|The School Board of Miami-Dade County|
|Bylaws & Policies|
|Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.|
8330 - STUDENT RECORDS
In order to provide appropriate educational services and programming, the School Board has the authority to create student educational records and is responsible for maintaining, reviewing for accuracy, and restricting access to the records. Continued efforts will be made to protect the accuracy and privacy of the information contained in student educational records.
Maintenance of Student Records
Only records mandated by the State or Federal government and necessary and relevant to the function of the District or specifically permitted by this Board shall be compiled by District employees. The Superintendent is authorized to develop and issue directives pertaining to student records.
Each school shall maintain a permanent cumulative record for each student enrolled in the school which shall contain the data as prescribed by Administrative Rule F.A.C. 6A-1.0955 and this policy. Each student's cumulative record shall include the following types of data:
|A.||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|6.||Number of days present and absent, date enrolled, date withdrawn.|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, including a statement of diploma, that is, standard, special, certificate of completion, or General Equivalency Diploma.|
|9.||State and/or District standardized assessment/achievement test results, if required for graduation.|
|10.||Written records of access to the student's records.|
|11.||Home language survey.|
|B.||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.||Written requests to waive access to confidential records.|
|8.||Written requests to restrict the release of directory information.|
|9.||Court orders of relevance.|
|10.||Records of major student discipline actions, suspension, and/or expulsion records.|
|11.||Student Limited English Proficiency (LEP) Plans.|
|12.||Grade Change Forms|
|13.||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 which is made available to all schools and appropriate worksites by the Districtís Department of Records and Forms Management.
Individual exceptional student records shall be kept separate from regular cumulative records. These records shall be sent to each succeeding school the student attends in the District and shall be maintained in accordance with the approved District records retention plan.
No report or record relative to a student which includes a copy of the student's fingerprints will be maintained by the District.
The Superintendent will be responsible for the privacy and security of records that are not under the supervision of the school principal.
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 administration is authorized to forward all Category A and B student records, including disciplinary records with respect to any current suspension and expulsion, upon request to a school or school district in which a student of this District is enrolled, seeks or intends to enroll, or is instructed to enroll, on a full-time or part-time basis, 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 a copy of the Category A and B information in its files. 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 Educational Records Manual. Category A and Category B student records retained beyond the specified time after the student leaves the District will be forwarded to Records Management. When a request comes to the school for student records after the files have been sent to Records Management, the written request should be forwarded to Records Management. Based upon reasonable requests, parents or eligible students will receive explanation and interpretation of the records. Records Management 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 also not be withheld for failure to pay any fine, fee, or an assessment for lost or damaged books.
Periodic Review of Records
A periodic review of student records by the custodian or designee shall be made in accordance with F.S. 1001.52. The custodian of the student records shall be responsible for maintaining the accuracy of information.
The custodian of the records is responsible for amending materials in the studentís records he/she believes is inaccurate, misleading, or otherwise in violation in the privacy of other rights of the student.
Student records scheduled for disposition/destruction in accordance with the procedures specified in the current Student Educational Records Manual will be forwarded to Records Management.
Active and inactive student records as specified in the current Student Educational 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 Educational Records Manual for the District
Central District office
Superintendent or designee
Individual exceptional student education records as specified in the current Student Educational Records Manual for the District
Last school attended
Principal of last school attended
As shown in local directory
Access to Student Records
The rights of parents and eligible students with respect to education records created, maintained, or used by the District must be protected according to FERPA and its implementing regulations. Parents and eligible students have the right to access education records, including the right to inspect and review those records, and have the right to waive their access to their education records in certain circumstances.
The term "parents" includes legal guardians or other persons standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child). The term "eligible student" refers to students who are eighteen (18) years of age or older, or who are enrolled in a postsecondary institution, regardless of age.
The custodian of the student record shall permit the eligible student or the parents or guardians of the student who is or has been in attendance in the District to inspect and review the education records of the eligible student or student. Provisions for such inspection and review shall be made within a reasonable period of time of the request, but in no case shall be more than thirty (30) days after the request has been made.
