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062904 |
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STUDENT RECORDS |
FL |
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(LEGAL) |
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'EDUCATION RECORDS'
DEFINED |
For the purposes of this policy, the
term "education records" means those records, files, documents, and
other materials that contain information directly related to a student and
are maintained by an education agency or institution or by a person acting
for such agency or institution. The term "education records"
does not include: 1. Records that contain only information about a
student after he or she is no longer a student in the District. 2. Records made by District personnel that are
kept in the sole possession of the maker, are used only as a personal memory
aid, and are not accessible or revealed to anyone other than a temporary
substitute for the maker of the record. 3. Records maintained by a law enforcement unit of
the District that were created by that law enforcement unit for the purpose
of law enforcement. 20 U.S.C. 1232g; 34 CFR 99.3 |
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LIST OF TYPES AND.
LOCATIONS OF INFORMATION |
The District shall
maintain a list of types and locations of education records and of the titles
and addresses of the officials responsible for those records. 34 CFR 99.6 |
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SCREENING RECORDS |
The principal of each school shall
maintain records of screening for special senses and communication disorders,
spinal screening, and acanthosis nigricans screening for each student in the
school. Records shall be open for inspection by the state or local health
department. The Texas-Mexico Border Health Coordination Office may, directly
or through local health departments, enter a school and inspect records
relating to screening for acanthosis nigricans. Individual screening records
may be transferred among schools in accordance with provisions below
concerning ACCESS BY OTHER PERSONS. 20 U.S.C. 1232(g); Health Code
36.006, 37.003, 95.004; 25 TAC 37.148(n), 37.149(a) [See FFAA] |
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IMMUNIZATION RECORDS |
The District shall maintain an
individual immunization record during the period of attendance for each
student admitted. The records shall be open for inspection at all reasonable
times by the Texas Education Agency or by representatives of local health
departments or the Texas Department of Health. The District shall cooperate
with other districts in transferring student's immunization records between
other schools. Specific approval from students, parents, or guardians is not
required prior to making such record transfers. Education Code 38.002
[See FFAB] |
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MEDICAL RECORDS |
The parent or guardian of a student is
entitled to access to the student's medical records maintained by the
District. On request of a student's parent or guardian, the District shall
provide a copy of the student's medical records to the parent or guardian.
The District may not impose a charge that exceeds the amount authorized by
Section 552.261 of the Government Code [see GBA(EXHIBIT)].
Education Code 38.0095 |
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PRIVACY RULE FOR
NON-'EDUCATION RECORDS' |
To the extent the
District is a covered entity under the Health Insurance Portability and
Accountability Act (HIPAA), the District must comply with the Privacy Rule,
45 CFR Part 164, with respect to protected health information that is not an
education record. 45 CFR 160.103, 164.501 [See CRD] |
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ASSESSMENT INSTRUMENTS |
The results of
individual student performance on basic skills assessment instruments or
other achievement tests administered by the District are confidential and may
be made available only to the student, the student's parent or guardian, and
to the school personnel directly involved with the student's educational
program. However, overall student performance data shall be aggregated by
ethnicity, sex, grade level, subject area, campus, and District, and made
available to the public, with appropriate interpretations, at regularly
scheduled Board meetings. The information may not contain the names of
individual students or teachers. Education Code 39.030(b) [See EKB] |
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ACADEMIC ACHIEVEMENT
RECORD (GRADES 9-12) |
The District shall use the academic
achievement record (transcript) form adopted by the State Board. This form
shall serve as the academic record for each student and shall be maintained
permanently by The District. Copies of the record shall be made available to
students transferring to another district. The information may be provided to
the student or to the receiving district or to both. The District shall
respond promptly to all requests for student records from receiving districts.
