8330 - STUDENT RECORDS

School Board of Alachua County

Bylaws & Policies

8330 - STUDENT RECORDS

In order to provide appropriate educational services and programming, the Board must collect, retain, and use information about individual students. Simultaneously, the Board recognizes the need to safeguard students' privacy and restrict access to students' personally identifiable information. All material in each permanent cumulative educational record shall be confidential, in accordance with the law and this policy.

Legal Name of Student

The name of the student as recorded on the birth certificate or other supporting evidence, as provided by law, will be used on all official records until such time as a final court order verifying a legal change is received. When a parent or guardian or any other person seeks to enroll a student under a name other than the legal name, or seeks to change the name of a student already enrolled, the parent or other person shall be informed of this policy.

Maintenance of Student Records

The Board is responsible for the records of all students who attend or have attended schools in this District. Only records mandated by the State or Federal government and necessary and relevant to the function of the School District or specifically permitted by this Board shall be compiled by District employees.

Each school shall maintain a permanent cumulative record for each student enrolled in the school which shall contain the data as prescribed by State Board of Education Rule F.A.C. 6A-1.0955. Each student's cumulative record shall include the following types of data:

Category A Records, Permanent Information

		1.	Student's full legal name.
		2.	Authenticated birthdate, place of birth, race, and sex.
		3.	Last known address of the student.
		4.	Name(s) of the student's parent(s) or guardian(s).
		5.	Name and location of last school attended.
		6.	Number of days present and absent, date enrolled, date withdrawn.
		7.	Courses taken and record of achievement, such as grades, credits, or certification of competence.
		8.	Date of graduation or date of program completion.

Category B Records, Temporary Information

		1.	Health information, family background data, standardized test scores, educational and vocational plans, honors and activities, work experience reports, teacher/counselor comments.
		2.	Reports of student services or exceptional student staffing committees including all information required by F.S. 1001.42.
		3.	Correspondence from community agencies or private professionals.
		4.	Driver education certificate.
		5.	A list of schools attended.
		6.	Written agreements of corrections, deletions, or expunctions as a result of meetings or hearings to amend educational records.
		7.	Such other records of educational importance as the school shall deem necessary.

Category A and B records shall be maintained in compliance with the approved District records retention schedule.

Periodic review for elimination of outdated information in student records by the custodian or designees shall be made in accordance with F.S. 1001.52, and the approved District records retention plan. Such review shall be made on a regular basis. The custodian of the student records shall be responsible for maintaining the accuracy of information. Records of expulsions, except final orders, will be expunged by the custodian of the record upon graduation of the student, unless an outstanding request to inspect and review the record has been made. Explanations placed in the education record and the record of access shall be maintained for as long as the education record to which it pertains is maintained. This procedure must be implemented before records are released to any vocational-technical centers, community colleges, or institutions of higher learning in which the student seeks or intends to enroll.

The following types of student records are maintained by the District:

Type of Record	Location	Custodian	Address

Active and inactive student records as specified in the current Student Records Manual for the District	Last school attended	Principal of last school attended	As shown in local directory

Inactive student cumulative records (Category A) as specified in the current Student Records Manual for the District	Central District office	Superintendent or designee	Student Records Department

Individual exceptional student education records as specified in the current Student Records Manual for the District	Last school attended	Principal of last school attended	As shown in the local directory

Individual student psychological records as specified in the current Student Records Manual for the District	Last school attended	Principal of last school attended	As shown in the local directory

Annual Written Notice

The Board will provide written notice once a year to inform parents and students of their rights under the law and this policy. The notice will be published in a newspaper of general circulation in Alachua County, will be included in student handbooks, and copies will also be available in the schools. An effort will be made to use alternate methods of notice to inform parents and adult students unable to comprehend a written notice in English.

Rights of Parents and Students

The parent of any student or the student who attends or has attended any school operated by the Board shall have the following rights with respect to any educational records created, maintained, and used by the Board. The school presumes that either parent has authority to exercise the rights of a parent under this policy unless the school has been provided with evidence that there is a legally binding instrument or court order governing such matters as divorce, separation, or custody which provides to the contrary.

