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216. STUDENT RECORDS
1
No. 216
SECTION: PUPILS
TITLE: STUDENT RECORDS
ADOPTED: March 5, 2007
REVISED: February 4, 2010
1. Purpose
2. Authority
SC 1303a,
1305-A,
1306-A, 1402,
1409, 1532,
1533
20 U.S.C.
Sec. 1232g
34 CFR 99
Title 22
Sec. 4.52,
12.31,
3. Definitions
216. STUDENT RECORDS
The educational interests of the pupil and of society require the
collection, retention, and use of information about individual
pupils and groups of pupils. The welfare and progress of pupils
is inextricably related to the maintenance of a thorough and
efficient system of public schools; the latter cannot be achieved
nor assessed in the absence of appropriate information about
the former.
It is no less the interest of society to protect the right of each of
its members against an unwarranted invasion of privacy. The
primary purpose of pupil recordkeeping shall be the
educational welfare and advancement of the pupil.
The district recognizes the need to protect the confidentiality of
personally identifiable information in student educational
records. This policy has been developed to ensure
student/parent/guardian privacy rights and incorporates
provisions from regulations of the Pennsylvania State Board of
Education (PA Code 22, Chapter 12) in compliance with the
Family Educational Rights and Privacy Act of 1974, and
Buckley Pell Amendments of 1975.
Directory Information - student's name, address, date and
place of birth, major field of study, participation in recognized
activities and sports, weight and height (members of athletic
teams), dates of attendance, awards record, and other relevant
information.
Educational Records - records directly related to student
achievement and maintained by the school or by a party acting
for the school. (Exclusions: memory aids in the sole
possession of the maker and not accessible to or revealed by
any other individual except the substitute, and records which
contain only information relating to alumni accomplishments.)
EASTON AREA
SCHOOL DISTRICT
216. STUDENT RECORDS
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4. Guidelines
Disclosure - communication of information from student
education records: orally, in writing, or by any other means to
any party.
Eligible Student - student who has attained eighteen (18)
years of age or is attending an institution of postsecondary
education. When the student has attained eligible student
status, rights accorded to and parent/guardian consent
required shall thereafter only be accorded to and required of
the eligible student.
Parent - parent/guardian, or an individual acting as the parent
in absence of the parent or guardian. The school presumes
that either parent has the authority to inspect and review
student education records unless the school has evidence that
there is a contrary legally binding instrument or state law or
court order governing divorce, separation, or custody.
School Officials - professional staff: certified teachers,
administrative personnel, counselors, speech therapists,
psychologists, home and school visitor, and nurses and dental
hygienist. Excluded: student teachers and volunteers.
Parents’/Guardians’ permission must be obtained by student
teachers for preparation of case histories to fulfill college
requirements.
Elimination - physical destruction or permanent removal of
personally identifiable educational records.
Legitimate Educational Interest - purposeful educational
involvement and direct responsibility for providing instructional
or supportive services.
COLLECTING, MAINTAINING, DISSEMINATING,
AND ELIMINATING STUDENT EDUCATIONAL RECORDS
Data Collection
No information should be collected from students without the
prior informed consent of the student (when reasonably
competent to understand the nature and consequences of the
decision) and parent/guardian. Either representative or
individual consent may be obtained for data collection.
Representational Consent –
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Data gathering may be approved under certain circumstances
by appropriately elected representatives (i.e. Board of School
Directors); aptitude and achievement testing and reporting of
skill and knowledge obtained by such testing are considered
examples of this category. School officials should notify, in
advance, parents/guardians/eligible students of the total testing
program and other data gathering including procedures
approved by their elected representatives.
Parents/Guardians/Eligible students will be guaranteed
reasonable opportunity to contest necessity or desirability of
such data collection.
Individual Consent –
Tests or assessments not included in the Board-approved
internal group testing program and any other survey-type data
collection procedures not specifically preapproved (Board of
School Directors) as part of the internal testing program or
state mandated programs and procedures require the
individual student consent. Permission for psychological
examination (by individual consent) is the responsibility of one
(1) internal referring source. Individual consent must always be
in writing. District standardized forms are to be appropriately
completed and placed in the student's cumulative record.
Whenever student anonymity is required/desirable, either by
school officials or outside agencies,
students/parents/guardians must be promptly notified that
participation in data collection is entirely voluntary and
anonymous.
Data collection instruments and procedures must be carefully
reviewed to determine whether individual consent should be
required.
Classifying/Maintaining Student Records
Classification Categories –
All inserts placed in cumulative record or other depositories
must be classified as follows:
Category A
Administrative Records
Category B
Supplementary Records
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Category C
Discipline Records
Category D
Tentative Unevaluated Current Data
Category E
Confidential Files (privileged information)
Questions/Concerns/Differences of opinion about classification
of a specific record must be referred to the Director of Pupil
Services.
Security And Policy Implementation
The Director of Pupil Services is responsible for the
supervision of designated personnel who collect, maintain,
secure, and release student records. (See policy statements
below for designated personnel responsible for collecting,
maintaining, securing, and eliminating student records.)
Responsibility And Authority
The Director of Pupil Services shall be responsible and have
the final authority for collecting, classifying, storing, and
releasing accurate and educational useful data in student files.
Appeal from any decision by the Director of Pupil Services may
be referred to the Superintendent who may grant exceptions.
Parents/Guardians and eligible students will be notified
annually on the District’s web site during the first week of the
school year of district policies and procedures regarding
student educational records, data collected through
representational consent, conditions for disclosure of
information, access rights or rights of
parents/guardians/eligible students to educational records and
notice of where the student records policy may be obtained.