19 TAC 74.14(b) [See El] |
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ACCESS TO EDUCATION
RECORDS |
Access to the education records of a
student who is or has been in attendance at a school in the District shall be
granted to the parent of the student who is a minor or who is a dependent for
tax purposes. "Parent" includes a natural parent, a guardian, or an
individual acting as a parent in the absence of a parent or guardian. 34
CFR 99.3(b), 99.31(a)(8) The District shall presume that a
parent has authority to inspect and review the student's records unless it
has been provided with evidence that there is a court order, state statute,
or legally binding document that specifically revokes these rights. A court
may order the custodian of records to delete all references in a child's
record; to the place of residence of either party appointed as conservator
before their release to another party appointed as conservator. 34 CFR
99.4; Family Code 153.012, 153.073 A parent is entitled to access to all
written records of the District concerning the parent's child, including
attendance records, test scores, grades, disciplinary records, counseling
records, psychological records, applications for admission, health and
immunization information, teacher and counselor evaluations, and reports of
behavioral patterns. Education Code 26.004 |
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ACCESS BY STUDENT |
Whenever a student has attained 18
years of age or is attending an institution of postsecondary education, the
rights accorded to, and consent required of, parents transfer from the
parents to the student. 34 CFR 99.5 If material in the education record of
a student includes information on another student, only the portion of the
material relating to the student whose records were requested may be
inspected and reviewed. 34 CFR 99.12(a) |
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REQUEST PROCEDURE |
Upon request of a properly qualified
individual, access to a student's education record shall be granted within a
reasonable period of time, not to exceed 45 days. The District shall respond
to reasonable requests for explanations and interpretations of the records. 34
CFR 99.10 |
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ACCESS BY OTHER
PERSONS |
Personally identifiable information in
education records shall not be released without the written consent of the
student's parents, except to the following: 1. School officials, including teachers, who have
legitimate educational interests. An administrator, nurse, or teacher is
entitled to access to a student's medical records maintained by the District
for reasons determined in District policy. Education Code 38.009 [See DMA] 2. Officials of other schools or school systems in
which the student seeks or intends to enroll, provided that the District
either: a. Includes in its policies a statement that
notifies the parent or student that it forwards education records on request
of the other school to such officials; or b. Makes a reasonable attempt to notify the parent
(unless the record transfer is initiated by the parent). In either case, the District shall
furnish a copy of the transferred records to the parent if requested, and
give the parent an opportunity for a hearing to challenge the content of the
record. 3. Authorized representatives of the Comptroller
General of the United States, the Attorney General of the United States, the
Secretary of Education, or state and local educational authorities who
require access to student or other records necessary in connection with the
audit and evaluation of federal- or state-supported education programs or in
connection with the enforcement of or compliance with federal legal
requirements that relate to such programs. 34 CFR 99.31, 99.35 4. Personnel involved with a student's application
for, or receipt of, financial aid. 5. State and local officials to whom such
information is specifically allowed to be reported or disclosed by state
statute adopted: a. Prior to November 19, 1974, if the allowed
reporting or disclosure concerns the juvenile justice system and its ability
to effectively serve the student whose records are released, or b. After
i.
The
allowed reporting or disclosure concerns the juvenile justice system and its
ability to effectively serve, prior to adjudication, the student whose
records are released; and
ii.
The
officials and authorities to whom such information is disclosed certify in
writing to the District that the information will not be disclosed to any
other party except as provided under state law without the prior written
consent of the parent of the student. 20 U.S.C. Sec. 1232g (b)(1)(E) 6. Organizations conducting studies for
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student aid
programs, and improving instruction. Such studies must be conducted so that
personal identification of students and their parents will not be revealed to
persons other than authorized personnel of the organizations conducting the
studies. Such information must be destroyed when no longer needed for the
original purposes of the studies. 7. Accrediting organizations that require the
information for purposes of accreditation. 8. Parents of a student who is a dependent for tax
purposes. 9. Appropriate persons who, in an emergency, must
have such information in order to protect the health or safety of the student
or other person. 10. Any person requesting directory information
after the District has given public notice of that definition. 34 CFR
99.31, 99.37 The parent shall provide a signed and
dated written consent before the District discloses personally identifiable
information from a student's education records to any individual, agency, or
organization other than the parent, the student, or those listed above. Such
consent shall specify records to be released, the reason for such release,
and to whom the records are to be released. 34 CFR 99.30, 99.31 |
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SUBPOENAED RECORDS |
The District shall release student
records to an entity or persons designated in a subpoena. The District shall
not disclose to any person the existence or contents of the
subpoena if a court orders the District to refrain from such
disclosure. Unless the court or other issuing agency orders the District to
refrain from such disclosure, the District shall notify the parents and the
student of all such subpoenas in advance of compliance. 20 U.S.C.
1232g(b)(1)(J), (b)(2)(B) |
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TRANSFER NOT PERMITTED |
Personal information from student
education records shall be transferred to a third party only on the condition
that such party will not permit any other party to have access to such
information without the written consent of the student's parent. If a third
party permits access to information in violation of this policy, the District
shall not permit access to information from education records to that third
party for a period of not less than five years. 20 U.S.C. 1232g(b)(4)(B) |
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RECORD OF ACCESS TO
STUDENT RECORD |
Each school shall maintain a record,
kept with the education record of each student, that
indicates all individuals, agencies, or organizations that have requested or
obtained access to a student's education records. The records shall include
at least the name of the person or agency that made the request and the
legitimate interest the person or agency had in the information. The record
will be maintained as long as the District maintains the student's education
record. The record of access shall be available only to parents, school
officials responsible for custody of the records, and those state, local, and
federal officials authorized to audit the operation of the system. 20
U.S.C. 1232g The record shall not include requests
for access by, or access granted to, parents of the student or officials of
the District, requests accompanied by prior written consent of the parent, or
requests for directory information. 34 CFR 99.32 |
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RIGHT TO AMEND RECORDS |
The parent of a student whose records
are covered by this policy may ask the District to amend the student's record
if the parent believes it contains information that is inaccurate,
misleading, or in violation of the student's right of privacy or other
rights. If the District decides not to amend the education records requested,
it shall inform the parent of its decision and his or her right to a hearing
to challenge the content of the student's education records. If the District decides to amend the
records as a result of the hearing, it shall inform the parent in writing.
