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Student Records

Please see the following sections regarding student records.

The Family Educational Rights and Privacy Act and Student Records Content and Custody of Records/Information Access to Records by Parent Requesting Records from Other Districts/Schools Requesting and Receiving Information and Records from State Agencies Request to Amend Education Records Disclosure With Written Consent Disclosure Without Written Consent Disclosure of Disciplinary Information to School Personnel Disclosure to Military Recruiting Officers Disclosure to Medicaid Disclosure to Criminal Justice Agencies Disclosure to Other Parties Disclosure of Directory Information Annual Notification of Rights Waivers

The Family Educational Rights and Privacy Act and Student Records

(Notification to Parents and Students of Rights Concerning Student School Records) The Family Educational Rights and Privacy Act (“FERPA”) and Colorado law afford parents/guardians (“parents”) and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records, as follows: The right to inspect and review the student’s education records within 10 working days of the district receiving a request for access. A parent or eligible student making such a request must submit to the school principal a written request that identifies the records(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading or otherwise violates the privacy rights of the student. A parent or eligible student may ask the district to amend a record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student by writing to the school principal clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the student. If the principal decides not to amend the record as requested, the principal will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing. The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA and state law authorize disclosure without consent. Whenever the district is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent/guardian or eligible student shall contain the following: a. The specific records to be released; b. The specific reasons for such release; c. The specific identity of any person, agency or organization requesting such information and the intended uses of the information; d. The method or manner by which the records will be released; and e. The right to review or receive a copy of the records to be released. Parental consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity special education program or in any other school program shall not constitute the specific written consent required. All signed consent forms shall be retained by the school district. Disclosure of personally identifiable information can be made without consent to the following: School officials, including teachers, working in the school at which the student is enrolled who have a specific and legitimate educational interest in the information for use in furthering a student’s academic achievement or maintaining a safe and orderly learning environment. This may include the disclosure of disciplinary information regarding conduct that posed a significant risk to the safety or well being of the student or others. A school official is a person employed by the district as an administrator, supervisor, teacher, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board of Education; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. Officials of another school, school system or post secondary institution that has requested the records and in which the student seeks or intends to enroll. In this case, disciplinary information shall be included. The district will make a reasonable attempt to notify the eligible student or students parents prior to the disclosure of information and will provide a copy of the record if so requested. In connection with a student’s application for or receipt of financial aid. 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 include disciplinary and attendance information and shall only be shared upon 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. Educational testing and research organizations for the purpose of administering student aid programs or improving instruction or predictive tests as long as confidentiality is maintained and such organizations are required to destroy records after they no longer are needed. Accrediting institutions to carry out their accrediting functions. Parents of students over 18 years of age that are dependent for federal income tax purposes. In emergency situations to appropriate persons if the information is necessary to protect the health and safety of the student or others. Anyone if required by a court order or subpoena. The district will make reasonable efforts to notify the parent or eligible student prior to complying with the subpoena or court order. The district will not provide such notice if the subpoena is issued by a federal grand jury or any other law enforcement purpose where the court has ordered non-disclosure of the existence or contents of the subpoena or information furnished. Parties to litigation if the district initiates legal action against a parent or student. The district will make reasonable efforts to notify the parent or eligible student in advance of the disclosure. The school district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605. The right to refuse to permit the designation of any or all of the categories of directory information. The district is permitted by law to disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday. Directory information which may be released may include the student's name, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent and previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses will not be disclosed pursuant to Colorado law. The right to request that information not be provided to military recruiting officers. Names, addresses and home telephone numbers as well as directory information of secondary school students will be released to military recruiting officers within 90 days of the request unless a student submits a written request that such information not be released. Adopted: October 2004 Revised: January 2006

Content and Custody of Records/Information

Student education records 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; family background information; teacher or counselor ratings and observations, and reports of serious or recurrent behavior patterns. Education records do not include records maintained by a law enforcement unit of the school or school district that are created by that unit for the purpose of law enforcement. Nothing in this policy shall prevent administrators, teachers or staff from disclosing information derived from personal knowledge or observation and not derived from a student’s education records. All requests for inspection and review of student education records and requests for copies of such records, as well as disclosure of personally identifiable information except as provided by law, shall be maintained as a part of each student’s record. The principal is the official custodian of student records in his or her building.   BACK TO TOP

Access to Records by Parent

A parent/guardian (“parent”) and any student 18 years old or older, has the right to inspect and review the student's education files. If a student is 18 years old or older (“eligible student”), the parent or guardian may not inspect or review the student records without written permission from the student. However, if an eligible student is a dependent for federal income tax purposes, parents/guardians are entitled along with the student to access to student educational records. During inspection and review of student records by a parent or eligible student and when requested by them, the principal will provide personnel necessary to give explanations and interpretations of the student records. In all cases where access to student records is requested, except as provided in this policy, a written request to see the files must be made by the parent or eligible student. The principal, upon the 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 no case will the date set be more than ten working days after the request has been made. The parent or eligible student shall examine the student's records in the presence of the principal and/or other person(s) designated by the principal. Only certified personnel such as the vice principal or counselor may be so designated. 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 or eligible student at a cost of .25¢ per page. BACK TO TOP

Requesting Records from Other Districts/Schools

When a student transfers to this school district from another district, the principal of the receiving school shall ask the parent or eligible student to sign a form requesting the other school district to transfer the student’s records. This form will be completed by the principal and forwarded to the school of previous attendance. BACK TO TOP

Requesting and Receiving Information and Records from State Agencies

Within the bounds of state law, school district personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including protecting public safety and the safety of the student. Such information may be obtained from the judicial department or any state agency that performs duties and functions under the Colorado Children’s Code. School district personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained. If such information is shared with another school or school district to which a student may be transferring, it shall only be shared in compliance with the requirements of federal law, including the Federal Education Rights and Privacy Act of 1974 (“FERPA”). BACK TO TOP