The District presumes that the eligible student or either parent of the student has the right to inspect, review, and receive copies of the education records of the student or eligible student unless the Board, its staff, or the individual school has been provided a legally binding instrument or court order that expressly revokes those rights.
When records are opened to parents, guardians, or eligible students, schools shall make available a member of the professional staff to interpret the record and shall provide copies, at the current District copy rate, upon request. Testing materials will not be copied. The copy rate will include actual reproduction costs and will not include the labor costs for retrieval.
Parents, guardians, and eligible students may waive their right of access to confidential letters or statements of recommendations 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:
|A.||the parent, guardian, or eligible student is, upon request, notified of the names of all persons submitting confidential letters or statements; and|
|B.||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.
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 District may, in this 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.
Disclosure of Student Record Information
|A.||Prior Written Consent|
|1.||Prior written consent of the parent, guardian, or eligible student shall be obtained prior to disclosing personally identifiable student information. The written consent shall include: signature of the parent, guardian, or eligible student; date; specification of records or information to be disclosed; purpose of the disclosure; and the party or class of parties to whom a disclosure is to be made.|
|2.||Personally identifiable student information which is disclosed to an institution, agency, or organization may be used by its officers, employees, and agents, but only for the purpose for which the disclosure was made. Whenever parental consent is required for the inspection and/or release of a student's health or educational records, either parent may provide such consent unless agreed to otherwise in writing by both parents or specifically stated by court order.|
|3.||If the student is under the guardianship of an institution, the Superintendent shall appoint a person who has no conflicting interest to provide such written consent.|
|B.||Without Prior Written Consent|
|Personally identifiable records or reports of a student may be released to the following persons or organizations without the prior written consent of the student or the student's parent or guardian:|
|1.||Officials of schools, school systems, career centers, or public postsecondary educational institutions in which the student seeks or intends to enroll; and a copy of such records or reports shall be furnished to the parent or student upon request.|
|2.||Other school officials, and teachers within the educational institution or agency, who have legitimate educational interests in the information contained in the records. The Superintendent may designate "other school officials" not directly employed by the School Board through inter-agency agreements that are created in support of legitimate educational interests and contain the pertinent requirements of this rule. Such agreements shall specify that the designated agency may not disclose the information to any other party without the prior consent of the parent or eligible student and may use the information only for the purposes for which the disclosure was made. However, the designated agency may make further disclosures of the information on behalf of the School Board if the disclosure meets the other requirements of this rule. Support employees may be designated by the principal for the purpose of doing clerical work and maintaining student records. However, such persons shall receive in-service training concerning the confidentiality of student records and work under the supervision and control of an administrative staff member.|
|3.||The United States 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 States Department of Education, or in applicable State statutes and rules of the State Board of Education.|
|4.||Other school officials, in connection with a student's application for or receipt of financial aid.|
|5.||Individuals or organizations conducting studies for or on behalf of an institution or a board of education for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction, if the studies are conducted in a manner that does not permit the personal identification of students and their parents by persons other than representatives of such organizations and if the information will be destroyed when no longer needed for the purpose of conducting such studies.|
|6.||Accrediting organizations, in order to carry out their accrediting functions.|
|7.||School Readiness Coalitions and the Florida Partnership for School Readiness in order to carry out their assigned duties.|
|8.||For use as evidence in student expulsion hearings conducted by a district school board under F.S. Chapter 120; however, public records of expulsion hearings shall not contain any personally identifiable information.|
|9.||Appropriate parties in connection with an emergency, if knowledge of the information in the student's educational records is necessary to protect the health or safety of the student or other individuals. Within a reasonable time after the disclosure, the District must record the following information in the studentís education records when it discloses personally identifiable information from education records under the health or safety emergency exception:|
|a.||The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and|
|b.||The parties to whom the agency or institution disclosed the information.|
