File JOB: Family Educational Rights And Privacy Act (Pl 93-380)

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STUDENT EDUCATION RECORDS


I. INTRODUCTION

This policy has been adopted by M.S.A.D. No. 75 to implement State and Federal legislation establishing guidelines governing the manner in which student records are maintained and supervised.  The purpose of the legislation is to assure students and parents of students access to their official records so that they may be sure the information contained in their files is accurate.  Further, the legislation seeks to guarantee that these files are used only for legitimate educational purposes and are not released with the written permission of the student or parent of the student except as permitted by Law.

II. DEFINITIONS

The following definitions apply to terms used in this policy:

1.  “Act” means the Family Educational Rights and Privacy Act (20 U.S.C. S1232g).

2. “Personally identifiable information” includes, but is not limited to:
(a) the student’s name;
(b) the name of the student’s parent or other family member;
(c) the address of the student or student’s family;
(d) a personal identifier such as the student’s Social Security number or student number;
(e) a list of personal characteristics that would make the student’s identity easily traceable; or
(f) other information that would make the student’s identity easily traceable.
3. “Directory information” includes the following information relating to a student:  the student’s name, major field of study, participation in officially recognized activities and sports, weight and height of student athletes, date of attendance at M.S.A.D. No. 75 schools,  honors and awards received, and the most recent previous educational institution attended by the student.

4. “Eligible student” means a student who has attained eighteen (18) years of age, has not been judged by a court of competent jurisdiction to be so severely impaired that he/s he is unable to make his/her own decisions or exercise judgment on his/her own behalf, or is attending an institution of post-secondary education.

5. “Parent” means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent of a student in the absence of a parent or guardian provided that there shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless there is evidence of a State law or court order governing such matters as divorce, separation, or custody or a legally-binding instrument which provides to the contrary.

6. “Record” means any information or data recorded in any medium including, but not limited to, handwriting, print, tapes, film, microfilm and microfiche, but excluding records of instructional, supervisory, and administrative personnel which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute. 

7. “School” means M.S.A.D. No. 75 and each school within the District.

8. “Student” includes any individual with respect to whom M.S.A.D. No. 75 maintains education records.

9. “Institution of post-secondary education” means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond Grade 12) at which secondary education is provided as determined under State law.


III. STUDENT RIGHTS

Whenever a student has attained eighteen (18) years of age or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student.


IV. LIMITATIONS ON WAIVERS

A parent of a student, or a student, may waive any of his or her rights regarding access to and confidentiality of educational records as set forth in this policy and in the Act, but such a waiver shall not be valid unless in writing and signed by the parent or student as appropriate.  The school may not require that a parent of a student, or a student, waive his or her rights.

A waiver under this section may be revoked with respect to any actions occurring after the revocation.  A revocation under this paragraph must be in writing.  If a parent of a student executes a waiver under this section, that waiver may be revoked by the student any time after he or she becomes an eligible student.


V.  FEES

The school shall provide copies of education records to parents of students or eligible students upon request.  Such record shall be provided within a reasonable time, but no more than forty-five (45) days after receiving a written request.  The cost to the parent of the student or the eligible student will be fifteen cents ($.15) per page copied, plus postage if mailing is required.  There will be no charge to search for or to retrieve the education records of a student.  No fee will be charged if it prevents a parent or eligible student from exercising the right to inspect and review the student’s education records.


VI. ANNUAL NOTIFICATION OF RIGHTS

Each year parents of students or eligible students will be provided with a summary of their rights and informed of locations where copies of this policy statement may be obtained through any of the following means:
 
1. Letter to each parent or eligible student within M.S.A.D. No. 75

2. Publication of a policy summary in a school newspaper, newsletter, or handbook mailed to each parent or eligible student
VII. INSPECTION AND REVIEW OF EDUCATION RECORDS

Parents of students and eligible students may review and inspect their educational records by the following procedure:
1. The parent or eligible student must request in writing to review the records through the principal or guidance counselor at each individual school.

2. The principal or counselor shall meet with the parent or eligible student within ten (10) school days to review the education records.

3. The principal or counselor will list the types and locations of all records, the titles and addresses of officials responsible for those records, and the names and addresses of non-school personnel who have received copies or reviewed the education records.

4. The school may deny a request for access to or a copy of the student’s record if there is reasonable doubt to the legality of the parent/child relationship.  Access will be withheld until a determination of legal right to access can be determined.

