Fresno Unified

Board Policy

BP 5125

Students

Student Records; Confidentiality

The Governing Board believes that it is useful and necessary to keep accurate, comprehensive student records. Information about a student shall be used judiciously, and in ways that contribute to the student's welfare.

The Superintendent or designee shall establish safeguards to protect the student and the student's family from invasion of privacy.

The Superintendent or designee shall establish regulations for Board approval governing the following:

1. The identification, description and security of student records, as well as timely access for authorized persons.

2. Parental review, inspection and right to photocopy student records.

3. The identification of categories of directory information which may be released.

4. The withholding of the student's grades, diploma or transcripts in cases involving certain student misconduct.

The Superintendent or designee shall designate a certificated employee to serve as custodian of records, with responsibility for student records at the district level. (Code of Regulations, Title 5, 431(a))

At each school, the principal or a certificated designee shall act as custodian of records for students enrolled. (Code of Regulations, Title 5, 431(b))

The district shall annually notify parents/guardians in writing of their right to inspect student records. This notice also shall inform parents/guardians where they can find all related information. (Education Code 49063)

(cf. 3580 ­ District Records)

(cf. 5131.5 ­ Vandalism)

(cf. 6161.2 ­ Overdue, Damaged or Lost Instructional Materials)

Legal Reference:

EDUCATION CODE

48904 Liability of parent

48904.3 Withholding grades, diplomas, or transcripts of students causing property damage or injury; transfer of students to new school districts; notice to rescind decision to withhold

49060­49078 Student records

CODE OF REGULATIONS, TITLE 5

430­438 Individual student records

GOVERNMENT CODE

6252­6260 Inspection of public records

CIVIL CODE

4600.5 Joint custody Federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g)

CODE OF FEDERAL REGULATIONS, ARTICLE 34

300.500 Definition of "personally identifiable"

300.501 General responsibilities of public agencies

300.502 Opportunity to examine records

300.573 Destruction of information

Policy FRESNO UNIFIED SCHOOL DISTRICT

adopted: August 26, 1993 Fresno, California

Fresno Unified

Administrative Regulation

AR 5125

Students

Student Records; Confidentiality

Definitions

"Parent" means a natural parent, adoptive parent, or legal guardian. If parents are divorced or legally separated, only the parent having legal custody of the student may challenge the content of a record, offer a written response to a record, or consent to release records to others. Either parent may grant consent if both parents notify the district, in writing, that such an agreement has been made. (Education Code 49061)

(cf. 5021 ­ Non custodial parents)

Once a student reaches the age of 18 or attends a postsecondary school and is no longer a dependent as defined in Section 1.52 of the Internal Revenue Code, he/she alone shall exercise these rights and grant consent for the release of records. (Education Code 49061 and 49067)

"Student record" means any item of information directly related to an identifiable student, other than directory information maintained by the district or required to be maintained by a school employee in the performance of his/her duties whether recorded in handwriting, print, tapes, film, microfilm or by other means. The student record shall include the student's health record. (Education Code 49061)

"Student record" shall not include informal notes about a student which a school employee keeps for private use and are not revealed to any other person except a substitute. (Education Code 49061)

"Student record" means information relative to a student gathered within or without the school system. Any information maintained for the purpose of second party review is considered a student record. (Code of Regulations, title 5, 430(d))

"Adult student" means a person who is or was enrolled in school and who is at least 18 years of age. (Code of Regulations, Title 5, 430(b))

"Eligible student" means a person 16 years or older or who has completed grade ten. (Code of Regulations, Title 5, 430(c))

"Custodian of Records" for the district is the Director of Student Services. The building principal or designee shall serve as the custodian for all records located within his/her school on currently enrolled students.

"School Official and Employees" means district employees and elected officers.

"Legitimate Educational Interest" means that the nature of the task assigned to the employee or elected school official is such that access to information in question is necessary to enable successful accomplishment of his/her official duty.

The custodian of records shall determine whether the person seeking access meets the required criteria.

"Mandatory Permanent Student Records," which shall be kept indefinitely, include:

1. Legal name of student. (Legal name of the student must appear on the student's permanent record. A request of a parent/guardian with custody to use another name is to be honored, but legal name changes should be recorded only when legal proof is provided).

2. Date and place of birth.

3. Method of verification of birth date.

4. Sex of student.

5. 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.