Request to Amend Education Records

A parent or eligible student may ask the district to amend a record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student by writing to the school principal clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the student. The request to the principal to amend a student's records must be made in writing within 10 school days of the date the records were first examined. If the principal, after consulting with any other person having relevant information, decides not to amend the record as requested by the parent or eligible student, the principal shall notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures shall be provided to the parent or eligible student when notified of the right to a hearing. A request for a formal hearing must be made in writing and addressed to the superintendent of schools. The response to the request shall be mailed within 10 school days. The hearing shall be held in accordance with the following: The hearing will be held within 15 school days after receipt of the request. Notice of the date, place and time of the hearing will be forwarded to the parent or eligible student by certified mail. The hearing will be conducted by a principal or higher administrative official as designated in writing by the superintendent. The official conducting the hearing shall not be the principal who made the initial decision nor shall it be anyone with a direct interest in the outcome of the hearing. Parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney. The official designated above shall make a decision in writing within 10 school days following the conclusion of the hearing and shall notify the parent or eligible student of that decision by certified mail. The decision of the official shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reason for the decision. The decision shall include a statement informing the parents or eligible student of their right to place in the student records a statement commenting upon the information in the records and/or setting forth any reason for disagreement. Any explanation placed in the records shall be maintained by the school district. If the student record is disclosed by the school to any other party, the explanation shall also be disclosed to that party. BACK TO TOP

Disclosure with Written Consent

Whenever the district is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent/guardian or eligible student shall contain the following: The specific records to be released The specific reasons for such release The specific identity of any person, agency or organization requesting such information and the intended uses of the information The method or manner by which the records will be released The right to review or receive a copy of the records to be released Parental consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity special education program or in any other school program shall not constitute the specific written consent required. All signed consent forms shall be retained by the school district. BACK TO TOP

Disclosure without Written Consent

The school district will disclose personally identifiable information from student records without written consent of the parent or eligible student only to those persons or entities allowed under federal or state law to receive such information. The school district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student. BACK TO TOP

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. For purposes of this policy, “disciplinary information” means confidential records maintained by or in possession of the principal or designee on an individual student which indicate the student has committed an overt and willful act which constitutes a violation of the district’s code of student conduct and/or there is reasonable cause to believe, through information provided to the principal from another credible source, that the student could pose a threat to the health and safety of other students and school personnel based on prior misbehavior. “Disciplinary information” is intended to include only that information of a serious nature that is not otherwise available to teachers and counselors as part of the education records maintained on students or other reports of disciplinary actions. It is appropriate for instructional staff members to request disciplinary information from the principal or designee on students in their classrooms if there is concern that the student poses a threat to the safety of other students or school officials. 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/guardian when disciplinary information is communicated and to provide a copy of the disciplinary information. The student and/or the student’s parent/guardian may challenge the accuracy of disciplinary information through the administrative regulations which accompany this policy. BACK TO TOP

Disclosure to Military Recruiting Officers

Names, addresses and home telephone numbers of secondary school students will be released to military recruiting officers within 90 days of the request unless a student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the district in furnishing this information will be paid by the requesting service. BACK TO TOP

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 Health Care Policy and Financing (Colorado’s Medicaid agency) to verify Medicaid eligibility of students. The district shall obtain written consent annually from a parent/guardian before the release of any non-directory information required for billing. To accomplish this, the district shall: • include a consent form with the “start of school” information each fall. • include a consent form with IEP packet materials. • include a consent provision on the Medical Emergency form. BACK TO TOP

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. BACK TO TOP

Disclosure to Other Parties

Except as noted in this policy, student records will not be released to other individuals and parties without a written request and authorization of the parent or eligible student. Personal information will only be released to a third party with the assurance it will be kept confidential. BACK TO TOP

Disclosure of Directory Information

The school district may disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday. Directory information which may be released may include the student's name, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses will not be disclosed pursuant to Colorado law. BACK TO TOP

Annual Notification of Rights

The district will notify parents and eligible students of their rights pursuant to this policy at the beginning of each academic year. The notice will be in the form provided on exhibit JRA/JRC-E. For notice to parents or eligible students who are disabled or whose primary or home language is other than English, the format or method of notice will be modified so it is reasonably likely to inform them of their rights. A copy of the Family Educational Rights and Privacy Act and this policy on student records shall be on file in the office of each building principal and of each individual who carries out procedures relative to the act or policy. BACK TO TOP

Waivers

A parent or eligible student may waive any or all rights protected by this policy. The waiver shall not be valid unless in writing and signed by the parent or eligible student. The district does not require a waiver but may request a waiver. Any waiver under this provision may be revoked at any time in writing. Adopted: October 2004 LEGAL REFS.: 20 U.S.C. 1232g (Family Educational Rights and Privacy Act) 34 C.F.A. 99.1 et seq. (Regulations) Pub. L. 100-360, July 1, 1998 (Medicare Catastrophic Coverage Act of 1988) 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(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. 24-72-204 (3)(d) (information to military recruiters) C.R.S. 24-72-204 (3)(e)(I) (certain FERPA provisions enacted into Colorado Law) C.R.S. 24-72-204 (3)(e)(II) (disclosure by staff of information gained through personal knowledge or observation) C.R.S. 26-4-531 (districts who contract to receive federal funds for health services for students receiving medicaid benefits may share information as allowed by parent/guardian) CROSS REFS.: JK, Student Discipline JRCA*, Sharing of Student Records/Information between School District and State Agencies BACK TO TOP