Administrative Regulation

AR 5125

Students

Student Records

Definitions

Student record is any item of information other than directory information, gathered within or outside the district that is directly related to an identifiable student and maintained by the district or required to be maintained by an employee in the performance of his/her duties. Any information maintained for the purpose of second-party review is considered a student record. A student record may be recorded in handwriting, print computer media, video or audio tape, film, microfilm, microfiche or by other means. Student records include the student's health record. They do not include informal notes compiled by a school officer or employee, which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute.

Mandatory permanent student records are those records which are maintained in perpetuity and which schools have been directed to compile by state law, regulation or administrative directive.

Mandatory interim student records are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed in accordance with state law, regulation, or administrative directive.

Permitted students records are those records having clear importance only to the current educational process of the student

Access means a personal inspection and review of a record, an accurate copy of a record or receipt of an accurate copy of a record, an oral description or communication of a record, and a request to release a copy of any record.

Disclosure mean to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records, to any party, by any means including oral, written, or electronic means.

Personally identifiable information includes but is not limited to the student's name, the name of the student's parent/guardian or other family member, the address of the student or student's family, a personal identifier such as the student's social security number or student number, and a list of personal characteristics or other information that would make the student's identity easily traceable.

Adult student is a person who is or was enrolled in school and who is at least 18 years of age.

School officials and employees are officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances, require that they have access to student records.

A legitimate educational interest is one held by officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances that require that they have access to student records.

Parent means a natural parent, an adopted parent or legal guardian. If parents/guardians are divorced or legally separated, only the parent having legal custody of the student may challenge the content of a record pursuant to Section 49070, offer a written response to a record pursuant to Section 49072, or consent to release records to others pursuant to Section 49075, provided, however, that either parent may grant consent if both parents have notified, in writing, the school or school district that such an agreement has been made. Whenever a student has attained the age of 18 years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents/guardians of the student shall thereafter only be required of, and accorded to, the student.

Immediate family means mother, mother-in-law, father, father-in-law, spouse, son, daughter, brother, sister, grandmother, grandfather, grandchild, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, including spouse of the above, of the employee, or any relative living or who has lived in the immediate household of the employees

Changes to Student Records

No additions except routine updating shall be made to a student's record after high school graduation or permanent departure without prior consent of the parent/guardian or adult student.

Only a parent/guardian having legal custody of the student may challenge the content of a record or offer a written response to a record.

Retention and Destruction of Student Records

Mandatory permanent student records

The following mandatory interim student record shall be kept indefinitely:

1. Legal name of student

2. Date and place of birth, and method of verifying birth date

3. Gender of student

4. Name and address of parent/guardian of minor student

a. Address of minor student if different from the above

b. Annual verification of parent/guardian's name and address and student's residence

5. Entrance and departure date of each school year and for any summer session or other extra session

6. Subjects taken during each year, half-year, summer session or quarter, and marks or credits given

7. Verification of or exemption from required immunizations

8. Date of high school graduation or equivalent

Mandatory interim student records

Unless forwarded to another district, the following mandatory interim student records shall be maintained subject to destruction during the third school yea following a determination that their usefulness has ceased or the student has left the district:

1. Expulsion orders and the causes therefore

2. A log identifying persons or agencies who request or receive information from the student record

3. Health information, including Child Health and Disability Prevention Program verification or waiver

4. Information on participation in special education programs, including required tests, case studies, authorizations, and evidence of eligibility for admission or discharge

5. Language training records

6. Progress slips/notices required by Education Code 49066 and 49067

7. Parental restrictions/stipulations regarding access to directory information

8. Parent/guardian or adult student rejoinders to challenged records and to disciplinary action

9. Parent/guardian authorization or denial of student participation in specific programs

10. Results of standardized tests administered within the past three years

Permitted student records

The following permitted student records may be destroyed six months after the student completes or withdraws from the educational program:

1. Objective counselor/teacher ratings

2. Standardized test results older than three years

3. Routine disciplinary data

4. Verified reports of relevant behavioral patterns

5. All disciplinary notices

6. Supplementary attendance records

Records shall be destroyed in a way that assures they will not be available to possible public inspection in the process of destruction.