6. Entering and leaving date of each school year.

7. Subjects taken during each year, half­year, summer session or quarter, and marks or grades given.

8. Verification of required immunizations or waiver.

9. Date of high school graduation or equivalent. (Code of Regulations, Title 5, 432(b­1))

10. California High School Proficiency Examination (CHSP) accomplishment and date of proficiency certificate award.

11. Occupation and birthplace of parent/guardian.

12. Photo of student.

13. Cumulative attendance record (excused ­ unexcused).

14. Student identification number.

15. Citizenship grades.

16. Rank in graduating class.

17. Size of graduating class.

18. Basic Skills Assessment and verification of completion.

19. Test scores, standardized tests administered by the district.

20. Name and age of siblings.

21. Language of home.

"Mandatory Interim Student Records," which may be destroyed after a stipulated length of time, include:

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

2. Health information, including Child Health Development Disabilities Prevention Program verification or waiver.

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

4. Language training records.

5. Progress slips and/or notices required by the Education Code 49066 and 49067.

6. Parental stipulations regarding access to directory information.

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

8. Parental authorization or denial of student participation in specific programs.

9. Results of standardized tests given within the past three years. (Code of Regulations, Title 5, 432(b­2))

"Permitted Records," kept only as currently useful, may include: (Title 5, Section 432)

1. Objective counselor/teacher ratings.

2. Disciplinary notices and data.

3. Verified reports of relevant behavior patterns.

4. Standardized test results older than three years.

5. Supplementary attendance records. (Code of Regulations, Title 5, 430(b­3))

"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. (Education Code 49061)

Where requirements of the Federal Family Educational rights and Privacy Act (20 U.S.C. 1232g) conflict with the California Education Code, the district shall comply with the requirements of the Education Code. (See HEW Regulation 99.61)

Retention and Destruction of Student Records

1. A record for each individual student 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 such other records may be found.

2. All anecdotal information and assessment reports maintained as student records must be dated and signed by the individual who originated the record.

3. 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. (Code of Regulations, Title 5, 437(a))

4. Mandatory Permanent Student Records shall be kept in perpetuity. (Code of Regulations, Title 5, 437(b))

5. Unless forwarded to another district, Mandatory Interim Student Records may be destroyed three years after determining that their usefulness has ceased or that the student has left the district. (Code of Regulations, Title 5, 437(c))

6. Permitted Student Records may be destroyed when their usefulness ceases. They may be destroyed six months after the student completes or withdraws from the educational program. (Code of Regulations, Title 5, 437(d))

7. Records shall be destroyed in a way that guarantees they will not be viewed by the public. (Code of Regulations, Title 5, 437)

Access to 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. (Code of Regulations, Title 5, 433(a))

Access to student records and information shall not be denied to a parent/guardian because he/she is not the child's custodial parent/guardian. (Civil Code 4600.5(1)) (Family Code 3025)

Those granted access are prohibited from releasing information to another person or agency without written permission from the parent/guardian or adult student (age 18 or older). (Education Code 49076)

Certificated personnel will be available to interpret records where appropriate. (Title 5, Section 431)

When a parent/guardian's language is not English, the district shall make an effort to:

1. Provide interpretation of the student record in the dominant language of the parent/guardian.

2. Assist the parent/guardian in securing an interpreter.

Access by Consent

Persons, agencies or organizations not afforded access rights may be granted access only through written permission of the adult student or the parent/guardian with custody. (Education Code 49075)

Parental consent is not required when information is shared with other persons within educational institutions, agencies or organizations obtaining access, so long as they have a legitimate interest in the information. (Education Code 49076)

Log (new position)

For each student's record, the school custodian of records shall keep a log identifying all persons, agencies or organizations requesting or receiving information from the record. The log does not have to be signed by:

1. Parents/guardians or adult students.

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

3. Parties obtaining district­approved directory information.

(cf. 5125.1 ­ Release of Directory Information)

4. Parties who provide written parental consent. In this case, the consent notice shall be filed with the record.

5. School officials or employees who have legitimate educational interest.

The log may be inspected by a parent/guardian, the school custodian of records, and certain state/federal officials. (Education Code 49064)

Mandatory Access

The following persons or agencies shall have access to student records:

1. Natural parents, adoptive parents, or legal guardians of students younger than age 18, during school hours within five days of the request. Upon request, qualified certificated staff will be available to interpret the records. (Education Code 49069)

2. Adult students (age 18 or older). (Education Code 49061)

3. Those so authorized in compliance with a court order. (Education Code 49077) If lawfully possible, the district shall first give the parent/guardian or adult student three days' notice, telling who is requesting what records. (Code of Regulations, Title 5, 435(c))

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

1. Natural or adoptive parents of a dependent student age 18 or older. (Education Code 49076)

2. Students 16 or older or who have completed the tenth grade. (Education Code 49076)

3. School officials and employees. (Education Code 49076)

4. School attendance and review board members and involved school officials and employees. (Education Code 49076)

5. Officials or employees of other public schools or school systems where educational programs leading to high school graduation are provided. (Education Code 49076)

6. Federal, state and local officials, as needed for program audits or compliance with law. (Education Code 49076)

7. County child welfare services' workers responsible for the case plan of a minor who is being placed in foster care.

Permitted Access

The district may release information from student records to the following: (Education Code 49076)

1. Appropriate persons in an emergency if health and safety are at stake.

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

3. Accrediting associations.

4. Organizations conducting studies on behalf of educational institutions or agencies, as limited by Education Code 49076.