Whenever a student has attained eighteen (18) years of age, the permission and consent required of and rights accorded to the parents of the student as to student records maintained by the District, shall thereafter be required of and accorded to the eligible student only, unless the eligible student is a dependent of his/her parents as defined in Title 26 U.S.C. Section 152 of the Internal Revenue Code of 1954. The School District may, in that instance, disclose personally identifiable information from the education records to the parents without the prior consent of the eligible student.

Whenever a student has enrolled in a postsecondary institution, regardless of age, the permission and consent required of and rights accorded to the parents of the student as to student records maintained by the postsecondary institution shall thereafter be required of and accorded to the eligible student only. However, if the student is not eighteen (18) years of age, then the permission and consent required of and rights as to the student records maintained by the District shall be retained by the parents.

A.	Right of Access

	The parent or student has the right, upon request:

	1.	to be provided with a list of the types of records and reports, directly related to students, as maintained by the school;

	2.	to be shown any record or report relating to the student that is maintained by the school;

		When the record or report includes information on more than one (1) student, the parent or student shall be entitled to receive or be informed of only that part of the record which pertains to the student who is the subject of the request.

	3.	upon a reasonable request, to receive an explanation or interpretation of any record;

	4.	to receive a copy of any list, record, or report for which access is requested.

		A fee of $0.15 per copy (one-sided) or $0.20 per copy (double-sided) shall be charged to cover the cost of copies. A school may in addition charge $1.00 per copy for a certified copy of a student record.

	The school will comply with a request for access within a reasonable period of time, but in no case more than thirty (30) days after its made.

B.	Right of Waiver of Access

	The parent or eligible student may waive their right to access or obtain confidential letters or statements of recommendation or evaluation. Such waiver shall be made in writing to the custodian of the records and shall be signed by the parent, guardian, or eligible student. Such waiver shall apply to recommendations or evaluation only if:

	1.	the parent, guardian, or eligible student is, upon request, notified of the names of all persons submitting confidential letters or statements; and

	2.	such recommendations or evaluations are used solely for the purpose for which they were specifically intended.

	The waiver of right of access may be revoked in writing with respect to actions occurring after the revocation. The school may not require any student or parent to waive the right of access.

C.	Right to Challenge and Hearing

	School officials shall provide requesting parents, guardians, or eligible students an opportunity for a hearing to challenge the content of their child's or the eligible student's school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

	1.	Any such request may be resolved through informal meetings or discussions between the parent, student, and appropriate school officials. If the parties at such a meeting agree to make corrections or deletions, to expunge material or to add a statement of explanation or rebuttal to the file, such agreement shall be reduced to writing, signed, and dated by the parent or student and appropriate school official. The agreement shall only indicate that the record has been corrected or expunged.

	2.	If the parties cannot reach an agreement, the parent or eligible student may request a hearing. The request for hearing shall be in writing to the Superintendent and shall state with particularity why the challenged information is believed to be inaccurate, misleading, or otherwise in violation of the rights of the student. The parties shall be given reasonable advance notice of the date, time, and place of the hearing. The hearing shall be conducted within a reasonable period of time, but in no case shall be held more than thirty (30) days from the date of the written request. The hearing shall be conducted by a District-level administrator of the school system who has no direct interest in the outcome of the hearing. The parent or student shall have a full and fair opportunity to present evidence on the issues raised and may be assisted or represented by an attorney or other individual of his/her choice, at his/her own expense.

	3.	The decision of the hearing officer shall be rendered in writing to all concerned parties within ten (10) school days after the conclusion of the hearing. The decision shall be based solely on the evidence presented at the hearing, and shall include a summary of the evidence and the reasons for the decision.

	4.	If the decision from the hearing is that the challenged information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the appropriate school officials shall take the necessary actions to implement the decision and shall so inform the parent in writing.

	5.	If the decision from the hearing is that the challenged information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the parent or student may place a statement in the education record to comment on the information in the record and state reasons for disagreeing with the decision. Any explanation placed in the records will be a part of the record as long as the record is maintained and if the challenged portion is disclosed to any party, the explanation must be disclosed also.

D.	Right of Privacy

	Every student has a right of privacy with respect to the educational records maintained by the Board. Student records shall be available only to students or their parents, eligible students, designated school officials and personnel, other persons as the parent or eligible student authorizes in writing, a court of competent jurisdiction, or other individuals or organizations as permitted by law.