Access to Student Records

Absolute Access

The following persons or agencies shall have absolute access to any and all student records m accordance with state law:

1. Natural parents, adoptive parents, or legal guardians of students younger than age 18. Access to student records and information shall not be denied to a parent because he/she is not the child's custodial parent

2. Adult students age 18 or older or students under the age of 18 who attend a postsecondary institution, in which case the student shall alone exercise rights related to his/her student records and grant consent for the release of records.

3. Those so authorized in compliance with a court order or lawfully issued subpoena

4. Persons, agencies, or organizations specifically granted access rights pursuant to state law shall have written parental consent or judicial order. Parental consent is not required when information is shared with other persons within educational institutions, agencies, or organizations obtaining access, as long as those persons have a legitimate educational interest in the information.

Limited Access

The following persons or agencies shall have access to those particular records that are relevant to the legitimate educational interests of the requester.

1. Natural parents, adoptive parents, or legal guardians of a dependent student age 18 or older

2. Students 16 or older or who have completed the 101 grade

3. School officials and district employees

4. Members of a school attendance review board, and any volunteer aide age 18 or older who has been investigated, selected, and trained by such a board to provide follow-up services to a referred student

5. Officials and employees of other public schools or school systems where the student intends or is directed to enroll, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided.

6. Federal, state, and local official as needed for program audits or compliance with law

7. Any district attorney who is participating in or conducting a truancy mediation program or participating in the presentation of evidence in a truancy petition

8. A prosecuting agency for consideration against a parent/guardian for failure to comply with compulsory education laws

9. Any probation officer or district attorney for the purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.

10. County child welfare services workers responsible for the case plan of a minor who is being placed in foster care shall have access to the student's school records.

11. Peace Officer Access - when authorized by law to assist law enforcement in investigations of suspected kidnapping, the Superintendent or designee shall provide information about the identity and location of the student as it relates to the transfer of that student's records to another district or private school within the state. The information shall be released only to designated peace officers, federal criminal investigators and federal law enforcement officers whose names have been submitted by their law enforcement agency in writing.

Other Access

The superintendent or designee may release information from student records to the following:

1. Appropriate persons in an emergency if the health and safety of a student or other persons are at stake

2. Agencies or organizations in connection with a student's application for or receipt of financial aid.

3. Accrediting associations

4. Under the conditions specified in Education Code 49076, organizations conducting studies on behalf of educational institutions or agencies for the purpose of developing, validating, or administering predictive tests, administering student and programs or improving instruction

5. Officials and employees of private schools or school systems where the student is enrolled or intends to enroll

6. County elections officials for the purpose of identifying students eligible to register to vote and offering such students an opportunity to register

Persons, agency, or organizations not afforded access rights pursuant to state law may he granted access only through written permission of the parent/guardian having legal custody of the student, adult student, or by judicial order. Either parent may grant consent if both parents notify the district in writing, that such an agreement has been made.

Any person or agency granted access is prohibited from releasing information to another person or agency without written permission from the parent/guardian or adult student.

Procedures for Access

Persons authorized to inspect, review, or obtain copies of student records shall submit a request to the custodian of records.

Authorized persons from outside the school whose access requires consent from the parent/guardian or adult student shall submit their request, together with any required authorization, to the Superintendent or designee or the custodian of records.

Within five days following the date of request, an authorized person shall he granted access to inspect, review, and obtain copies of student records during regular school hours.

Student records shall be maintained in a central file at the school attended by the student, or, when records are maintained in different locations, a notation shall be placed in the central file indicating where other records may be found. Parents/guardians shall he notified of the location of student records if not centrally located. Qualified certificated personnel shall be available to interpret records when requested.

Access log

A log shall be maintained for each student's record which lists all persons, agencies, or organizations requesting or receiving information from the records and the legitimate educational interest of the requester.

In every instance of inspection by persons who do not have assigned educational responsibility, the school custodian of records shall make an entry in the log indicating the record inspected, the name of the person granted access, the reason access was granted, and the time and circumstances of inspection.