 
VIII. DISCLOSURE OF EDUCATION RECORDS

1.   The school will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent of the student or of the eligible student except as follows:
 
(a)  Personally identifiable information may be disclosed without written consent if the disclosure is to:
                                  
(1) State officials in connection with the audit and evaluation of federally-supported programs.

(2) M.S.A.D. No. 75 administrators and teachers who have a direct interest in the education of the student.  A teacher has a direct interest when the teacher has the student in a class or in an extracurricular activity.  An administrator has a direct interest when the administrator has direct or supervisory responsibility related to the student.

(3) school officials and teachers of another public or private school system or college in which the student has or seeks or intends to enroll.

(4) institutions to which the student has applied for financial aid.

(5)  parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954.

(6)  those as directed by a judicial order or lawfully-issued subpoena, provided that reasonable effort is made to notify the parent of the student or the eligible student of the order or subpoena prior to compliance therewith.

(7) appropriate official parties in a health or safety emergency, if the knowledge of the information is necessary to protect the health or safety of the student or other individuals.
 
2.All disclosures of information under this section will comply with regulations and guidelines promulgated by the federal government and the State Department of Education.
 
(a)  Under federal law, military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students; and M.S.A.D. No. 75 must comply with any such request, provided that parents have been notified of their right to request that information not be released without their prior written consent.

(b) Under Maine law, M.S.A.D. No. 75 shall not publish on the Internet any information that identifies a student, including, but not limited to, the student’s full name, photograph, personal biography, email address, home address, date of birth, Social Security number, and parents’ names without consent.
3. The school will maintain a record of disclosures of personally-identifiable information from the education records of a student and will permit a parent or eligible student to inspect that record.  The record shall not include disclosure to the parent of a student or an eligible student, disclosures pursuant to written consent, disclosures to school officials, or disclosures of directory information.


IX. REQUEST TO AMEND EDUCATION RECORDS

1.All parents of students, and eligible students, may seek correction of education records of the student through a request to amend the record.

2. If the request to amend is denied, the parent of the student or the eligible student shall be entitled to a hearing, upon request.  The hearing shall be held within thirty (30) days from the time the school receives the request; and the parent of the student, or the eligible student, shall be given notice of the date, place, and time one (1) week in advance of the hearing.  The Superintendent or his/her designated representative who does not have a direct interest in the outcome of the hearing shall conduct the hearing.  The parent of the student, or the eligible student, shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney.  The school shall make its decision in writing within thirty (30) days after the conclusion of the hearing.  The decision of the school shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

3.  If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly and so inform the parent of the student or the eligible student in writing.

4. If, as a result of the hearing, the school decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy of other rights of the student, it shall inform the parent or eligible student of the right to place in the education records of the student a statement commenting upon the information in the education records and/or setting forth any reasons for disagreeing with the decision of the school.

5.  Any explanation placed in the education records of the student under the preceding paragraph shall be maintained by the school as part of the education records of the student as long as the record or contested portion is maintained by the school; and if the education records of the student or the contested portion is disclosed by the school to any party, the explanation shall also be disclosed to that party.

X. LIMITATION ON DESTRUCTION OF EDUCATION RECORDS

The school may destroy parts of an education record of a student when they are no longer deemed useful, subject to the following exceptions:
1. The school may not destroy any education record if there is any outstanding request to inspect and review such records.

2. The record of access maintained shall be retained for as long as the education records to which it pertains is maintained.

3. The school shall inform parents of exceptional students when education records are no longer needed to provide educational services to the student.  The records shall be destroyed at the request of the parents and may be destroyed at any time by the school.  Records may be turned over to parents or eligible students upon their request.

4.  A permanent record of a special education student’s name, address, telephone number, grades, attendance record, classes attended, grade and year completed, and the Individualized Education Program(s) and evaluation reports for the five (5) years preceding the termination of services, shall be maintained without time limitations.
XI. COMPLAINT PROCEDURE

The Secretary of the U.S. Department of Education maintains an office that will investigate, process, and review complaints which may be filed concerned alleged violations of provisions of the Act.  Complaints regarding violations of rights accorded parents and eligible students may be submitted in writing to the following address:

The Family Policy and Regulations Office
U.S. Department of Education
Washington, D.C.  20202

ADOPTION:                                                       September 25, 1980
AMENDED:                                                        January 10, 1991
REVISED:                                                           May 24, 1995
FIRST READING (AMENDMENTS):                  November 6, 2003
SECOND READING (AMENDMENTS):             November 20, 2003
ADOPTION (AMENDMENTS):                           November 20, 2003

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