Directory Information

The Board designates the following personally identifiable information contained in education records as "directory information":

	A.	student's name;
	B.	student's address;
	C.	student's telephone number, if it is a listed number;
	D.	major field of study;
	E.	date and place of birth;
	F.	dates of attendance;
	F.	participation in officially recognized activities and sports;
	G.	degrees and awards received;
	H.	weight/height of members of athletic teams;
	I.	date of graduation or program completion;
	J.	most recent previous educational agency or institution attended.

The school will presume that the telephone number is a listed number unless the parent or student notifies the school in writing that it is unlisted.

Directory information may be disclosed by the Superintendent for any purpose in his/her discretion, without consent of a parent or an eligible student.

Parents and students have the right to refuse to permit the designation of any or all of the above items as directory information. A parent or student who chooses to have any or all of the designated directory information not disclosed must file annual written notification at the school's office within thirty (30) calendar days after the beginning of school or within thirty (30) calendar days after admission, whichever is last. If such notification is given, the items of information listed above will not be disclosed except with the consent of a parent or student, or as otherwise provided by law. If such written notification is not given, the Board will assume that neither a parent of the student nor the student objects to the release of the designated directory information. (Form 8330 F1)

Release to U.S. Armed Forces Recruiters/Institutions of Higher Education

In accordance with Federal law, the District shall release upon request, the names and addresses of students to a recruiting officer for any branch of the United States Armed Forces and to an institution of higher education. Such data shall not be released if the eligible student or student's parent(s) submits a written request not to release such information. (Form 8330 F13)

Use of Student Education Records

A.	School Officials

	To carry out their responsibilities, school officials will have access to student education records for legitimate educational purposes. The following persons in this District are "school officials":

	1.	Board members and the Superintendent

	2.	instructional and administrative personnel as defined by Florida statutes

	3.	persons employed by the Board as temporary substitutes for administrative or instructional personnel

	4.	persons employed by or under contract to the Board to perform a special task such as a secretary, clerk, attorney, or auditor

B.	Legitimate Educational Interest

	School officials, without consent of parents, guardians, or eligible students have access to a student's record if they have a legitimate educational interest. A "legitimate educational interest" is the person's need to know in order to:

	1.	perform an administrative or clerical task required in the school official's position description approved by the Board;

	2.	perform a supervisory or instructional task directly related to the student's education; or

	3.	perform a service or benefit for the student or the student's family such as, but not limited to, health care, counseling, student job placement, or student financial aid.

	Support employees may be designated by the principal for the purpose of doing clerical work and maintaining student records.

C.	Emergency Disclosure

	A school official may make a needed disclosure from student education records in a health or safety emergency if:

	1.	the official deems it is warranted by the seriousness of the threat to the health or safety of the student or other persons;

	2.	the information is necessary to meet the emergency;

	3.	the persons to whom the information is to be disclosed are qualified and in a position to deal with the emergency; and

	4.	time is an important and limiting factor in dealing with the emergency.

D.	Release with Consent

	School officials may release information from a student's education record if the student's parent or the eligible student gives prior written consent for the disclosure.

	1.	Such consent must be dated and signed by the parent, guardian, or eligible student and shall include:

		a.	specification of the records to be disclosed;

		b.	the purpose of the disclosures; and

		c.	the party or class of parties to whom a disclosure is to be made.

	2.	Personally identifiable information will be disclosed only on the condition that the receiving party will not disclose the information to any other party without prior written consent of the eligible student or parent, as appropriate.

	3.	The school shall maintain a record of requests and disclosures of personally identifiable information from education records, except no such record is required when disclosure is:

		a.	to the student or parent;

		b.	based on written consent;

		c.	directory information; or

		d.	to other school officials with a legitimate educational interest.

		The record of requests shall contain the name of the party, the purpose for which the party is authorized to use the records and the date access was given.

