being sent and the parents have an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to new school districts;
• to the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local educational authorities;
• in connection with financial aid for which the student has applied or which the student has received if the information is necessary to receive the financial aid;
• to organizations conducting educational studies and the study does not release personally identifiable information;
• to accrediting organizations;
• to parents of a dependent student as defined in the Internal Revenue Code;
• to comply with a court order or judicially issued subpoena;
• [consistent with an interagency agreement between the school district and juvenile justice agencies]
• in connection with a health or safety emergency; or,
• as directory information.

 
The superintendent will keep a list of the individuals and their positions who are authorized to view a special education student's records without the permission of the parents or the eligible student.  Individuals not listed are not allowed access without parental or an eligible student's written permission.  This list must be current and available for public inspection and updated as changes occur.
 
The superintendent will also keep a list of individuals, agencies and organizations which have requested or obtained access to a student's records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records.  The superintendent, however, does not need to keep a list of the parents, authorized educational employees, officers and agencies of the school district who have accessed the student’s records.  This list for a student record may be accessed by the parents, the eligible student and the custodian of student records. 
 
Permanent student records, including a student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.  Permanent student records will be kept in a fire-safe vault.
 
When personally identifiable information, other than permanent student records, no longer needs to be maintained by the school district to provide educational services to a special education student, the parents or eligible student are notified.  This notice is normally given after a student graduates or otherwise leaves the school district.  If the parents or eligible student request that the personally identifiable information be destroyed, the school district will destroy the records.  Prior to the destruction of the records, the school district must inform the parents or eligible student the records may be needed by the parents or eligible student for social security benefits or other purposes. 
 
The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system.  The school district will enter into an interagency agreement with the juvenile justice agencies (agencies) involved.
 
The purpose of the agreement is to allow for the sharing of information prior to a student's adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.
 
The school district may share any information with the agencies contained in a student's permanent record, which is directly related to the juvenile justice system's ability to effectively serve the student.  Prior to adjudication information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order.  Information contained in a student's permanent record may be disclosed by the school district to the agencies after adjudication only with parental consent or a court order.  Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student's family or coordinating the delivery of programs and services to the student or student's family. 
 
Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian.
 
Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law.
 
Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian.  The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.
 
Agencies will contact the principal of the attendance center where the student is currently or was enrolled.  The principal will then forward copies of the records within 10 business days of the request.
 
The school district will provide training or instruction to employees about parents' and eligible students' rights under this policy.  Employees will also be informed about the procedures for carrying out this policy. 
It is the responsibility of the superintendent to annually notify parents and eligible students of their right to inspect and review the student's records.  The notice is given in a parents' or eligible student's native language.  Should the school district collect personal information from students for the purposes of marketing or selling that information, the school district will annually notify parents of such activity.
 
The notice will include a statement that the parents have a right to file a complaint alleging the school district failed to comply with this policy.  Complaints are forwarded to Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, Washington, DC. 20202-4605.
 
 
Legal Reference:           No Child Left Behind, Title IX, Sec. 9528, P.L.107-110 (2002).
USA Patriot Act, Sec. 507, P.L. 107-56. (2001).
20 U.S.C. § 1232g, 1415 (2010).
34 C.F.R. Pt. 99, 300, .610 et seq. (2010).
Iowa Code §§ 22; 279.9B, 280.24, .25, 622.10 (2011).
281 I.A.C. 12.3(4); 41; .610 et seq.
1980 Op. Att'y Gen. 720, 825.
 
           
Cross Reference:           501       Student Attendance
505       Student Scholastic Achievement
506       Student Records
507       Student Health and Well-Being
603.3    Special Education
708       Care, Maintenance and Disposal of School District Records
901       Public Examination of School District Records
 
 
Adopted:  November 11, 1985      
 
Reviewed:  November 18, 2002        
September, 2006                                        
December 17, 2012                       
 
Revised:  December 8, 1997
March 12, 2001
February 17, 2003
June 18, 2012
 
 
 

STUDENT DIRECTORY INFORMATION
 
Student directory information is designed to be used internally within the school district.  Directory information is defined in the annual notice.  It may include the student's name, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees and awards received, photograph and other likeness.  Student is defined as an enrolled individual, PK-12 including children in school district sponsored child-care programs. 
 
Prior to developing a student directory or to giving general information to the public, parents (including parents of students open enrolled out of the school district and parents of children home schooled in the school district) will be given notice annually of the intent to develop a directory or to give out general information and have the opportunity to deny the inclusion of their child's information in the directory or in the general information about the students.
 
It is the responsibility of the superintendent to provide notice and to determine the method of notice that will inform parents.
 
 
Legal Reference:           20 U.S.C. § 1232g (2010).
34 C.F.R. Pt. 99, 300.560 - .574 (2010).
Iowa Code § 22; 622.10 (2011).
281 I.A.C. 12.3(4); 41.123.
1980 Op. Att'y Gen. 720.
 
