| Van Buren Intermediate School District |
| Bylaws & Policies |
8330 - STUDENT RECORDS
The educational interests of the student require the collection, retention, and use of information about individual students and groups of students. At the same time, the student's right of privacy mandates careful custodianship and limitations on access to student records.
The Board of Education is responsible for maintaining records of all students attending schools in this District. Only records mandated by the State or Federal government or specifically permitted by this Board may be compiled by District employees. The Board hereby authorizes collection of the following student records, in addition to the membership record required by law.
| A. | observations and ratings of individual students by professional staff members acting within their sphere of competency | |
| B. | samples of student work | |
| C. | information obtained from professionally acceptable standard instruments of measurement such as: |
| 1. | interest inventories and aptitude tests | ||
| 2. | vocational preference inventories | ||
| 3. | achievement tests | ||
| 4. | standardized intelligence tests |
| D. | authenticated information provided by a parent or adult student concerning achievements and other school activities which the parent or student wants to make a part of the record | |
| E. | verified reports of serious or recurrent behavior patterns | |
| F. | academic honors earned | |
| G. | psychological tests | |
| H. | attendance records | |
| I. | health records | |
| J. | custodial arrangements |
In all cases, permitted, narrative information in student records shall be objectively-based on the personal observation or knowledge of the originator.
Student records shall be available only to students and their parents, eligible students, and designated school officials and designated school personnel, who have a legitimate educational interest in the information, or to other individuals or organizations as permitted by law. 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 a student who is eighteen (18) years of age or older or a student of any age who is enrolled in a postsecondary institution.
In situations in which a student has both a custodial and a noncustodial parent, both shall have access to the student's educational records unless stipulated otherwise by court order. In the case of eligible
students, parents will be allowed access to the records without the student's consent, providing the student is considered a dependent under section 152 of the Internal Revenue Code."Legitimate educational interest" shall be defined as a "direct or delegated responsibility for helping the student achieve one (1) or more of the educational goals of the District" including, but not limited to those officials with legitimate educational interests as defined in District administrative guidelines.
The Board authorizes the administration to:
| A. | forward student records, including any suspension and expulsion action against the student, 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; | |
| B. | provide "personally-identifiable" information to appropriate parties in connection with an emergency if such knowledge is necessary to protect the health and safety of the student or other individuals; | |
| C. | report a crime committed by a child with or without a disability to appropriate authorities and to transmit copies of the student's special education records and disciplinary records including any suspension and expulsion action against the student to the authorities and school officials for their consideration; | |
| D. | request each person or party requesting access to a student's record to abide by the Federal regulations concerning the disclosure of information. |
The District will comply with a legitimate request for access to a student's records within a reasonable period of time but not more than forty-five (45) days after receiving the request. Upon the request of the viewer, a record shall be reproduced, unless said record is copyrighted, and the viewer may be charged a fee equivalent to the cost of handling and reproduction.
The District shall maintain a record of those persons to whom information about a student has been disclosed. Such disclosure records will indicate the student, person viewing the record, information disclosed, the date of disclosure, and date parental/eligible student consent was obtained.
Only "directory information" regarding a student shall be released to any person or party, other than the student or his/her parent, without the written consent of the parent; or, if the student is an eligible student, the written consent of the student, except those persons or parties stipulated by the District's policy and administrative guidelines and/or those in the law.
DIRECTORY INFORMATION
Each year the District will provide public notice to students and their parents of its intent to make available, upon request, certain information known as "directory information". The Board designates as student "directory information":
| A. | a student's name; | |
| B. | address; | |
| C. | date of graduation. |
Parents and eligible students may refuse to allow the District to disclose any or all of such "directory information" upon written notification to the District within ten (10) business days after receipt of the District's public notice.
Armed Forces Recruiting
The Board shall provide United States Armed Forces recruiters with at least the same access to the high school campus and to student directory information (names, addresses, and telephone listings of secondary students) as is provided to other entities offering educational or employment opportunities to those students. "Armed forces of the United States" means the armed forces of the United States and their reserve components and the United States Coast Guard.
If a student or the parent or legal guardian of a student submits a signed, written request to the Board that indicates that the student or the parent or legal guardian does not want the student’s directory information to be accessible to official recruiting representatives, then the officials of the school shall not allow that access to the student’s directory information. The Board shall ensure that students and parents and guardians are notified of the provisions of the opportunity to deny release of directory information.
Public notice shall be given regarding the right to refuse disclosure of any or all "directory information" including to the armed forces of the United States and the service academies of the armed forces of the United States.
A fee, not to exceed the actual costs incurred by the high school, for copying and mailing student directory information under this section, may be charged an official recruiting representative.
Directory information received under armed services authorization request shall be used only to provide information to students concerning educational and career opportunities available in the armed forces of the United States or the service academies of the armed forces of the United States. An official recruiting representative who receives student directory information under this section shall not release that information to a person who is not involved in recruiting students for the armed forces of the United States or the service academies of the armed forces of the United States.
Annually the Board will notify male students age eighteen (18) or older that they are required to register for the selective service.
Requests to the District records officer shall be presented on a standardized form developed by the armed forces of the United States requesting access to a high school campus and a time for the access. Requests should bear the signature of the ranking recruiting officer of the armed service making the request.
Whenever consent of the parent(s)/eligible student is required for the inspection and/or release of a student's educational records or for the release of directory information, either parent may provide such consent unless stipulated otherwise by court order. 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.
The District may disclose "directory information" on former students without student or parental consent.
The Board shall not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose.)
The Board may establish online access for the parents or the eligible student to the student’s confidential academic and attendance record. To authorize such access, the parents or the eligible student must sign a release (see Form 8330 F10). This release shall remind the parents or eligible student that the account and confidential information about the student is only as secure as they keep their account information. Neither the District nor its employees will be held responsible for any breech of this policy by the parent/eligible student or any unauthorized party.
The Superintendent shall prepare administrative guidelines to ensure that students and parents are adequately informed each year regarding their rights to:
| A. | inspect and review the student's education records; | |
| B. | request amendments if the record is inaccurate, misleading, or otherwise in violation of the student's rights; | |
| C. | consent to disclosures of personally identifiable information contained in the student's education records, except to unauthorized disclosures allowed by the law; | |
| D. | file a complaint of District noncompliance with the Department of Education; | |
| E. | obtain a copy of the District's policy and administrative guidelines on student records. |
The Superintendent shall also develop procedural guidelines for the proper storage and retention of records and informing District employees of the Federal and State laws concerning student 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 regulations.
M.C.L.A. 380.1135
Letter, April 6, 2004 Jeremy Hughes, Deputy Supt. Department of Education
Section 444 of subpart of part C of the General Education Provisions Act
Title IV of Public Law 90-247
20 U.S.C. 1232f through 1232i (FERPA)
20 U.S.C. 1400 et seq., Individuals with Disabilities Act
26 U.S.C. 152
20 U.S.C. 7908
Revised 12/6/00
Revised 2/4/04
Revised 3/2/05
Revised 12/17/05