In recognition of the confidential nature of
student education records, no person or agency may access student
education records without prior written consent from the student’s
parent or guardian or eligible student (a student eighteen years of age
or older) except as set forth in state or federal law and this policy.
he Superintendent or designee shall provide for
the proper administration of student records in accordance with law,
develop appropriate procedures for maintaining student records and
standardize procedures for the collection and transittal of necessary
information about individual students throughout the District. Building
principals shall assist the superintendent in developing the student
records system, maintaining and protecting the records in his or her
building and developing protocols for release of student education
records.
Content and Custody of Records
The building principal is the official custodian of student education records in his or her building.
Student education records in all formats and
media, including photographic and electronic, are those records that
directly relate to a student and may contain, but will not necessarily
be limited to, the following information: identifying data; academic
work completed; level of achievement (grades, standardized achievement
test scores); attendance data; scores on standardized intelligence,
aptitude, and psychological tests; interest inventory results; health
data and medical information; family background information; teacher or
counselor ratings and observations; reports of serious or recurrent
behavior patterns; and any individual education program (IEP).
All requests for inspection and review of
education records, and requests for copies of such records, as well as
disclosure of personally identifiable information, shall be maintained
as a part of each student’s record, except as provided by law. (Such
request/disclosure of records shall be made available to the
parent/guardian or eligible student upon request, in accordance with the
following requirements.)
School personnel shall use reasonable methods to
authenticate the identity of parents, students, school official and any
other party to whom they disclose student education records.
Authentication of identity prior to dislosure of student electronic
records through passwords or other security measures is required.
Access to Records
A parent or guardian shall be able to inspect and
review the student’s education records if the student is under 18 years
old or if the disclosure is in connection with a health or safety
emergency. However, if a student is 18 years old or older, the student
may inspecthis/her own records and, unless the student is claimed by a
parent/guardian as a dependent for federal income tax purposes, his/her
written permission shall be necessary in order for his/her parents or
guardian to inspect them. Such student 18 years old or older shall be
known as an “eligible student.”
In case of doubt as to whether the records are open to inspection, the custodian shall confer with the School District attorney.
The building principal shall provide such
personnel as are necessary to give explanations and interpretations of
the education records when requested by parents/guardians or the
eligible student. (Only licensed personnel such as the assistant
principal or counselor shall be so designated.)
In all cases where access to education records is
requested, except as provided in this policy, a written request to see
the records must be made by the parent/guardian or eligible student. The
principal, upon receipt of the written request, shall provide access to
inspect and review the records and set a date and time for such
inspection and review. In the absence of extenuating circumstances, the
date set will be within three working days after the request has been
made. The person examining the records shall do so in the presence of
the principal and/or other person(s) designated by him or her.
The record itself shall not be taken from the
school building. However, upon request, one copy of the record shall be
provided within a reasonable time to the parent/guardian, eligible
student, or properly designated third person at a cost not to exceed
$.25 cents per page to be determined by the superintendent or designee.
Requests to Amend Education Records
Parents/guardians or eligible students who believe
that information contained in the education records of a student is
inaccurate or misleading, or violates the privacy or other rights of the
student, may request that the District amend the records, but grades
cannot be challenged pursuant to this policy. Parents/guardians or
eligible students shall make such requests in writing to the building
principal or, in the case of evaluation data resulting from assessment
related to identification of a disability, to the director of Special
Education. The request to amend a student’s education records must
clearly identify the part of the record they want changed and specify
why it is inaccurate, misleading or otherwise violates the privacy
rights of the student and must be made in writing within ten school days
of the date the records were first examined unless additional time is
granted by the District for good cause shown. If the principal or
director of Special Education denies the request to amend the records,
the parent/guardian or eligible student may request a formal hearing. A
request for a formal hearing must be made in writing within ten school
days of the denial and be addressed to the superintendent or designee.
The hearing will be held in accordance with the procedures set forth in
the regulation accompanying this policy.
Disclosure without Written Consent
The District may disclose student education
records, security video, and/or personally identifiable information
contained therein without written consent of the parent/guardian or
eligible student only if the disclosure meets one of the following
conditions:
1. The disclosure is to
a school official within the District having a legitimate educational
interest in the education record or the personally identifiable
information contained therein. A “school official” for purposes of this
policy is a person employed by the District as an administrator,
supervisor, instructor, or support staff member, including health or
medical staff; a person serving on the Board of Education; a person or
company with whom the District has contracted to perform specialized
tasks (such as attorneys, auditors, consultants, and health care
providers); or a parent/guardian or student serving on an official
committee or assisting another school official in performing his or her
tasks.
- For
purposes of this policy, a school official is determined to have a
“legitimate educational interest” if disclosure to the official is: (1)
necessary for that official to perform appropriate tasks that are
specified in his or her position description or by a contract agreement;
(2) used within the context of official School District business and
not for purposes extraneous to the official’s areas of responsibility;
(3) relevant to the accomplishment of some task or to a determination
about the student; and (4) consistent with the purposes for which the
data are maintained.