 
Cross Reference:           504       Student Activities
506       Student Records
901       Public Examination of School District Records
902.4    Live Broadcast or videotaping
 
Approved:  December 8, 1997
 
Reviewed:  November 18, 2002
January 20, 2003
September, 2006
December 17, 2012
 
Revised:  March 12, 2001
June 18, 2012

STUDENT PHOTOGRAPHS
 
The board will permit student "portrait" photographs to be taken on school premises by a commercial photographer as a service to the students and their families.
 
Parents will be notified prior to the taking of pictures by a commercial photographer for student "portraits."  In no case will students be required to have their picture taken or be pressured to purchase pictures.
 
Students or commercial photographers may take pictures of students upon consent for such things as the yearbook or student newspaper.
 
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding student photographs.
 
 
Legal Reference:           Iowa Code § 279.8 (2001).
1980 Op. Att'y Gen. 114.
 
Cross Reference:           506       Student Records
 
 
Adopted:  February 17, 2003                
 
Reviewed: September 2006             
December 17, 2012
 

STUDENT LIBRARY CIRCULATION RECORDS
 
Student library circulation records are designed to be used internally to assist in the orderly administration of the school district libraries and media center.  As a general rule, student library circulation records are considered confidential records and will not be released without parental consent.  Individuals who may access such records include a student's parents, the student, authorized licensed employees, authorized government officials from the U.S. Comptroller General, the Secretary of Education, the Commissioner and Director of the National Institute of Education, and the Assistant Secretary for Education and State Education Department.  Appropriate authorities in a health or safety emergency may access the student's library circulation records without the approval or the notification of the student's parents.  Parents may not access records, without the student's permission, of a student who has reached the age of majority or who is attending a post-secondary educational institution unless the student is considered a dependent for tax purposes.
 
It is the school librarian's responsibility, as the person maintaining the student library circulation records, to approve requests for access to student library circulation records.  Students' library circulation records may be accessed during the regular business hours of the school district.  If copies of documents are requested, a fee for such copying is charged.
 
It is the responsibility of the superintendent, in conjunction with the school librarian, to develop administrative regulations regarding this policy.
 
 
Legal Reference:           20 U.S.C. § 1232g (1994).
34 C.F.R. Pt. 99 (1999).
Iowa Code §§ 22; 622.10 (2001).
281 I.A.C. 12.3(6).
1980 Op. Att'y Gen. 720, 825.
 
 
Cross Reference:           506       Student Records
 
 
Adopted:  February 17, 2003                
 
Reviewed: September 2006             
December 17, 2012
 

SPECIAL EDUCATION RECORDS
 
Accurate special education records shall be maintained for all students attending Hartley-Melvin-Sanborn School district.  Records of a student shall be reasonably accessible to parents and/or legal guardian of that student or to the student if of legal age or older.  These records will be made available to parents without unnecessary delay and before any IEP meeting or hearing, and in no case more that 45 days after the request is made.  Students records shall remain confidential.
 
Procedures Relating to Confidential Records:
 
1.   Parents and eligible students are informed of their rights in regard to records through written materials given annually at review or if not in attendance through the mail.
 
2.   Cumulative and confidential records are maintained under the direction of the building administrator.
 
3.   No material disclosing personally identifiable information will be released without parent’s or illegible student’s consent and building administrator’s approval.
 
4.   A log shall be maintained to record verified disclosures, including the name of the party, date of access, and the purpose.
 
5.   A current access list shall be posted and maintained for public inspection.  This list shall include the names and positions of employees who may have access to personally identifiable information.
 
6.   Provide to parents, on request, a list of the types and locations of educational records collected, maintained or used.
 
 
Procedures Relating to Inspection of Student Records:
 
1.   All records shall be kept in a locked file.
 
2.   Personals not on the access list who wish to review files will be referred to the building administrator.
 
3.   If the building administrator is not available make every effort to contact or arrange for a time that the administrator can be there.
 
4.   If the administrator gives permission to proceed with review of records the following procedures must be followed:
            a.   Check for proper identification
            b.   Verify that permission has been granted by appropriate person (Parent, Student, etc.)
            c.   You personally sign in the viewer as signatures on the sign in sheet are confidential.
            d.   Provide a place for this person to review files (supervise if possible).
 
Procedures for Amending Student Records:
 
1.   The district will respond to request for explanations and interpretations of records.
 
2.   Parents may challenge information in the educational records.
 
3.   Parents or eligible students have the right to request amendment of records through a records hearing.  Records will be amended if they are found to be inaccurate, misleading, or violating the privacy or other rights of the child.
 
4.   Parents are allowed to place qualifying statements in the record (if the district decides not to amend the records) these statements will remain as part of the record.
 
 
Procedures for Destruction of Student Records:
 
1.   The district will inform parents when personally identifiable information is no longer needed to provide educational services to the child.  (Parents have a right to keep the material or destroy it.)
 
2.   The district will destroy this information at parents request, if it is no longer needed to provide educational services to the child.  (However, a permanent record of the student’s name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.)  Under 300.573, personally identifiable information may be destroyed.  In informing parents about their rights, the agency should remind them that the records may be needed by the child or parents for social security benefits or other purposes.
 
 
Previously Code No. 505.15
 
 
Adopted:  February 8, 1988                  
 
Reviewed:   March 1998                  
January 20, 2003
September 2006
December 17, 2012