|10||The Auditor General and the Office of Program Policy Analysis and Government Accountability 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 the Office of Program Policy Analysis and Government Accountability is confidential and exempt from F.S. 119.07 (1) and shall be protected in a way that does not permit the personal identification of students and their parents by other than the Auditor General, the Office of Program Policy Analysis and Government Accountability, and their staff, and the personally identifiable data shall be destroyed when no longer needed for the Auditor General's and the Office of Program Policy Analysis and Government Accountability's official use.|
|11.||A court of competent jurisdiction in compliance with an order of that court or the attorney of record in accordance with a lawfully issued subpoena, upon the condition that the parent or eligible student is notified by the custodian of the record of the order or subpoena in advance of compliance.|
|A person or entity in accordance with a court of competent jurisdiction in compliance with an order of that court or the attorney of record pursuant to a lawfully issued subpoena, upon the condition that the student, or his/her parent if the student is either a minor and not attending a postsecondary educational institution or a dependent of such parent as defined in 26 U.S.C. 152 (section 152 of the Internal Revenue Code of 1954), is notified of the order or subpoena in advance of compliance therewith by the educational institution or agency.|
|If the custodian of the record is unable to notify the parent or eligible student prior to time of compliance, s/he shall bring to the courtís attention the provision of the Family Educational Rights and Privacy Act of 1974 and comply with the courtís instructions.|
|If it is a subpoena issued for a law enforcement purpose in which the court or other issuing agency orders the educational agency or institution not to disclose the existence or contents of the subpoena or any information furnished in response to the subpoena, the school shall comply with the subpoena without giving notice to the parent.|
|12.||Credit bureaus, in connection with an agreement for financial aid that the student has executed, if the information is disclosed only to the extent necessary to enforce the terms or conditions of the financial aid agreement. Credit bureaus shall not release any information obtained under this paragraph to any person.|
|13.||Parties to an interagency agreement among the Department of Juvenile Justice, school and law enforcement authorities, and other signatory agencies for the purpose of reducing juvenile crime and especially motor vehicle theft by promoting cooperation and collaboration, and the sharing of appropriate information in a joint effort to improve school safety, to reduce truancy and in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions that provide structured and well-supervised educational programs supplemented by a coordinated overlay of other appropriate services designed to correct behaviors that lead to truancy, suspensions, and expulsions, and that support students in successfully completing their education. Information provided pursuant to interagency agreements is intended solely for use in determining the appropriate programs and services for each juvenile or the juvenile's family, or for coordinating the delivery of such programs and services, and as such is inadmissible in any court proceedings prior to a dispositional hearing unless written consent is provided by a parent or other responsible adult on behalf of the juvenile.|
|14.||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.|
|15.||Parents of a dependent student as defined by the Internal Revenue Service Tax Code of 1986 and in this policy.|
|16.||If the District initiates legal action (a lawsuit) against a parent, or if the parent initiates legal action against the District. In such circumstances, the District may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the District to proceed with legal action as the plaintiff or to defend itself.|
|17.||If the release is to the Attorney General of the United States or to his/her designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes specific in Sections 2331 and 2332 of Title 18, U.S. Code.|
|Under this exception, school officials are not required to record (i.e., on an access log) the disclosure of information from a student's education record when the school makes pursuant to an ex parte.|
|Further, an educational institution that, in good faith, produces information from education records in compliance with an ex parte order shall not be liable to any person for that disclosure.|
The District shall not make available certain information known as "directory information" without prior permission of the parents or the eligible student. The Board designates as student "directory information": a student's name; address; telephone number, if it is a listed number; date and place of birth; participation in officially-recognized activities and sports; height and weight, if a member of an athletic team; dates of attendance; date of graduation or program completion; and awards received.
In accordance with State law, the District shall release the names and addresses of students in grades ten through twelve (10-12) to a recruiting officer for any branch of the United States Armed Forces or an institution of higher education who requests such information. Such data shall not be released if the eligible student or student's parents submit a written request not to release such information. The recruiting officer is to sign a form indicating that "any information received by the recruiting officer shall be used solely for the purpose of informing students about military service and shall not be released to any person other than individuals within the recruiting services of the Armed Forces". The Superintendent is authorized to charge mailing fees for providing this information to a recruiting officer. A secondary school student or parent of the student may request that the student's name, address, and telephone listing not be released without parental consent.
