| Wa-Nee Community School Corporation |
| Bylaws & Policies |
8330 - STUDENT RECORDS
In order to provide appropriate educational services and programming, the School Board must collect, retain, and use information about individual students. Simultaneously, the Board recognizes the need to safeguard student's privacy and restrict access to student's personally identifiable information.
A social security number of a student contained in the records of the school corporation may not be disclosed or released by the school corporation unless the record is specifically required by a State or a Federal Statute or is ordered by a court under the rules of discovery.
The School Board is responsible for maintaining records of all students attending schools in this Corporation. In addition to records mandated by the Federal Government, the State of Indiana requires that the School Corporation record or include in the official high school transcript for each high school student the following information:
| A. | attendance records; | |
| B. | the students latest ISTEP/GQE test results; | |
| C. | any secondary level and postsecondary level certificates of achievement earned by the student; | |
| D. | immunization information from the student’s immunization record. |
The Board also authorizes the collection of other student information including, but not limited to:
| 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 eligible 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. | rank in class and academic honors earned | |
| G. | psychological tests | |
| H. | 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, 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" includes any student who is eighteen (18) years of age or older, or who is enrolled in a postsecondary institution regardless of his/her age.
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 stated otherwise by court order. In the case of an eligible student, that is a student who is (eighteen (18) years of age or older), parents will be allowed access to the records without the student's consent, provided 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 Corporation" or if the record is necessary in order for the school official to perform an administrative, supervisory or instructional task or to perform a service or benefit for the student or the student's family as defined in Corporation 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 corporation in which a student of this Corporation 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. | request each person or party requesting access to a student's record to abide by the Federal regulations concerning the disclosure of information to a third party. | |
| D. | disclose or report educational records to a State or local juvenile agency when the disclosure or reporting relates to the ability of the juvenile justice system to serve, before adjudication, the student whose records are being released; and the juvenile justice agency receiving the information certifies, in writing, that the agency or individual receiving the information has agreed not to disclose it to a third party, other than another juvenile justice agency, without the consent of the child's parent, guardian, or custodian. | |
| A disclosure or reporting of educational records concerning a child who has been adjudicated as a delinquent child shall be treated as related to the ability of the juvenile justice system to serve the child before adjudication if the agency provides documentation to the School Corporation that the agency seeks the information in order to identify and intervene with the child as a juvenile at risk of delinquency rather than to obtain information solely related to the supervision of the child as an adjudicated delinquent child. |
The juvenile court may grant a school access to all or a portion of the juvenile court records of a child who is a student at the school if the Superintendent submits a written request establishing that the juvenile court records are necessary for the school to serve the educational needs of the child whose records are requested or to protect the safety or health of a student, an employee, or a volunteer at the school.
The school shall keep the records confidential. However, the confidentiality order does not prohibit the school from forwarding the juvenile records to another school or a person if a parent, guardian, or custodian of the child consents to the release of the juvenile court records to the person.
The Corporation 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. Based upon reasonable requests, viewers of educational records will receive explanation and interpretation of the records.
The Corporation 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, 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 Corporation's policy and administrative guidelines and/or those specified in the law.
PERSONALLY IDENTIFIABLE INFORMATION
Personally identifiable information concerning students shall be protected against theft, unauthorized access, alteration, disclosure, misuse, or invasion of privacy. Unless specifically authorized by the Superintendent or produced pursuant to a request under the Indiana Access to Public Records Act, personally identifiable information concerning students shall not be left unprotected, shared or transferred from School Corporation records to any place not within the control of the School Corporation. This includes any laptop computer or portable storage medium.
DIRECTORY INFORMATION
Each year the Superintendent shall 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 student's name; address; telephone number; photograph; date and place of birth; major field of study; participation in officially recognized activities and sports; height and weight, if a member of an athletic team; dates of attendance; date of graduation; awards received; listing on an honor roll; or scholarships.
Directory information shall not be provided to any organization for profit-making purposes. The Superintendent may allow access to a school campus or give students’ directory information to organizations that make students aware of educational or occupational options.
The Superintendent is required to give recruiting representatives of the U.S. Armed Services and the Indiana Air, Army National Guard and the service academies of the armed forces of the United States or an institution of higher education access to the high school campus and student directory information (student’s name, address, and listed or published telephone number) when requested to do so. A secondary school student or parent of the student may request that the student's name, address and telephone listing not be released without prior consent of the parent(s)/eligible student.
The School Corporation is required to notify the parent and student that either one may request that the information not be released by the School Corporation to the military recruiting representatives. The notification is to include the process necessary to complete this requirement.
The parent or student must make the request in writing at the end of the student’s sophomore year in high school. This is a one-time opt-out opportunity. If the student opts-out in his/her sophomore year and later changes his/her mind a revocation may be made.
Parents and eligible students may refuse to allow the Corporation to disclose any or all of such "directory information" upon written notification to the Corporation within thirty (30) days after receipt of the Superintendent's annual public notice.
In accordance with Federal and State law, the Board shall release the names, addresses, and telephone listings of secondary students to a recruiting officer for any branch of the United States Armed Forces or an institution of higher education who requests such information. A secondary school student or parent of the student may request that the student's name, address, and telephone listing not be released without prior consent of the parent(s)/eligible student. 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.
Whenever consent of the parent(s)/eligible student is required for the inspection and/or release of a student's health or educational records or for the release of directory information, either parent may provide such consent unless specifically stated otherwise by court order.
The Corporation may disclose "directory information" on former students without consent of the parent(s)/eligible student.
The Superintendent shall prepare 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 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 disclosures allowed without parental consent; | |
| D. | challenge Board noncompliance with a parent’s request to amend the records through a hearing; | |
| E. | file a complaint of Corporation noncompliance with the Department of Education; | |
| F. | obtain a copy of the Corporation's policy and administrative guidelines on student records. |
The Superintendent shall also develop procedural guidelines for:
| A. | the proper storage and retention of records including a list of the type and location of record; | |
| B. | informing Corporation employees of the Federal and State laws concerning student records. |
The Board authorizes the use of 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 Corporation specifically as a consequence of permitting access or furnishing students' records in accordance with this policy and administrative guidelines.
I.C. 31-39-2-13.8
I.C. 5-14-3-4(c)
I.C. 5-14-3-4(a)(12)
I.C. 20-33-2-13
I.C. 20-33-7-1,2,3, 20-33-10-2
34 C.F.R. Part 99
20 U.S.C. Section 1232g, 20 U.S.C. 7908
26 U.S.C. 152
The Family Educational Rights and Privacy Act of 1974 93-380
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
Revised 3/02
Revised 2/24/03
Revised 1/26/04
Revised 11/04
Revised 8/27/07
Revised 1/28/08