Collecting, Classifying, And Inspecting Records
Student information shall be collected only with the
representational or individual consent and separated into one
(1) of the following classifications. Parents/Guardians or
students objecting to any of the categories or content of data
collected have the right of appeal and/or procedural hearing.
Parents/Guardians or eligible students who wish to file policy
compliance complaints should contact the Director of Pupil
Services. If further appeal is necessary, the parent/guardian or
eligible student may contact the Family Policy Compliance
Office, U.S. Department of Education, 400 Maryland Avenue
SW,
Washington, DC 20202-4605.
216. STUDENT RECORDS
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Pol. 214
Category A –
Administrative records (directory information): includes official
administration records; minimum personal data necessary for
operating educational system (Sections 1332, 1351, 1354,
1531, 1532, 1533 Public School Code).
1. Name, address and telephone number of the parents
(custodial parent if parents are divorced or separated), court
appointed guardian, or adult resident with whom the student is
residing (copy of court order or custody agreement, if any).
2. Name, birthdate, birthplace, sex, social security number.
3. Date of admission, withdrawal, re-admission.
4. Previous school attended.
5. Academic work completed, grades earned, credits earned,
attendance records.
6. Class or school honors, co-curricular activities.
7. Date of graduation, rank in class (defined by school policy).
8. Places of employment.
Administrative records (directory information) may be disclosed
for purposes beneficial to the student or school district only
with the approval of the Superintendent/designee.
The parent/guardian or eligible student has the right to refuse
disclosure of any or all types of directory information by giving
the school written notice within twenty (20) days of publication
of the notice. Parents/Guardians shall be given public notice
relative to this right at the beginning of the school year.
Inspection of records (see Procedures For Inspecting And
Releasing Records):
1. Inspection without authorization:
a. Commissioner of Education.
b. Department of Education personnel.
216. STUDENT RECORDS
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c. Intermediate Unit personnel with legitimate educational
interest.
d. State and federal educational, health and welfare agencies.
e. School district officials with legitimate educational interest,
including Comptroller General of United States, Director of
National Institutes of Health, and Assistant Secretary of
Education.
f. School directors who have legitimate educational purpose.
g. Parent/Guardian (except if student is an eligible student,
written consent from only the eligible student shall be
necessary).
h. Eligible student or student who is less than eighteen (18)
years of age and in school with written consent of
parent/guardian.
i. Health/Law enforcement officers in case of emergency.
2. Inspection with written authorization of parents/guardians or
eligible student: any person in the opinion of the building
principal and Director of Pupil Services demonstrating
legitimate interest.
Release of records (see Procedures For Inspecting And
Releasing Records):
1. Release without authorization:
a. Commissioner of Education.
b. Department of Education personnel with legitimate
educational interest.
c. State and federal educational, health, and welfare agencies
of which student is client, including Comptroller General of
United States, Director of National Institutes of Health, and
Assistant Secretary of Education.
d. Other public school (with parent/guardian acknowledgment).
2. Release with written authorization of parent/guardian or
eligible student:
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51 P.S.
20221 et seq
Pol. 209
a. Prospective employer.
b. College or university.
c. Armed services.
d. Any person demonstrating legitimate interest.
Retention and elimination of records: microfilm (permanent).
Category B –
Supplementary records: includes verified information essential
in operating the educational system; directly related to student
education.
Test data –
Such as scores on standard achievement, aptitude,
intelligence, and college entrance tests or exams, interest
inventory results. Written consent of parent/guardian for
collection of such data must be obtained by representational or
individual consent.
Observational Data –
Systematically (example: baseline data) gathered teacher or
counselor evaluations and observations of the social and
personal assets and liabilities relating to student performance,
findings of the Child Study Team (CST) or Response to
Intervention (RTI) Team, clinical findings, psychological testing
results, psychological or behavioral reports of physicians,
verified findings of serious and recurrent deviant behavior
patterns, social service and agency reports. (Sections 1330
(2), 1371, 1402(d) Public School Code.)
Health Data –
Comprehensive health record for each student including test
results, measurements, regularly scheduled medical and
dental examinations, special examinations, approved medical
questionnaires completed by student or parent/guardian,
medical or dental care recommendations, vaccinations,
tuberculin testing, emergency treatment. (Sections 1303, 1402,
1403, 1406, 1413, 1414, 1421 Public School Code.)
216. STUDENT RECORDS
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Inspection of records (see Procedures For Inspecting And
Releasing Records):
1. Inspection with authorization:
a. Commissioner of Education.
b. Department of Education personnel with legitimate
educational interest.
c. State and federal educational, health and welfare agencies
of which the student is client with legitimate educational
interest.
d. District professional staff working with the student.
e. Parent/Guardian (except if student is an eligible student,
written consent from only the eligible student shall be
necessary); parents/guardians/eligible students shall be
periodically informed of Category B records content and their
right to access.
f. Student who is less than eighteen (18) years of age and in
school with parent/guardian consent.
g. School and family physician; Comptroller General of United
States; Director of National Institutes of Health; Assistant
Secretary of Education; Secretary of Health, Education, and
Welfare; Township or County Board of Health; Advisory Health
Council; school district to which the student transfers (or
parent/guardian if no re-enrollment in public school in
Pennsylvania); gross physical neglect or unexplained injury -
County Welfare Agency (Sections 1402{3}, 1406, 1408, 1411,
1422, and 23 Pa. C.S.A. 6301 et seq).
h. Health/Law enforcement officers in emergency.
2. Inspection with written authorization of parents/guardian or
eligible student: attorney for eligible student, parent/guardian,
or any insurance investigators with legitimate purpose.
References or information that may cause the student
embarrassment/shame, or impair personal security shall be
deleted; reports or information by the student's personal
physician or any outside agencies may not be inspected.