2. The
disclosure is to officials of another school or school system or
institution of postsecondary education, to which the student moves,
transfers, makes application to transfer, or otherwise seeks to enroll.
Copies of such records shall be provided to the parent/guardian or
eligible student upon their request. The records may include data
concerning standardized tests; scholastic achievement; disciplinary
information; or medical, psychological, or sociological information. Any
records sent during the student’s application or transfer period may be
supplemented, updated or corrected as necessary.
3. The disclosure is
to authorize representatives of the Comptroller General of the United
States, the Attorney General of the United States, the Secretary of the
U.S. Department of Education, and state educational authorities.
4. The disclosure is
to state and local officials and concerns the juvenile justice system’s
ability to effectively serve, prior to adjudication, the student whose
records are disclosed as provided under the Colorado Open Records Act
and Colorado Children’s Code. Such records and personally identifiable
information shall only be disclosed upon written certification by the
officials that the records and information will not be disclosed to any
other party, except as specifically authorized or required by law,
without the prior written consent of the parent/guardian or eligible
student.
5. The disclosure is
to representatives of entities to which a student has applied for or has
received financial aid when the disclosure is for the purpose of
determining the amount, conditions, eligibility, or enforcement of the
terms of the aid.
6. The disclosure is to accrediting organizations for accrediting functions.
7. The disclosure is
to organizations conducting studies for, or on behalf of, educational
agencies or institutions to develop, validate or administer predictive
tests; to administer student aid programs; or to improve instruction.
8. The disclosure is
to comply with a judicial order or lawfully issued subpoena. Unless
otherwise specified in the order or subpoena, the District shall make a
reasonable effort to notify the parent/guardian or eligible student
prior to complying with the subpoena or order.
9. The disclosure is
in connection with an emergency, if knowledge of the information
disclosed is necessary to protect the health or safety of the student or
other persons.
10. The disclosure is of information designated by this policy to be directory information.
Nothing in this policy shall prevent school
officials from disclosing information derived from personal knowledge or
observation.
Disclosure of Directory Information
The District may disclose directory information
from a student’s education record without written consent of the
parent/guardian or eligible student in accordance with the following
provisions:
- “Directory information” is information
contained in a student’s education record 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, e-mail
address, gender, date and place of birth, grade level, participation in
officially recognized sports and activities, height and weight of
athletic team members, school years attended and degrees, awards,
honors, and other distinctions received. Directory information also
includes a Student ID number or other unique personal identifier used by
the student to access or communicate in electronic systems, but only if
the identifier cannot be used to gain access to education records
except when used in conjunction with one or more factors that
authenticate the user’s identity, such as a password. The addresses,
telephone numbers, and photograph of students in elementary or secondary
schools shall not be disclosed without the express written permission,
utilizing the appropriate form, of the parent/guardian, except to law
enforcement agents conducting an investigation of a student if the
agents show that it is necessary for the investigation to have access to
that information.
-
>The parent of a student or an
eligible student, while the student is in attendance in the Douglas
County School District, has the option of denying the publication of a
student’s directory information, including publishing directory
information on the school website, by submitting a request, in writing,
to the building principal or District registrar, utilizing the
appropriate form, at least 20 days in advance of disclosure.
Limitation of Disclosure
Personally identifiable information from a
student’s education records shall be disclosed only on the condition
that the party to whom disclosure is made will not disclose the
information to any other party without the prior written consent of the
parent/guardian or the eligible student.
Disclosure of Disciplinary Information to School Personnel
In accordance with state law, the principal or
designee is required to communicate disciplinary information concerning
any student enrolled in the school to any teacher who has direct contact
with the student in the classroom and to any counselor who has direct
contact with the student. The purpose of this requirement is to keep
school personnel apprised of situations that could pose a risk to the
safety and welfare of others.
Any teacher or counselor to whom disciplinary information is reported
shall maintain the confidentiality of the information and shall not
communicate it to any other person. The principal or designee is
required to inform the student and the student’s parent when
disciplinary information is communicated and to provide a copy of the
disciplinary information. The student and/or the student’s parent may
challenge the accuracy of such disciplinary information through the
process outlined in the notice to parents and students of rights
concerning student school records (JRA/JRC-R).
Disclosure to Medicaid
In all cases in which a student is enrolled in the
Colorado Medicaid program, the District shall release directory
information consisting of the student’s name, date of birth and gender
to the Colorado Department of Health Care Policy and Financing
(Colorado’s Medicaid agency) to verify Medicaid eligibility of students.
The District shall obtain one-time written consent from a parent before
the release of any non-directory information required for submitting
claims for the School Medicaid Reimbursement Program. After obtaining
the one-time written consent from the parent, the District shall provide
annual notification to parents advising them of their rights with
respect to the District’s ability to access public benefits.
