Student Rights & Responsibilities
School Records
Students' school records are confidential. Authorized school personnel,
parents (whether custodial or not), or legal guardians, state and local
education officials, and persons with court orders may inspect student
records. Others must have the parent's written permission. It is the
responsibility of the school to know who has been allowed access to records
and keep careful record of what was released to whom and for what purpose.
School officials are notified when access to student records is terminated
by court order.
In general, federal and state law
on student records (FERPA) restricts the release of information in a student's
permanent file to outside agencies without a court order or parental
permission. This does not mean that school officials cannot discuss a
student's behavior with law enforcement or social services without a court
order or parental permission.
Under the state's compulsory
attendance laws, parents have given over their child for instructional
purposes to the school staff, retaining in the eyes of the law the right to
inform themselves of the child's progress in school. School officials can be
required to interpret the contents of the file or to explain the meaning of
test results. In the case of parents with children receiving special
education services, records must be available five (5) days prior to any
meetings or hearings regarding IEPs, evaluations, or placements.
Parents may challenge the contents
of their child's records and request a withdrawal of information. If the
school declines the request, parents may insist upon a hearing. If the
hearing officer determines that information in question is accurate and
appropriate, the content will remain, but parents are allowed to provide a
written rebuttal to be permanently attached to the document.
The following policy should govern
the collection and administration of student records:
- A
student's permanent file shall include only this information: identifying
data (including names and addresses of parents or guardian), birth date,
academic work completed, level of achievement (grades, standardized
achievement test scores), attendance data, and possibly medical records;
- Any
other records shall be available only to the student or parents or guardian of
the student and the school staff. All records shall be governed by strict
safeguards for confidentiality and shall not be available to others in or
outside of the school except upon the consent of a parent or 18-year-old
student. These other records shall be considered temporary and shall be
destroyed when the individual leaves the school;
- All records shall be
open to challenge by an 18-year-old student or the parents or guardian of the
student;
- A student's opinion
shall not be disclosed to any outside person or agency;
- A
student shall be free from punitive actions in evaluations of academic
competency and in college or job references because of individual opinions;
and
- When a
student reaches the age of eighteen (18), all rights concerning school records
transfer from the parents to the student. Parents no longer have a legal
right to examine their child's records without the child's permission.
The school can make no charges for
record searches or information retrieval, but may charge only a reasonable fee
for photocopying. In the case of special education records, such photocopying
charges cannot preclude parental access to records. |