Record of Disclosures
Record of any requests or disclosures of personally identifiable student information shall be maintained except for disclosures to the parent, guardian, or eligible student; or any other school officials with a legitimate educational interest. The record of requests for disclosure shall include the following: the parties who have requested or obtained personally identifiable student information, the legitimate interests of the persons requesting or obtaining the information, and date parental/eligible student consent was obtained.
With regard to such disclosures, a "school official" is determined to be any employee of the School Board of Miami-Dade County, Florida, with direct responsibility for providing services to students and other school officials designated by the Superintendent through an inter-agency agreement. A "legitimate educational interest" is determined to mean responsibility for providing direct educational services to students which will include teaching, counseling, psychological services, or other services to students which require access to personally identifiable information and/or those specified in the law.
Under FERPA, parents and eligible students must receive notice of their rights with respect to educational records. An annual written notice shall be given to inform parents, guardians, and eligible students of their rights of access, waiver of access, challenge and hearing, privacy, categories of personally identifiable student information designated as directory information data, and the location and availability of the District's policy on education records of students. Alternate methods of notice shall be made for parents, guardians, or eligible students unable to comprehend a written notice in English. The Superintendent shall prepare administrative procedures to ensure that students and parents are adequately informed each year regarding their rights to:
|A.||inspect and review the student's educational records;|
|B.||request amendments if the parent believes the record is inaccurate, misleading, or otherwise in violation of the student's privacy rights;|
|C.||consent to disclosures of personally-identifiable information contained in the student's educational records, except to those disclosures allowed by the law;|
|D.||challenge District noncompliance with a parent's request to amend the records through a hearing;|
|E.||obtain a copy of the District's policy and administrative procedures on student records.|
The Superintendent shall also develop, and update as needed, procedures for:
|A.||the proper storage and retention of records including a list of the type and location of record;|
|B.||informing District employees of the Federal and State laws concerning student records.|
The District is authorized to use the microfilm process or electromagnetic processes of reproduction for the recording, filing, maintaining, and preserving of records.
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.
Hearing Procedure to Correct Student Records
Whenever a parent, guardian, or eligible student believes the content of the student record is inaccurate, misleading, or in violation of their privacy, they may request an informal meeting with the record custodian for the purpose of requesting the correction, deletion, or expunction of any inaccurate, misleading, or otherwise inappropriate data or material contained in the student record.
If the record custodian agrees at the informal meeting to grant the parentís request, the data or materials in question should be amended and the parent given written notification of the amendment. The appropriate school officials shall take the necessary actions to implement the amendment. If the parentís request is denied, the decision must be made in writing and provided to the parent, guardian, or eligible student, with a notification of the right to an informal hearing with the Regional Center. The decision of the Regional Center shall be made in writing to the parent, guardian, or eligible student with a copy to the Superintendent. The written decision of the Regional Center may be appealed to the Administrative Director, Division of Student Services.
A hearing shall be requested, in writing, to the Superintendent within ten (10) days of the written notice of denial at the informal hearing conducted by the Regional Center. The Administrative Director shall convene and conduct the hearing and shall render a decision in writing to all concerned parties within a reasonable time after the conclusion of the hearing. The hearing shall be held no more than thirty (30) days from the date of the written request.
The parents, guardian, eligible student, student, and officials of the school shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by one or more individuals of his or her own choice, including an attorney. The hearing decision must be made in writing to the parent, guardian, or eligible student, must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.
If the decision of the hearing officer is that the records are not inaccurate, misleading, or otherwise in violation of privacy rights, the parent, guardian, or eligible student shall be allowed to comment in writing on the information in the education record and state any reasons for disagreeing with the decision. This written response shall be filed in the education records of the student.
20 U.S.C. Section 1232f (FERPA)
20 U.S.C. Section 1232g (FERPA)
20 U.S.C. Section 1232h (FERPA)
20 U.S.C. 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
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