216. STUDENT RECORDS
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Release of records (see Procedures For Inspecting And
Releasing Records):
1. Release without authorization:
a. Commissioner of Education.
b. Department of Education personnel with legitimate
educational interest.
c. State and federal educational, health and welfare agencies
(of which student is client) with legitimate educational interest.
d. Parents/Guardians (except if student is an eligible student,
written consent from only the eligible student shall be
necessary); parents/guardians/eligible students shall be
periodically informed, through the District's web site, of the
content of Category B records and their right to access to
these data.
e. District professional staff working with the student.
f. Student who is less than eighteen (18) years of age and in
school, with parental/guardian consent.
g. School/Family physician; Comptroller General of United
States; Director of National Institutes of Health; Assistant
Secretary of Education; Secretary of Health, Education, and
Welfare; Advisory Health Council; school district to which
student transfers; gross physical neglect or unexplained injury -
County Welfare Agency (Sections 1402{3}, 1406, 1409, 1411,
1422, and 23
Pa. C.S.A. Sec. 6301 et seq).
h. Health/Law enforcement officers in emergency.
2. Release with the written authorization of parent/guardian or
eligible student: attorney for eligible student, parent/guardian,
or any insurance investigators with a legitimate purpose.
References or information that may cause the student
embarrassment or impair personal security shall be deleted;
reports or information provided by a personal physician or by
outside agencies may not be released.
Retention and elimination of records:
216. STUDENT RECORDS
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1. Supplementary records (as defined in Category B, Test
Data, Observational Data): retain two (2) years from the date of
graduation, transfer, or withdrawal from school. (This data shall
be reviewed and unnecessary data deleted within one (1) year
of transfer from elementary to secondary school.)
2. Supplementary records (as defined in Category B, Health
Data): retain two (2) years from date the student withdraws
from school or transfers to a Pennsylvania school (surrender to
parent/guardian if student does not re-enroll in Pennsylvania
school).
Category C –
Discipline records: includes school disciplinary actions,
probations, suspensions, expulsions, juvenile court
prosecutions, truancy, insubordination, incorrigibility, verified
complaints of violation of law. (Sections 1333, 1338, 1318
Public School
Code.)
Inspection of records:
1. Inspection without authorization:
a.
Pennsylvania Human Relations Commission (Section 4 Fair
Educational Opportunity Act, 24 P.S. 5004).
b. Information may be shared with the building principal or
assistant principal and other district professional staff (as
determined by the Director of Pupil Services); information may
be available to police under police/school guidelines.
c. Parents/Guardians (except if student is an eligible student,
written consent from only the eligible student shall be
necessary).
d. Eligible student and student who is less than eighteen (18)
years of age and in school with parental/guardian consent.
Release of records: records are not subject to release or
duplication except by the school solicitor in defense of any suit
brought against the school district by the student, parent or
natural guardian; available to the Board of School Directors for
use in school disciplinary proceedings; to appropriate members
of school staff; and college admissions offices at the discretion
of the Director of Pupil Services.
216. STUDENT RECORDS
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Retention and elimination of records: three (3) years (Fair
Educational Opportunity Act, 24 P.S. 5004).
Category D –
Tentative records: includes unevaluated reports or subjective
judgments needed in the ongoing investigations of criminal or
antisocial conduct, certain personality test results
(psychological or psychiatric clinical investigations), police
reports, arrests, and convictions. No record shall be kept which
reflects the political or religious activities or student beliefs.
Inspection and examination of records: information may be
shared with the building principal or assistant principal;
available to police under police/school guidelines.
Releasing and duplicating records: records cannot be released
or duplicated.
Retention and elimination of records: review periodically or at
end of the school year; destroy as soon as no longer needed
or upon graduation, transfer or expulsion or withdrawal from
school; or transfer to Categories B or C if verified and
continued relevancy to the educational purpose is determined.
If, for any reason, temporary unevaluated data are held for
more than one (1) year, existence of data must be discussed
with the parent/guardian and the reason for maintenance fully
explained.
Parent/Guardian/Eligible student has the right of appeal to the
Superintendent for continued maintenance of or unverified,
adverse material.
Category E –
Confidential files: includes student confidential information
gathered by the guidance counselor, school nurse, home and
school visitor or school psychologist (privileged) (Section
1319); information received from the student by a licensed
psychologist in the course of professional duties; defamatory
student information received from the student by a physician in
the course of professional duties; information received in
connection with diagnosis and treatment related to drug use,
venereal disease or pregnancy (counselor, school nurse, home
and school visitor, or school psychologist).
216. STUDENT RECORDS
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Inspecting and releasing records: protected by the rules of
confidentiality and privilege; not subject to inspection or
release; remain in sole possession of maker.
Retention and elimination of records: destroy when no longer
needed for specific purpose or upon student graduation,
transfer, or withdrawal.
Procedure For Inspecting And Releasing Records (All
Categories)
Permission for parent’s/guardian’s/eligible student’s inspection
of records shall be granted within a reasonable period of time;
no more than forty-five (45) days after the request has been
made, at reasonable hours. The guidance counselor,
psychologist or building principal shall be present to explain
records meaning and implication.
The person making inspection shall sign and date permanent
log in file.
When inspection is completed by parent/guardian or eligible
student, they shall have the right to inspect Categories A and
B, including information not originated in the school district,
and to prepare written objections to any information in the
records.
Written objection shall be signed and dated and shall become
part of record. The parent/guardian or eligible student shall be
entitled, on request, to a hearing thereon.
Original records shall not be released except upon a court
order, and after approval by the school district solicitor. These
records shall be delivered to the court in the custody of the
school records custodian.
Requests for the release of originals or copies of records must
be in writing, including the stated purpose thereof. If a request
for copy is received and denied, the school district must
explain the refusal in writing. Categories D and E may not be
released or reproduced.