If, as a result of the hearing, the District decides not to amend the
records, it shall inform the parent of the right to place a statement in the
records commenting on the contested information and/or stating why the parent
disagrees with the decision of the District. Any explanation shall be
maintained with the contested part of the record for as long as the record is
maintained and shall be disclosed whenever the contested portion of the
record is disclosed. 34 CFR 99.20, 99.21 |
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ANNUAL NOTIFICATION OF
RIGHTS |
The District shall
give parents of students in attendance and eligible students in attendance
annual notification of their rights under the Family Educational Rights and
Privacy Act of 1974 and of the places where copies of this policy may be
located, including notice of the right to file complaints concerning alleged
failures by the District to comply with the provisions of the Act. The
District shall effectively notify parents of students who have a primary or
home language other than English. 20 U.S.C. 1232g(e); 34 CFR 99.7 |
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DIRECTORY INFORMATION |
"Directory information"
means information contained in an education record of a student that would
not generally be considered harmful or an invasion of privacy if disclosed.
Directory information includes, but is not limited to, the student's name,
address, telephone listing, electronic mail address, photograph, date and place
of birth, dates of attendance, grade level, enrollment status, participation
in officially recognized activities and sports, weight and height of members
of athletic teams, honors and awards received, and the most recent
educational agency or institution attended. The District may release information
if it has given public notice of: 1. The types of personally identifiable
information that it has designated as directory information. 2. The right of the parent to refuse to permit the
District to designate any or all of that information about the student as
directory information. 3. The period of time within which the parent must
notify the District in writing that he or she does not want any or all of
those types of information about the student designated as directory
information. 34 CFR 99.3, 99.37 |
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STUDENT RECRUITING
INFORMATION |
Notwithstanding the DIRECTORY
INFORMATION provisions above, each district receiving assistance under
the Elementary and Secondary Education Act of 1965 (ESEA) shall provide, on a
request made by military recruiters or an institution of higher education,
access to secondary school students' names, addresses, and telephone
listings. A secondary school student or the
parent of the student may request that the student's name, address, and
telephone listing described above not be released without prior written
parental consent, and the District shall notify parents of the option to make
a request and shall comply with any request. No Child Left Behind Act of 2001
Sec. 9528, Pub. L. No. 107-110, 115 Stat. 1983 (2002) (to be codified at 20
U.S.C. 7908) |
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FEES FOR COPIES |
No fee shall be charged to search for
or to retrieve the education records of a student. A fee may be charged for
copies of education records that are made for the parents or students under
this policy provided that the fee does not effectively prevent them from
exercising their right to inspect and review those records. Hardship cases
shall be dealt with on an individual basis. 20 U.S.C. 1232g; 34 CFR 99.11;
Education Code 26.012 |
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DESTRUCTION OF RECORDS |
The District shall not
destroy any education records if there is an outstanding request to inspect
and review the records. 34 CFR 99.10(e) |
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RECORDS OF STUDENTS
WITH DISABILITIES |
The District shall
permit parents to inspect and review education records collected, maintained,
or used for purposes of identifying, evaluating, placing, or educating
students with disabilities. 34 CFR 300.562(a) |
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ACCESS RIGHTS |
In addition to policies applicable to
all student records, the following guidelines shall apply when parents of a
student with disabilities request to review or inspect District records
relating to the education of their child: 1. Parents may request that a representative
inspect and review the records. 34 CFR 300.562(b)(3) 2. The District shall comply with a request
without unnecessary delay and before any meeting regarding an individualized
education program (IEP) or hearing relating to the identification, evaluation,
or placement of the child. 34 CFR 300.562(a) 3. The District shall keep a record of
persons obtaining access to these student records (except access by parents
and authorized employees), including name, date of access, and the purpose
for which the person is authorized to use the records. 34 CFR 300.563 |
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ACCESS RECORD |
The date of access
shall be included in the access record. 34 CFR 300.563 |
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PARENTAL CONSENT |
Parental consent must
be obtained before personally identifiable information is used for any
purpose other than meeting a requirement under the Individuals with
Disabilities Education Act or disclosed to anyone other than officials of
agencies collecting or using this information. The District may not release
information from these records without parental consent except as provided in
the Family Educational Rights and Privacy Act (FERPA). 34 CFR
300.571 |
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VIDEOTAPES AND
RECORDINGS |
The District employee must obtain
written consent of a parent before the employee may make or authorize a
videotape of a child or a recording of a child's voice. Education Code
26.009(a)(2) [See EHA, FM, and FO for exceptions] |
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CONFIDENTIALITY |
The District shall protect the
confidentiality of personally identifiable information in collection,
storage, disclosure, and destruction of records. One official in the District
shall assume responsibility for ensuring confidentiality of personally
identifiable information. All persons collecting or using this information