E.	Release without Consent

	School officials may release personally identifiable records of a student to the following persons or organization without the consent of the parent or eligible student:

	1.	officials of schools, school systems, career centers, or public postsecondary educational institutions in which the student seeks or intends to enroll

	2.	other school officials, including teachers, who have legitimate educational interests in the information contained in the records

	3.	the United State Secretary of Education, the Director of the National Institute of Education, the Assistant Secretary for Education, the Comptroller General of the United States, or State or local educational authorities who are authorized to receive such information subject to the conditions set forth in applicable Federal statutes and regulations of the United State Department of Education or in applicable State statutes and rules of the State Board of Education

	4.	other school officials, in connection with the student's application for or receipt of financial aid

	5.	individuals or organizations conducting studies for an institution or board of education to develop, validate, or administer predictive tests or student aid programs, or to improve instruction

	6.	accrediting organizations in order to carry out accrediting functions

	7.	for use as evidence in student expulsion hearings

	8.	appropriate parties in connection with an emergency to protect the health or safety of the student or other individuals

	9.	the Auditor General and the Office of Program Policy Analysis and Government Accountability ("OPPAGA") in connection with their official functions

		However, except when the collection of personally identifiable information is specifically authorized by law, any data collected by the Auditor General and OPPAGA is confidential and exempt from F.S. 119.07(1). The personally identifiable data shall be protected in a way that does not permit the identification of students and their parents by anyone other than the Auditor General, OPPAGA, and their staff. The Auditor General's and OPPAGA's offices shall detroy the personally identifiable data when no longer needed for official use.

	10.	a court of competent jurisdiction or person in compliance with a court order or subpoena, on the condition that the parent or eligible student is notified of the order or subpoena in advance of compliance

	11.	credit bureaus in connection with student financial aid agreements

	12.	parties to an inter-agency agreement for the purpose of reducing truancy, suspensions, and juvenile crime; improving school safety; and supporting alternative education programs

	13.	consistent with the Family Educational Rights and Privacy Act, the Department of Children and Family Services or a community-based care lead agency acting on behalf of the Department of Children and Family Services, as appropriate.

Transfer of Student Records

When a student, previously enrolled in the District, transfers out of the District to another school, public or private, within this State or out of State, the principal, upon written request of the principal of the receiving school, the parent, guardian, or eligible student, shall immediately transfer a copy of the student's cumulative record containing Category A and B information to the requesting school. Pursuant to Federal law, disciplinary records with respect to suspension and expulsion shall be considered "other records of educational importance" and, as a Category B record, shall be transferred to the requesting school. The Board authorizes the administration to forward student records on request to a school or school district in which a student of this District seeks or intends to enroll, upon condition that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record. The school shall retain the original of Category A information in its files. Category B (Exceptional Student Education Audit File) originals will also be retained. Category B health and testing information shall be retained if it is related to a weighted or categorical program placement which is subject to audit. The files which are retained will be held by the principal who is custodian of the records for the period of time specified in the Student Records Manual. Category A student records and Category B (Exceptional Student Education Audit File) beyond the specified time after the student leaves the District will be forwarded to the Office of Student Records. When a request comes to the school for student records after the files have been sent to the Office of Student Records, the written request should be forwarded to the Office of Student Records. Based upon reasonable requests, viewers of educational records will receive explanation and interpretation of the records. The Office of Student Records will make copies of the student's files at the current established rate cost.

While all reasonable efforts shall be made to collect for damaged or lost library books or textbooks, under no conditions shall the transfer of a student's cumulative record be delayed or denied for failure to pay any fine or fee assessed by the school. Progress reports to parents (report cards) may not be withheld for failure to pay any fine, fee, or an assessment for lost or damaged books.

Security of Education Records

The school principal or designee is responsible for the privacy and security of all student records maintained in the school. The Superintendent is responsible for the privacy and security of student records that are not under the supervision of a school principal.

The Superintendent is authorized to use the microfilm process or electronic reproduction for the recording, filing, maintaining, and preserving of records, as authorized by law.

No liability shall attach to any member, officer, or employee of this District specifically as a consequence of permitting access or furnishing student records in accordance with this policy and procedures.

F.S. 1001.41, 1001.42, 1001.52, 1002.22, 1003.21, 1003.25
F.A.C. 6A-1.0955, 6A-1.9555
20 U.S.C. Section 1232f through 1232i (FERPA)
20 U.S.C. 7908
26 U.S.C. 152
20 U.S.C. 1400 et seq., Individuals with Disabilities Act
Privacy Rights of Parents and Students - P.L. 90-247