Authorized persons must identify themselves before requesting
records release, and sign the written form to be filed
permanently indicating specific educational or other interest.
The person requesting the release shall pay, in advance,
reasonable reproduction cost fixed by administration (not to
216. STUDENT RECORDS
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exceed $0.50 per page).
When a parent/guardian or eligible student cannot be reached,
and student health or safety is involved, the Superintendent,
Director of Pupil Services, or building principal may release
information to health and law enforcement officials followed by
written notification to parents/guardians.
Restricted student information shall not be released by
telephone. Information provided by outside agencies shall not
be released by the school district; it may be released by the
providing person or agency.
Information shall be released to a third party only on condition
that such party will not permit any other party to have access
without the written parent/guardian or eligible student consent.
The school district will maintain a record of information
requests and disclosures to all parties who have obtained
access to student records, except parent/guardian or eligible
student, and other school officials who have a legitimate
educational interest.
A record which indicates the legitimate interest parties have in
obtaining information from student records may be inspected
by the parents/guardians or eligible student. The school district
may disclose or release personally identifiable information from
student education records in keeping with provisions of this
policy without written consent of parent/guardian of student or
eligible student if disclosure is:
1. To other school officials, including teachers, within the
educational institution or local educational agency who have
been determined by the agency or institution to have legitimate
educational interests.
2. To officials of another school or school system in which the
student seeks or intends to enroll.
3. To authorized representatives of Comptroller General of the
United States, Secretary/Commissioner/Director of National
Institutes of Education, or Assistant Secretary of Education, or
state educational authorities.
4. For financial aid for which student has applied or received;
provided, that personally identifiable information from student
216. STUDENT RECORDS
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education records may be disclosed only as may be necessary
for such purposes: to determine student eligibility for financial
aid, to determine amount of financial aid, to determine
conditions to be imposed regarding financial aid, or to enforce
terms or conditions of financial aid.
5. To state and local officials or authorities to whom information
is specifically required to be reported or disclosed pursuant to
state statute adopted prior to November 19, 1974. This
subparagraph applies only to statutes that require specific
information to be disclosed to state or local officials, and does
not apply to statutes which permit but do not require
disclosure. Nothing in this paragraph shall prevent the state
from further limiting the number or type of state or local officials
to whom disclosures are made under this subparagraph.
6. To organizations conducting studies for, or on behalf of,
educational agencies or institutions for developing, validating,
or administering predictive tests, administering student aid
programs, and improving instruction; provided, that studies are
conducted which will not permit personal identification of
students and their parents/guardians except by official
representatives of the organization. Information will be
destroyed when no longer needed for purposes for which the
study was conducted. Organizations include, but are not
limited to, federal, state and local agencies.
Written Authorization (all categories) –
Wherever herein records may be inspected or released by
written authorization, it shall be only under following
circumstances:
1. When proper written release consent has been obtained:
a. Consent must be given by the student’s parent (or custodial
parent in event of separation or divorce), guardian or adult
person who filed affidavit of guardianship. When the student is
an eligible student, his/her personal consent, not the
parents’/guardians’, must be obtained to inspect or release
information.
b. Written parent/guardian or eligible student consent for
release to third party must specify information to be released,
reason for release, and to whom it is to be released, and
whether copy is desired by parent/guardian or eligible student.
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Blanket or continuing permission will not be accepted for
inspection or release of information.
c. When records are released upon the written authorization of
the parent guardian or eligible student to officials of another
primary or secondary school system on transfer, or to college
or postsecondary school, or to request for record transfer,
receive copy of record if desired, and have a hearing
opportunity to challenge the content of record. Confidential
recommendation need not be given to postsecondary school or
prospective employer unless the parent/guardian or eligible
student signs a waiver of access to such confidential
recommendation and provided the parent/ guardian or eligible
student is, upon request, notified of the name of person making
such recommendation.
2. Under compulsion of law.
3. When directed by subpoena, subject to inspection of court
order or subpoena by the school solicitor and notice to
parent/guardian or eligible student in advance of compliance
with subpoena and/or court order, and in such event (unless
otherwise specifically ordered only Category A and B records),
there will be no inspection of record until properly requested in
open court.
Challenges And Hearings
Parents/Guardians or eligible students shall have an
opportunity for a hearing to challenge the contents of school
records, Categories A, B, and C, to ensure that records are not
inaccurate, misleading, or otherwise in violation of privacy or
other student rights; to provide an opportunity for correction or
deletion of inaccurate, misleading, or otherwise inappropriate
data. (Sections 438(a) (2) Family Educational Rights and
Privacy Act of 1974, Health Education and Welfare
Regulations – 5 U.S.C. 3105/20 U.S.C. 1232g.)
The building principal of the school in which the student is
enrolled shall decide within fifteen (15) days of receipt of the
request whether to amend student records. If the building
principal decides not to amend the record in accordance with
the request, s/he shall so inform the parent/guardian or eligible
student of their right to a hearing.
The school will, upon written request, convene a review panel
216. STUDENT RECORDS
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to provide the parent/guardian or eligible student with a hearing
to be conducted according to provisions stipulated below.
Review panel: counselor, psychologist, Director of Pupil
Services, and administrative assistant.
If the parent/guardian or eligible student is not satisfied with the
outcome of the hearing, s/he may submit an explanation in
writing to be appended to the contested portion of the record.
An explanation is to be maintained with the record and
released if the contested portion of the record is disclosed by
the school to any parties.
To comply with the parent/guardian or eligible student request
for a hearing, the school will adhere to the following
procedures:
1. The hearing shall be held within thirty (30) days following
receipt of the written request. The parent/guardian or eligible
student shall be given notice of the date, place, and time at
least ten (10) days in advance of the hearing.