shall receive training or instruction concerning the legal requirements
involved in handling these records. The District shall maintain for public
inspection a current listing of the names and positions of employees who may
have access to this information. 34 CFR 300.572 |
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RECORDS RETENTION |
The District shall retain education
records of students with disabilities for at least five years after the
student's graduation or dismissal from special education. 34 CFR 75.734 |
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DESTRUCTION OF
INFORMATION |
The District shall inform parents when
personally identifiable information collected, maintained, or used to provide
special education and related services is no longer needed to provide
educational services to the student. Such information shall be destroyed at
the request of the parents, unless the five-year retention period has not
expired. In that case, personally identifiable information shall be deleted
from the records, but they shall not be destroyed. A permanent record of the student's
name, address, phone number, grades, attendance record, classes
attended, grade level completed, and year completed may be maintained without
time limitation. 34 CFR 300.573, 75.734 |
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INFORMATION FROM LAW ENFORCEMENT |
Upon receipt of confidential notice
from a law enforcement agency that it has arrested a student or referred a
student to the juvenile board for any felony offense or other specified
offense [see GRA], the Superintendent shall promptly notify all
instructional and sup-port personnel who have responsibility for supervising
the student. All personnel shall keep the information received confidential. The Superintendent or a person
designated by the Superintendent may send the information in the notice to a
District employee having direct supervisory responsibility over the student
if the Superintendent or designee determines that the District employee needs
the information for educational purposes or for the protection of the person
informed or others. When the Superintendent or designee
receives information from a prosecuting attorney of a student's conviction or
adjudication of delinquent conduct for a felony offense or other specified
offense, the Superintendent or designee shall promptly notify all instructional
and support personnel who have regular contact with the student. Code of Criminal Procedure
15.27(a)-(d), (h) A person who receives information
described above shall not disclose it except as specifically authorized by
Article 15.27. Code of Criminal Procedure 15.27(a)-(d) Information received by the District
under this provision shall not be attached to the permanent academic file of
the student who is the subject of the report. The District shall destroy the
information at the end of the academic year in which the report was filed. Education
Code 37.017 |
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DUTY TO FLAG RECORDS |
Upon receipt of
notification from a law enforcement agency or the missing children and
missing persons information clearinghouse that a child who attended or who is
enrolled in the school is missing, the school shall flag the child's records
and maintain the records in its possession so that on receipt of a request
regarding the child, the school will be able to notify law enforcement or the
missing children and missing persons information clearinghouse that a request
for a flagged record has been made. |
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REQUEST IN PERSON |
When a request for a flagged record is
made in person, the school may not advise the requesting party that the
request concerns a missing child and shall: 1. Require the person requesting the flagged
record to complete a form stating the person's name, address, telephone
number, and relationship to the child for whom a request is made, and the
name, address, and birth date of the child; 2. Obtain a copy of the requesting party's
driver's license or other photographic identification, if possible; 3. If the request is for a birth certificate,
inform the requesting party that a copy of a certificate will be sent by
mail; and 4. Immediately notify the appropriate law
enforcement agency that a request has been made concerning a flagged record
and include a physical description of the requesting party, the identity and
address of the requesting party, and a copy of the requesting party's
driver's license or other photographic identification. After providing the information listed
above, the school shall mail a copy of the requested record to the requesting
party on or after the 21st day after the date of the request. |
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REQUEST IN WRITING |
When a request for a
flagged record is made in writing, the school may not advise the requesting
party that the request concerns a missing child and shall immediately notify
the appropriate law enforcement agency that a request has been made
concerning a flagged record and provide to the law enforcement agency a copy
of the written request. After providing the notification, the school shall
mail a copy of the requested record to the requesting party on or after the
21st day after the date of the request. |
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REMOVAL OF FLAG |
On the return of a missing child under
11 years of age, the law enforcement agency shall notify each school that has
maintained flagged records for the child that the child is no longer missing.
On receipt of this notification, the school shall remove the flag from the
records. A school that has reason to believe
that a missing child has been recovered may request confirmation that the
missing child has been recovered from the appropriate law enforcement agency
or the missing children and missing persons information
clearinghouse. If a response is not received after the 45th day after the
date of the request for confirmation, the school may remove the flag from the
record and shall inform the law enforcement agency or the missing children
and missing persons information clearinghouse that
the flag has been removed. Human Resources Code
79.019–79.020 |
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DATE
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UPDATE
69 |
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FL
(LEGAL)—P |
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