5. Officials and employees of private schools or school systems where the student is enrolled or intends to enroll, subject to parent/guardian's rights in Education Code 49068. (Education Code 49076)

Notification of Parents/Guardians

Upon initial enrollment and at the beginning of each year thereafter, the district shall notify parents/guardians in writing that they may inspect and review student records during regular school hours with the help of certificated staff when requested. Insofar as practicable, these notices shall be written in the student's home language. Parents/guardians shall also be told where they can be informed about: (Education Code 49063)

1. What types of student records are kept.

2. Where the records are kept.

3. The titles of the officials responsible for maintaining the records.

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

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

6. District policies for reviewing and expunging student records.

7. District procedures for challenging the content of student records.

(cf. 5125.3 ­ Challenging Student Records)

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

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

(cf. 5125.1 ­ Release of Directory Information)

10. Any other rights and requirements set forth in Education Codes 49060­49078, and the right of the 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 the provisions of Section 438 of the Federal Education Provisions Act (20 U.S.C.A. 1232g). (Education Code 49063)

11. The location of all official student records if not centrally located.

12. The availability of qualified certificated personnel to interpret records when requested. (Education Code 49069) (New position ­ this was #11)

Reproduction of Student Records

To provide copies of any student record, the district shall charge a reasonable fee not to exceed the actual cost of reproducing, handling and mailing (if necessary). The custodian of records shall set the fee and update the amount yearly if actual costs change.

No charge shall be made for furnishing 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 record. (Education Code 49065)

Withholding of Records

When school property has been willfully damaged or not returned upon demand, the district shall notify the student's parent/guardian in writing. If reparation is not made, the district may undertake procedures to withhold the student's grades, diploma and transcripts from the student until reparation is made. Such procedures shall parallel those established for student expulsion and afford the student his/her due process rights.

A program of voluntary work shall be available when the student or parent/guardian is unable to pay for the damage. (Education Code 48904)

Withholding of records is to be invoked only when a student leaves the district through transfer or graduation.

Due process in this instance requires that the student and/or parent/guardian:

1. Be notified in writing of the amount of damages due, the means through which responsibility was determined and of the fact that grades, diplomas or transcripts may be withheld until the obligation is satisfied.

2. Be notified that they have the right to "state their case" before the principal if they feel an unfair decision has been made.

3. Be notified that the decision of the principal may be appealed to the appropriate Area Superintendent.

(cf. 5131.5 ­ Vandalism)

(cf. 5144.1 ­ Suspension and Expulsion/Due Process)

(cf. 6161.2 ­ Overdue, Damaged or Lost Instructional Materials)

Transfer of Student Records

1. When a student transfers to another school district or to a private school, this district shall forward a copy of his/her mandatory permanent records as requested by the other district or private school. The original or a copy shall be retained permanently by this district. (Title 5, Section 438)

2. Mandatory interim records also shall be sent upon request to other California public school districts. Mandatory interim records may also be sent to out­of­state or private schools requesting them. (Title 5, Section 438)

3. Permitted records may be sent to any other public school district or private school. (Title 5, Section 438)

4. All student records shall be updated before they are transferred. (Code of Regulations, Title 5, 438(a and b))

5. Parent notification:

a. If the student transfers into the district from any other school district or a private school, this district shall inform the parent/guardian of his/her right to receive a copy of the permanent record received from the former school. The parent/guardian shall also be informed of his/her right to have a hearing in which to challenge the contents of that record. (Code of Regulations, Title 5, 438(a and b))

b. If the student transfers out of state, the custodian of student records shall notify the parents/guardians at their last known address of their right to review, challenge, and receive a copy of the student record, if desired. (HEW Regulation 99.34)

6. Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or parent/guardian. (Code of Regulations, Title 5, 438(c)) If the district has been withholding a transcript from the student for such reasons, that information shall be forwarded to the new school along with the student's record. The district shall also notify the parent/guardian in writing that its decision to withhold grades and transcript will be enforced by the new school. (Education Code 48904.3)

7. The district shall withhold grades, diploma and transcripts from any student transferring into the district whose misconduct caused a previous district to withhold them. When informed by the previous district that lawful compensation has been made, the district shall release these documents. (Education Code 48904.3)