2. The hearing shall be conducted by the Superintendent/
designee who does not have direct interest in the outcome.
3. The parent/guardian or eligible student may be represented
by counsel at the individual's own expense, and afforded a full
and fair opportunity to present evidence.
4. Within thirty (30) days after conclusion of the hearing, the
school will present a decision in writing based solely on
evidence presented at the hearing including a summary of
evidence and reasons for decision.
5. The parent/guardian or eligible student will be given an
opportunity to place an explanation in the record retained as
result of the hearing.
Location And Responsibility For Student Educational Records
(All Categories A, B, C, D)
The Director of Pupil Services is responsible for the
supervision of designated personnel who are responsible for
collecting, maintaining, securing, and releasing of student
records. Designated personnel responsible for collecting,
maintaining, securing, and disseminating student records
216. STUDENT RECORDS
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follows.
NOTE: Staff designated as responsible need not, during
routine assigned work, sign individual
student
record log.
NOTE: It is required that all staff and permitted outside
agencies (except those noted as
responsible) sign
log sheet found in all pupil records.
Records are to be kept under lock and key at all times under
supervision of designated professionals.
Secretaries and clerks assigned to psychologists, nurses and
counselors are granted the same immunity as professionals
relative to privileged information.
Records are to be updated annually as required by school
district policy (e.g. C Category may become B Category). Staff
designated as responsible for various district records will
arrange for in-school committees to review records prior to the
end of the school year (e.g. principals may designate teachers
from their specific teams to review Categories A, B, and C
data).
216. STUDENT RECORDS
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COLLECTING, MAINTAINING, DISSEMINATING,
AND ELIMINATING EXCEPTIONAL STUDENT
EDUCATIONAL RECORDS
The Easton Area School District recognizes the need to protect
the confidentiality of personally identifiable information in the
educational records of exceptional children. This policy has
been prepared to ensure privacy rights of parents/guardians
and exceptional children in collecting, maintaining, releasing,
and eliminating personally identifiable records of exceptional
children, incorporating provisions from State Board of
Education regulations in pupil records (PA Code 22, Chapter
12), and Family Educational Rights and Privacy Act of 1974,
confidentiality section of P.L. 92-142, and confidentiality
standards for special education (PA Code22, Chapter 341).
The Easton Area School District will review and update, as
needed, this educational records plan. Changes will be
submitted to the Board and the Pennsylvania Department of
Education for approval.
Definitions
Elimination - physical destruction or permanent removal of
identifying data from student educational records so that
information is no longer personally identifiable.
Directory Information - student information: name, address,
telephone number, date and place of birth, participation in
school clubs, activities, sports, weight and height, attendance
record, degrees and awards received, most recent previous
educational institution or agency attended by student, other
pertinent information.
Disclosure Release - communication of student information
from educational records: orally, in writing, other.
Educational Records –
1. Include records directly related to the student and
maintained by the educational agency or institution or by the
party acting for the agency or institution.
2. Do not include:
216. STUDENT RECORDS
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SC 1376
a. Records of instructional, supervisory, administrative
personnel and educational and ancillary personnel (sole
possession of maker), not accessible or revealed only to any
other individual (except substitute who performs in absence of
person who made record).
b. Records of educational agency or institution which contain
only information relating to person no longer a student at the
educational agency or institution (alumni).
c. Records relating to eligible student: created or maintained by
physician, psychiatrist, psychologist, other recognized
professional or paraprofessional acting or assisting in a
professional capacity; created, maintained or used only in
connection with student treatment; not disclosed to anyone
except individuals providing treatment. Records may be
personally reviewed by a physician or other appropriate
professional of the student's choice. Treatment, as defined
herein, does not include remedial educational or other activities
of instruction.
Educational Agency - school district or Intermediate Unit and
any component part thereof which collects, maintains, or uses
exceptional student educational records or information;
approved private school record of exceptional student enrolled
or has been enrolled as approved placement student according
to provisions of Section 1376 of Public School Code of 1949.
Eligible Student - a student who has attained eighteen (18)
years of age or is attending an institution of postsecondary
education. An eligible student may, without parent/guardian
consent, request/receive his/her educational records.
Legitimate Education Interest - purposeful educational
student involvement with direct responsibility for providing
instruction or supportive services.
Parent - parent, guardian, or an individual acting as parent in
absence of parent or guardian. The school presumes that
either parent has authority to inspect and review the
educational record unless provided with evidence of a legally
binding instrument or state law or court order governing
divorce, separation or custody, providing to contrary.
Personally Identifiable Information - name, address,
identifying information: telephone or social security number, list
of personal characteristics which would make identity easily
216. STUDENT RECORDS
20
traceable by person not already familiar with student, other
information which would make identity easily traceable.
Maintain - retain custody of.
Record - information or data recorded in any medium
including, but not limited to, handwriting, print, tapes, film,
microfilm, and microfiche.
School Officials - professional staff (as defined by school
policy) certified teachers, administrative personnel, counselors,
speech therapists, psychologists, home and school visitor,
nurses, and dental hygienist. Exceptions: student teachers and
volunteers. Parent/Guardian or eligible student permission
must be obtained by student teachers for the preparation of
case histories to fulfill college requirements.
Student - any exceptional school-age person or preschool
pupil for whom the educational agency maintains records.
Responsibility And Authority
The Director of Pupil Services will be responsible for and have
final authority for collecting, classifying, storing, and accurately
releasing pertinent student data in student files useful for the
educational planning and programming. Appeals from any
decision by the Director of Pupil Services may be taken to the
Superintendent who may grant exceptions thereto.