The log need not include:

1. Parents/guardians or adult students

2. Students 16 years of age or older who have completed the 10th grade.

3. Parties obtaining district-approved directory information

4. Parties who provide written parental consent, in which case the consent notice shall be filed with the record pursuant to Education Code 49075

5. School employees who have legitimate educational interest

The log shall be accessible only to the parent/guardian, adult student, dependent adult student, students aged 16 years or older or who has completed the 10th grade, custodian of records, and certain state/federal officials.

Duplication of Student Records

To provide copies of any student records, the district shall charge a reasonable fee not to exceed the actual cost of furnishing the copies. No charge shall be made for providing up to two transcripts or up to two verifications of various records for any former student. No charge shall be made to locate or retrieve any student records.

The Superintendent or designee shall set a fee and update the amount annually if actual costs change.

Security of Student Records

The custodian of records shall be responsible for the security of student records and shall assure that access is limited to authorized persons.

The custodian of records or the Superintendent or designee shall prevent the alteration, damage, or loss of records during inspection.

Prior to disclosing a record pursuant to a court order, the Superintendent or designee shall, unless otherwise instructed by the order, give the parent/guardian or adult student at least three days notice of the name of the requesting agency and the specific record requested if lawfully possible within the requirements of the judicial order.

When the district discloses personally identifiable information to officials of another school, school system, or postsecondary institution where the student seeks or intends to enroll, the Superintendent or designee shall make a reasonable attempt to notify the parent/guardian or adult student at his/her last known address, provide a copy of the record that was disclosed, and give him/her an opportunity for a hearing to challenge the record.

Transfer or Student Records

If a student transfers into this district from any other school district or a private school, the Superintendent or designee shall inform the parent/guardian of his/her rights regarding student records, including the right to review, challenge, and receive a copy of student records. (Education Code 49068, 5 CCR 43 8)

When a student transfer from this district to another school district or to a private school, the Superintendent or designee shall forward a copy of the student's mandatory permanent records as requested by the other district or private school. The original record or a copy shall be retained permanently by this district. If the transfer is to another California public school, the student's entire mandatory interim record shall be forwarded, if the transfer is out of state or to a private school, the mandatory interim record may be forwarded. Permitted student records may be forwarded to any other district or private school.

When informed that a district student in foster care is transferring to another local educational agency, the Superintendent or designee shall cooperate to ensure that the student's health and education records are transferred to the receiving district. The district shall transfer the records within five working days of receiving notification regarding the student's new educational placement.

All student records shall be updated before they are transferred.

Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or parent/guardian.

If the district is withholding grades, diploma, or transcripts from the student because of his/her damage or loss of school property, this information shall he sent to the requesting district along with the student's records.

Notification to Parents/Guardians of Rights Regarding Student Records

Upon students' initial enrollment, and at the beginning of each year thereafter, the Superintendent or designee shall notify parents/guardians and eligible students, in writing, of their rights related to student records. Insofar as practicable, the district shall provide these notices in the student's home language and shall effectively notify parents/guardians or eligible students who are disabled. The notice shall include the following:

1. The types of student records kept by the district and the information contained therein

2. The titles of the officials responsible for maintaining each type of record

3. The location of the log identifying those who request, information from the records

4. District criteria for defining "school officials and employees" and for determining "legitimate educational interest"

5. District policies for reviewing and expunging student records

6. The right to inspect and review student records, and the procedures for doing so

7. The right to challenge and the procedures for challenging the content of a student record that the parent/guardian or student believes to be inaccurate, misleading or otherwise in violation of the student's privacy rights.

8. The cost, if any, charged for duplicating copies of records

9. The categories of information defined as directory information pursuant to Education Code 49073

10. The right to consent to disclosures of personally identifiable information contained in the student's records except when disclosure without consent is authorized by law

11. The availability of the curriculum prospectus developed pursuant to Education 4900-49078, and the rights of parents/guardians to file a complaint with the United States Department of Health, Education, and Welfare concerning an alleged failure by the district to comply with 20 USC 1232g

12. A statement that the district forwards education records to other agencies or institutions that have requested the records and in which the student or intends to enroll.

Regulation PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT

approved: May 24, 2001 Palos Verdes Estates, California