(cf. 5125.2 ­ Withholding Grades, Diploma or Transcripts)

Challenging Content of Student Records

Following inspection and review, the parent/guardian may challenge the content of any student record. (Education Code 49070) The right to challenge becomes the sole right of the student when the student becomes 18 or attends a post secondary institution. (Education Code 49061)

(cf. 5121 ­ Examination/Grading/Rating)

The parent/guardian may file with the Superintendent or designee a written request to correct or remove from his/her child's records any information concerning the child which is alleged to be:

1. Inaccurate.

2. An unsubstantiated personal conclusion or inference.

3. A conclusion or inference outside of the observer's area of competence.

4. Not based on the personal observation of a named person with the time and place of the observation noted. (Education Code 49070)

Within 30 days of receipt of request, the Superintendent or designee shall meet with the parent/guardian and with the employee (if still employed) who recorded the information in question. The Superintendent or designee shall then sustain or deny the allegations. If the allegations are sustained, the Superintendent or designee shall order the correction or removal and destruction of the information. (Education Code 49070)

If the Superintendent or designee denies the allegations, the parent/guardian may write within 30 days to appeal the decision to the Governing Board. Within 30 days of receipt of written appeal, the Board shall meet in closed session with the parent/guardian and the employee (if still employed) who recorded the information in question. The Board shall then decide whether or not to sustain or deny the allegations. If it sustains any or all of the allegations, the Superintendent or designee shall immediately correct or remove and destroy the information from the student's records. (Education Code 49070)

Before any student grade is changed either by the Superintendent or at the decision of the Board, the teacher who gave that grade shall be given the opportunity to say why the grade was given. Insofar as practicable, the teacher shall be included in all discussions related to the grade change. (Education Code 49070)

(cf. 5121 ­ Examination/Grading/Rating)

If the final decision of the Board is unfavorable to the parent/guardian, or if the parent/guardian accepts an unfavorable decision by the Superintendent or designee, the parent/guardian shall have the right to submit a written statement of objections. This statement shall become a part of the student's record until such time as the information in question is removed. (Education Code 49070)

Both the Superintendent and the Board have the option of appointing a hearing panel to assist in the decision making. The hearing panel may be used at the discretion of the Superintendent or the Board provided that the parent/guardian consents to releasing record information to panel members. (Education Code 49070, 49071)

A hearing panel shall be composed of the following persons:

1. A principal of a school other than the one at which the record is on file, who shall serve as chairperson.

2. A certificated employee appointed by the parent/guardian.

3. A parent/guardian appointed by the Board.

The persons appointed to a hearing panel shall, if possible, not be acquainted with the student, his/her parent/guardian or the certificated employee who recorded the information, except when the parent/guardian appoints the person.

The hearing panel shall in closed session, hear the objections to the information of the parent/guardian and the testimony of the certificated employee who recorded the information in question, if any, and if such employee is presently employed by the district. The hearing panel shall be provided with verbatim copies of the information which is subject of the controversy. Written findings shall be made setting forth the facts and decisions of the panel, and such findings shall be forwarded to the Board.

Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the Board unless the parent/guardian initiates legal proceedings relative to the disputed information within the prescribed period.

Release of Directory Information

Directory information which may be disclosed by school officials consists of the following: student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of athletic team members, dates of attendance, degrees and awards received, and most recent previous school attended.

Directory information may be released to the following:

1. Federal, state and local governmental agencies in pursuance of their official duties.

2. Representatives of news media, including but not limited to newspapers, magazines and radio and television stations.

3. Representatives with parent consent.

4. Employers or prospective employers, including military services.

5. Parental school support groups authorized by the school in question.

Under no circumstances shall directory information be disclosed to a private profit­making entity other than employers, prospective employers, and representatives of the news media. Based on its determination of the best interest of the student, the district may limit or deny the release of specific directory information to any public or private nonprofit organization. (Education Code 49073)

Private schools and colleges may be given the names and addresses of 12th grade students and students who are no longer enrolled provided it is not used for other than purposes directly related to academic or professional goals. (Education Code 49073)

Each recipient shall be charged for lists of directory on the basis of district costs. No lists of directory information shall be provided which distinguish students by ethnicity, sex or school program (e.g., GATE, Special Education). All such lists shall be requested in writing and provided through the Office of Student Services.

At the beginning of each school year, all parents/guardians shall be notified as to what directory information may be released regarding any student or former student. Directory information shall not be released regarding any student whose parent/guardian notifies the district in writing that such information may not be disclosed. (Education Code 49073)

Regulation FRESNO UNIFIED SCHOOL DISTRICT

approved: August 26, 1993 Fresno, California

revised: October 27, 1994

revised: January 11, 1996