Parents/Guardians and eligible students will be notified
annually, on the District’s web site, of district policies and
procedures regarding student educational records, data
collected through representational consent, conditions for
disclosure of information, parent/guardian/ eligible student
access rights to educational records, and notice of where a
copy of the student records policy may be obtained.
Collection Of Data
No data shall be collected from students without the prior
informed consent of the student and parent/guardian. Prior
informed consent of eligible student only is required. Consent
(depending on nature of record) may be given either
individually
or through legally elected or appointed representatives (Board
of School Directors) as defined below
216. STUDENT RECORDS
21
1. Representational Consent –
Data gathering may be approved under certain circumstances
by appropriately elected representatives (i.e. Board of School
Directors). Aptitude and achievement testing and reporting of
skill and knowledge obtained by such testing are considered
examples of this category. The parent/guardian or eligible
student should be notified in advance by school officials of the
comprehensive testing program and other data gathering
procedures approved by their elected representatives. The
parent/guardian or eligible student will be guaranteed a
reasonable opportunity to contest the need or desirability of
such data collection. Whenever representational consent is
sufficient, the parent/guardian or eligible student shall be
informed by school officials of the purposes and character of
data collection.
2. Individual Consent –
Tests or student assessment not included in Board of School
Directors approved internal group testing program or any other
survey-type data collection procedures not specifically pre-
approved (Board of School Directors) as part of the internal
testing program or state mandated programs and procedures
require individual student consent. Permission for
psychological examination (by individual consent) is the
responsibility of the internal referring source:
a. For collection of personality testing and assessment data.
b. When impossible to obtain separate consent of every
parent/guardian or eligible student for every data gathering
process, approved by appropriately elected representatives:
legislative, Board of School Directors, or other body, will, in
some situations, satisfy principle of consent.
c. Must be in writing.
d. Must be obtained when student is competent to understand
nature and consequences of decision.
e. Shall not be binding unless freely given after the
parent/guardian or eligible student has been fully informed of
the collection methods and use of information.
f. Form will be presented in native language of the
216. STUDENT RECORDS
22
20 U.S.C.
parent/guardian or eligible student.
Classification Of Records
The official student record shall be initiated by the school first
attended and maintained by the Director of Pupil Services
under security and responsibility of designees (i.e. building
principal, program supervisor). Information shall include
personal and family data.
Official Student Records –
Types of data:
1. Administrative: sex, name, date/place of birth, address,
telephone number, academic arts earned, attendance data,
enrollment dates, parent/guardian names/status.
2. Supplementary: medical/dental records.
3. Current IEP's; standardized intelligence and aptitude test
scores, including college entrance examination results; health
data; family background information; teacher/counselor ratings
and observations; service awards; achievements; volunteer
services in schools or community; part-time work; verified
reports of serious or recurrent serious behavior patterns.
4. Other verified specific data (parent/guardian or eligible
student request). If teacher or counselor or building principal
refuses to accept parent/guardian or eligible student request,
parent/guardian or student may appeal to Director of Pupil
Services.
5. Parent/Guardian or eligible student may submit dated/signed
statement concerning any material in official student record.
Provisional Records –
Sensitive but potentially useful but unverified reports.
Information may be collected but not be included in official
student record.
Types of reports:
1. Psychological.
216. STUDENT RECORDS
23
Sec. 1400 et
seq
2. Psychiatric.
3. Language evaluation.
4. Speech evaluation.
5. Neurological evaluation.
6. Psychoneurological evaluation.
7. Social service and agency.
8. Central auditory battery test.
9. District hearings/state hearing (due process).
Provisional records: referrals/parental requests for special
services, including decisions and projected plans. IDEA 2004
as it relates to due process forms and procedures shall be
observed without exception, including initiating, maintaining,
and releasing records.
Confidential Files –
Information received in confidence by the school physician,
counselor, school nurse, home and school visitor or school
psychologist (privileged Sec. 1319 Public School Code).
Information received by licensed psychologist in course of
professional duties.
Data covered by above two (2) items are considered memory
aids for confidential use by professional in direct involvement
with student. Professional memory aids are not considered
educational records; they must be eliminated when no longer
needed or when student leaves school system.
Inspecting And Disclosing Records
Right to Inspect or Examine Official Student Records –
Parent/Guardian or eligible student:
1. Parent/Guardian, eligible student, or designated
representative shall be permitted to examine contents of the
official student record in the presence of a teacher, counselor,
or administrator. Such requests must be honored within thirty
216. STUDENT RECORDS
24
(30) days.
2. If the parent/guardian of the student is separated or
divorced, either or both parents may have access unless legal
restraining order prohibits such access by either
parent/guardian.
3. Requests to inspect or examine records must be properly
addressed to the responsible professional. Mutually agreeable
time, not to exceed thirty (30) days, shall be set for honoring
such requests.
4. The parent/guardian or eligible student will be informed
periodically of the contents and right of access to student
records. Copies, on request, will be provided at reasonable
cost. The parent/guardian or eligible student should, on
reasonable request, be given an explanation and interpretation
of records.
5. The names and information relating to other students shall
be obliterated during records inspection and review.
Disclosure of records without written consent:
1. Official student records may be released without
parent/guardian or eligible student consent to:
a. Easton Area School District professional staff who have
legitimate educational interest, certified teachers,
administrative personnel, counselors, speech therapists,
psychologists, case and social workers, nurses, school
physician. Excluded: student teachers preparing case histories
to fulfill college requirements.
b. Officials of another requesting school system in which the
student intends to enroll. Reasonable effort must be made to
notify the parent/guardian or eligible student of the material to
be disclosed and the right to obtain copies of the material to be
disclosed, and to request amendment of records.
c. Federal and state officials for audit and evaluation of
federally supported education programs or for complying with
legal federal requirements which relate to these programs.