Disclosure to Criminal Justice Agencies
The superintendent or designee is authorized by
law to share disciplinary and attendance information with a criminal
justice agency investigating a criminal matter concerning a student
enrolled or who will enroll in the School District when necessary to
effectively serve the student prior to trial. Such information shall
only be shared upon written certification by the criminal justice agency
that the information will not be disclosed to any other party, except
as specifically authorized or required by law, without the prior written
consent of the student’s parent/guardian.
School Security as Law Enforcement Units
Douglas County School District’s School Safety and
Security Office employs security staff to monitor safety and security
in and around schools and is the designated “law enforcement unit.” All
investigative reports and other records created and maintained by
security are not considered education records under Family Educational
Rights to Privacy Act (FERPA). Accordingly, schools may disclose
information from law enforcement unit records to others, including
outside law enforcement authorities, without parental permission and in
accordance with law. Law enforcement unit officials who are employed by
the school are designated as “school officials” with “legitimate
educational interest.” As such, they may be given access to personally
identifiable information from students’ education records.
Security Videos
DCSD’s School Safety and Security Office may use
security cameras as a tool to monitor and improve safety. Images of
students captured on security videotapes that are maintained by the
school’s law enforcement unit are not considered education records under
FERPA. Accordingly, these videotapes may be shared with parents of
students whose images are on the video and with outside law enforcement
authorities as the school law enforcement unit deems appropriate.
Disclosure to the Colorado Commission on Higher Education (CCHE)
On or before December 31 of each school year, the School District
shall disclose to the CCHE the names and mailing addresses of those
students enrolled in the eighth grade for use in mailing the notice of
postsecondary educational opportunities and higher education admission
guidelines as required by state law.
Disclosure to Military Recruiting Officers
Names, addresses, and home telephone numbers of
secondary school students shall be released to military recruiting
officers for any branch of the United States Armed Forces within 90 days
of the request unless the student submits a request, in writing, that
such information not be released. Reasonable and customary actual
expenses directly incurred by the District in furnishing this
information shall be paid by the requesting service.
Disclosure to Other Parties
The District shall not disclose student education
records to individuals or parties other than those listed above and in
accordance with federal and state law without prior written consent of
the parent/guardian or eligible student. Such written consent shall be
signed and dated and shall specify the records that may be disclosed,
state the purpose of the disclosure, and identify the party or class of
parties to whom the disclosure may be made.
Annual Notification of Rights
The District, at the beginning of each academic
year, will notify all parents/guardians and eligible students of their
rights under this policy. Copies of this policy, and related forms, may
be obtained from the office of the superintendent at any time during
normal business hours. Complaints regarding violations of rights
accorded parents/guardians and eligible students pursuant to the Family
Educational Rights and Privacy Act may be submitted to the Family Policy
Compliance Office, United States Department of Education, 400 Maryland
Ave., S.W., Washington, D.C. 20202-5901.
Special Education Records
The parents of a student with disabilities must be
informed when student records related to special education assessments
and services are no longer needed to provide educational services to the
student and are scheduled for destruction consistent with the DCSD
records destruction policies and procedures. Nevertheless, the student’s
name, address, phone number, grades, attendance record, classes
attended, grade level completed, and year completed may be retained even
when all other personal identifiers have been removed from a student’s
records. No record will be destroyed by the removal of personal
identifiers while still needed to provide educational services to a
student.
Governing Law
The District shall fully comply with FERPA and its
regulations and shall be entitled to take all actions and exercise all
options authorized under the law. In the event this policy does not
address a provision in FERPA, or is inconsistent with or in conflict
with federal or state law or regulation, the provision of state and
federal law shall control.
Adopted: November 21, 1978
Revised: September 7, 1982
Revised: November 15, 1994
Revised: August 20, 1996
Revised: July 20, 1999
Revised: August 7, 2001
Revised: June 3, 2003
Revised: June 3, 2008
Revised: June 16, 2009
Revised: August 16, 2016, to conform to current law
LEGAL REFS.:
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g and Regulations
34 C.F.R. 99.1 et seq.
34 C.F.R. Regs. 76.734, (FERPA Regulations) 330-610-627
Colorado Public Records Act, C.R.S. 24-72-201 et seq.
20 U.S.C. 7908 (military recruiter information contained in No Child Left Behind Act of 2001)
C.R.S. 19-1-303 and 304 (records and information sharing under Colorado Children’s Code)
C.R.S. 22-1-123 (district shall comply with FERPA)
C.R.S. 22-32-109 (1)(ff) (duty to establish policy on disclosing
eighth grade students names and mailing addresses to the Colorado
Commission on Higher Education)
C.R.S. 22-32-109.1(6) (duty to establish policy on sharing information consistent with state and federal law in the interest of making schools safe)
C.R.S. 22-32-109.3 (2) (duty to share disciplinary and attendance information with criminal justice agencies)
C.R.S. 22-33-106.5 (court to notify of conviction of crime of violence and unlawful sexual behavior)
C.R.S. 22-33-107.5 (school district to notify of failure to attend school)
C.R.S. 25.5-1-116 (confidentiality of H.C.P.F. records)
1 C.C.R. 301-8, rule 2220-R-6.01 (Confidentiality of Information)