Information provided shall include minimum personally
identifiable information and shall be eliminated upon
completion of audit, evaluation, enforcement, or compliance.
216. STUDENT RECORDS
25
d. Persons or agencies:
1) Serious threat to health or safety of student or other
individuals.
2) Emergency need for information.
e. Persons or agencies in compliance with a judicial order or
pursuant to any lawfully issued subpoena. The parent/guardian
or eligible student shall be notified of all such orders and
district compliance. The parent/guardian or eligible student
may request a receipt of copy of information to be released.
Copies will be provided at reasonable cost.
2. When the school district of residence, Intermediate Unit, or
Department of Education requests release of information,
approved private school must comply within seven (7) days
after receipt of the request.
3. When the school district in which the student is enrolled or
intends to enroll requests release of information, the district will
comply with the request within seven (7) days after receipt of
request.
4. The school may, without consent, provide anonymous data
from records, including official student records, for research
purposes, provided there is no student identification.
5. Present/Former student directory information will be
released without consent except when the parent/guardian or
eligible student has requested information not be disclosed.
The parent/guardian or eligible student will be notified prior to
disclosure and will have ten (10) days to respond.
6. Identifying lists of student names and addresses shall not be
released to any outside agency.
Rights to Inspect or Examine Provisional Records –
Parent/Guardian or eligible student (see access for official
student records).
Provisional records may not be released without written
consent of the parent/ guardian or eligible student. Exception:
professional staff with a legitimate educational interest as
designated by Director of Pupil Services/designee.
216. STUDENT RECORDS
26
Requests for Inspection and Disclosure –
Outside agencies or professional staff seeking access to
official student records shall sign a written form to be kept with
the official student record for inspection by the parent/guardian
or eligible student. This form shall indicate specific legitimate
educational interest/need for information, identity of signer, and
access approval date.
The Director of Pupil Services shall maintain a current* listing
of names and positions of school officials authorized to have
access to personally identifiable information in educational
records of exceptional children.
*Individuals on this list do not have to record access to
education records.
Consent to Inspection and Disclosure –
Records may be inspected or disclosed only upon written
consent and under the following circumstances:
1. Consent must be given by the parent/guardian or eligible
student.
2. Written consent must be dated and signed by the
parent/guardian or eligible student, and must specify
information to be disclosed, reasons for disclosure, and to
whom it is to be disclosed. Blanket or continuing permission for
inspection or disclosure of information will not be accepted.
Records to be released under compulsion of law or lawfully
issued subpoena or order shall first be inspected by the school
solicitor. There will be no prior inspection of record by
requesting party. The parent/guardian or eligible student shall
be notified of all such orders and subpoenas in advance of
compliance.
Maintenance And Elimination Of Records
Periodic Review and Data Deletion –
The parent/guardian or eligible student will be notified annually
of school district policies and procedures regarding the student
educational records, data collected through representational
consent, conditions for disclosure of information, access
216. STUDENT RECORDS
27
rights of parent/guardian or eligible student to educational
records, and notice of where the student records policy may be
obtained.
The Easton Area School District shall provide effective
notification to the parent/guardian or student identified as
having primary or home language other than English.
Periodic Deletion of Data –
The parent/guardian or eligible student shall be informed when
personally identifiable information is no longer relevant or
needed to provide educational services.
Upon the request of the parent/guardian or eligible student,
information no longer relevant to or necessary for educational
services will be eliminated. A written record of the student's
name, address, phone number, grades, attendance records,
classes attended and grade level completed must be
maintained for at least one hundred (100) years beyond the
date the student attains age twenty-one (21).
Except as stated in the paragraph above, nothing in this
section shall be construed to mean that Easton Area School
District is required to eliminate educational records.
Prior to elimination of information referred to above, Easton
Area School District shall send written notification to the
parent/guardian or eligible student to advise of the right to
receive a copy of district generated material to be eliminated.
The parent/guardian or eligible student will be informed of
material not generated by the district (i.e. psychiatric,
neurological reports; agency reports; etc.) to be eliminated.
Copies of such information must be disclosed by the
generating person or agency.
No educational records will be eliminated that contain
information necessary for the education of the student now or
previously in the educational program operated by Easton Area
School District.
Longevity of Data –
Administrative data shall be maintained by the school district
for at least one hundred (100) years beyond the date the
216. STUDENT RECORDS
28
student attains the age of twenty-one (21).
Professionals shall, at regular intervals, eliminate unnecessary
supplementary or provisional data. Student medical records
shall not be eliminated for at least five (5) years after the
student is no longer enrolled in a district program. Exceptions
may be made when there is good cause for retention.
Location of Records –
See Appendix A.
Amendment Of Records
The parent/guardian or eligible student who believes that
inaccurate or misleading information is contained in student
educational records or such information violates privacy or
other student rights, may request an amendment by making a
request to the Director of Pupil Services.
The Director of Pupil Services will arrange, within ten (10)
working days, to meet with the parent/guardian or eligible
student to discuss this issue. Amendment Of Records
The parent/guardian or eligible student who believes that
inaccurate or misleading information is contained in student
educational records or such information violates privacy or
other student rights, may request an amendment by making a
request to the Director of Pupil Services.
The Director of Pupil Services will arrange, within ten (10)
working days, to meet with the parent/guardian or eligible
student to discuss this issue.
The Director of Pupil Services shall decide, within forty-five
(45) days after the request is received, whether to amend
disputed information.
If the Director of Pupil Services agrees to amend disputed
information, the parent/guardian or eligible student shall be
notified in writing.
If the Director of Pupil Services decides not to amend the
education records in accordance with the parent/guardian
request, the Director of Pupil Services will so inform the
parent/guardian or eligible student in writing giving reason(s)
for refusal and shall provide further notification of right to
216. STUDENT RECORDS
29
request and receive a Records
Review Hearing.
Records Review Hearings
The parent/guardian or eligible student shall have the
opportunity for a Records Review Hearing to challenge the
contents of student records, official and provisional, to ensure
that records are not inaccurate, misleading, or in violation of
student privacy or other rights, to provide opportunity for
correction or deletion of inaccurate, misleading or otherwise
inappropriate data.
The Superintendent shall appoint a quasi-judicial review panel
composed of professional personnel and nonschool personnel
for hearing challenges to student record data.
The Records Review Hearing shall be held within thirty (30)
days after the request has been received at a mutually agreed
upon time and place. Notice of date, place, and time will be
given to the parent/guardian or student not later than five (5)
days in advance of the hearing.
The parent/guardian or eligible student shall be afforded a full
and fair opportunity to present relevant evidence, and may, at
personal expense, be assisted or represented by
individuals/attorney.
The decision of the Records Review Hearing panel shall be
based solely upon hearing evidence, and shall include
summary of evidence and reasons for decision.
This decision will be rendered in writing within thirty (30) days
after conclusion of the hearing. The parent/guardian or eligible
student will be informed of the decision in writing, copy to be
retained in official student records.
The parent/guardian or eligible student shall have a right to
place hearing explanation in the official student records, if the
decision rendered is not to amend the education records.
Implementation
Directors, supervisors, building principals, or designated
professional personnel will screen student records to eliminate
216. STUDENT RECORDS
30
contradictory materials. Items removed from the file during the
screening process must be eliminated.
Following adoption of this revised policy by the Easton Area
Board of School Directors:
1. A parent/guardian or eligible student who wishes to file
policy compliance complaints may do so by contacting the
Superintendent. If further appeal is necessary, the
parent/guardian or student may contact the Family Policy
Compliance Office, U.S. Department of Education, 400
Maryland Avenue SW, Washington, DC 20202-4605.
2. This Student Records policy is on file with the
Superintendent and Director of Pupil Services. Copies are
available upon request to the Director of Pupil Services.
3. The policy of the district is to comply in full with the
requirements of state and federal law governing the
maintenance of records and other personally identifiable
information and the privacy rights of students and their
families. To the extent that any provision of this policy is
construed as or found to be inconsistent with federal or state
law, the district will treat that provision as null and void.
The professional staff will be informed of this policy through in-
service education.
References:
Family Educational Rights and Privacy Act – 20 U.S.C. Sec.
1232g
Family Educational Rights and Privacy, Title 34, Code of
Federal Regulations – 34 CFR 99
School Code – 24 P.S. Sec. 1303a, 1305-A, 1306-A, 1402,
1409, 1532, 1533
State Board of Education Regulations – 22 PA Code Sec. 4.52,
12.31, 12.32
Easton Area School District Board Policy – 209, 213, 214, 215
216. STUDENT RECORDS
31
Appendix A
The Director of Pupil Services is responsible for the supervision of designated
authorized personnel to collect, maintain, secure, and release student records.
Authorized personnel:
NOTE 1: Staff authorized as “responsible” are not required, during routine assigned
work, to sign an individual student record log.
NOTE 2: All staff (except those noted as “authorized”) and outside agencies, if permitted
to examine record, are required to sign a log sheet found in all student records.
NOTE 3: Records must be kept under lock and key at all times and supervised by the
authorized professionals. Secretaries and clerks assigned to psychologists, nurses, and
counselors are granted the same privileged immunity as professionals.
ELEMENTARY SCHOOL:
RECORD/REPORT
LOCATION OF
RECORDS
RESPONSIBILITY
CLERICAL
FUNCTIONS
Attendance Records
Principal's Office
Principal
Bldg. secretary/
clerks
Cumulative Records
(active/inactive)
School Office Area
Principal
Teachers./Bldg.
sect.
inst. assist./clerks
Health Records
Nurse’s Office
Principal /Nurses
Nurses/Bldg.
sect./clerks
Discipline Records
Principal's Office
Principal
Bldg. secretary/
clerks
Psychological
Records (copy)
Psychologist
Office/Pupil Serv.
Office
Psychologist
Director of Pupil
Services
Psychologist/Special
Education Clerks
MIDDLE SCHOOLS AND HIGH SCHOOL
RECORD/REPORT
LOCATION OF
RECORDS
RESPONSIBILITY
CLERICAL
FUNCTIONS
Attendance Records
Assistant Principal’s
Office
Principal
Assistant Principals
Bldg. secretary
Clerks
Permanent Records
(active/inactive)
Guidance Office
Principals
Counselors
Counseling
secretarial staff
Cumulative Records
(active/inactive)
Counselor’s Office
Principal
Counselors
Counseling Div.
Secretarial staff
Health Records
Nurse’s Office
Principal
Nurses
Nurses/Nursing
Asst.
Discipline
Reports
Principal’s Office
Asst. Prin. Office
Principal
Assistant Principal
Bldg. Secretary/
clerks
Psychological,
Records (copy)
Psychologist’s
Office
Principal
Director of Pupil
Staff Psychologist
Special Education
216. STUDENT RECORDS
32
Services
Clerks
DISTRICT LEVEL:
RECORD/REPORT
LOCATION OF
RECORDS
RESPONSIBILITY
CLERICAL
FUNCTIONS
Annual Attendance
Records
District Offices
Central Office
Administrators,
Child Accounting
Clerk
Psychological
Reports
Special Education
Office
Director of Pupil
Services/
Psychologists
Pupil Services
secretarial staff
Special Education
Documentation
Special Education
Office
Director of Special
Education
Special Education
Staff
Gifted
Documentation
Pupil Services
Office
Director of Pupil
Services
Pupil Services Staff