Policy JRA/JRC- Student Records/Release of Information on Students

Policy JRA/JRC- Student Records/Release of Information on Students

A. Definitions

1. Parent

A person who is a parent or a duly appointed legal representative officially acting as a parent; the school district shall presume this person or persons have the authority to exercise the right to inspect records unless the school has been provided a court order which prohibits such access.

2. Eligible student

A student who has reached the age of 18

3. School officials

Personnel employed by or under contract to the school district; school officials have a "legitimate educational interest" when they:

a. Seek information from a student's record in order to provide assistance to the parent or eligible student in the student's educational development

b. Are required to provide assistance in maintaining the record, or

c. Are conducting educational research approved by the administrative staff

4. Directory information

a. Student's name

b. Participation in officially recognized activities

c. Weight and height of members of athletic teams

d. Dates of attendance

e. Degrees and awards received

f. Date of birth

g. Gender

h. Photograhs

B. Records to be maintained

1. The district will maintain appropriate student records, which may include the following:

a. Social work records, including a family history and a record of home contacts

b. Reports of a psychologist or psychologists after examination

c. Health records, including types and dates of immunizations and medical records

d. Standardized test scores

e. Grades, report cards and transcripts

f. Disciplinary information, including the number and reason for all out-of-school suspensions and expulsions for the previous school year and the current year

g. Special Education Records (as appropriate)

2. Such records shall be under the custodial supervision of the school principal or staff members in the Office of Student Records

C. Inspection of records

The procedure for inspection of student records shall be as follows:

1. A parent or eligible, currently-enrolled student may inspect the student's records by presenting a written request to the school office and showing appropriate identification; school personnel shall arrange an appointment with the appropriate staff member for the inspection of the records.

2. For records of students no longer in attendance in Denver Public Schools, the parent or eligible student shall make application for inspection of records in the Office of Student Records.

3. Copies of all educational records shall be made available to parents and eligible students unless the record contains information regarding other students which cannot be removed or blocked out sufficiently for appropriate copying.

4. The fees for copies of records, including transcripts, shall be set by administrative action and publicized as needed; such fees shall be set by records but shall not exceed $1.25 per page.

D. Challenge of records

A parent or eligible student has a right to challenge the content and seek correction of a student's record if the records are inaccurate, misleading, or in violation of the privacy rights of students. The challenge procedures shall be as follows:

1. The parent or eligible student shall review the records

2. The parent or eligible student shall submit to the school principal or the appropriate school district official, if the student is withdrawn, a written challenge on the form provided by the school district .

3. The principal or school district official shall respond in writing within 20 days of receipt of the challenge; in instances of challenges to social work, psychological, or health records, these staff members should be consulted by the principal or school district official prior to responding to the challenge.

4. If the parent or eligible student disagrees with the written response and wishes to pursue the matter further, the parent or eligible student shall arrange a conference with the principal or school district official within 10 school days after the date of the written response; at the conference or within five school days following the conference, the principal or school district official should inform the parties involved of the decision in the challenge.

5. If the parent or eligible student wishes to appeal the principal's or school district official's decision, a written appeal should be forwarded to the Office of Student Records; this office shall investigate the matter further as needed and arrange for a hearing before the Superintendent's designee; parents or eligible students shall be advised at the hearing of any additional avenues of appeal.

6. The parent or eligible student may place a statement in the record commenting upon the information in the record.

7. The parent may file a complaint with the Office of Civil Rights of the U. S. Department of Education concerning an alleged failure of the Denver Public Schools to comply with this requirement.

E. Disclosure of student information

1. Student records shall be released without prior consent to the following:

a. Other school officials within or under contract to the school system who have legitimate educational interest

b. Officials of an institution of higher education, school, or school system in which the student seeks or intends to enroll

c. Authorities named in the Family Educational Rights and Privacy Act and accompanying federal regulations; these include comptroller general of the United States, secretary of education, director of the National Institute for Education, assistant secretary of education, state educational authorities, and authorities investigating or providing emergency service involving the health and safety of students

d. State and local officials who are required to get specific information pursuant to state law enacted prior to November 19, 1974

e. Anyone offering financial aid to students

f. Accrediting institutions

g. Testing and research organizations, as long as confidentiality is maintained and such organizations are required to destroy records after they are no longer needed

h. Anyone required by a court order or subpoena; the school shall inform the parent or eligible student prior to complying with the subpoena or court order.

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.

2. Directory information shall be released without prior consent unless the parent or eligible student annually notifies the school within two weeks of enrollment that such information should not be disclosed.

3. In compliance with state law, the address and phone numbers of students shall not be released without prior written consent of the parent or eligible student.

4. Whenever student information is released to anyone other than those listed above, a signed copy of the "Permission to Release Student Records" form shall be completed by the parent or eligible student and filed in the student's cumulative folder until archived. A statement of the date an to whom the record is made shall ve entered on the original copy of the record.

5. When copies of records are furnished to agencies eligible to receive such copies, a statement of the date and to whom the record is made shall be entered on the original copy of the record.

6. Copies of all releases obtained when student information is disclosed to other agencies shall be filed with the student's permanent records until the records are imaged archived.

7. Organizations wishing to do research shall first obtain the approval of the school district; after approval by the school district, permission of the parent or eligible student shall be received before identifiable student information is provided.

F. Disclosure to Military Recruiting Officers

Directory information referring to names, addresses, and home telephone numbers for high school students, may be released to a recruiting officer for any branch of the United States armed forces (military recruiters) provided that notification has been sent to the parent or, if over 18 years of age, the student, informing them that such information will be released unless specific notification to the contrary is received in writing by the Board of Education. A minimum of 15 school days must elapse between the mailing of the letter and the release of directory information to a recruiting branch of the armed forces.

Provision of directory information under this policy is subject to all provisions of the Family Educational Rights and Privacy Act. Directory information provided to military recruiters may be used only for the purpose of providing information to students regarding military services and shall not be released to any person or organization other than individuals within the recruiting services of the armed forces.

Actual expenses for providing directory information to recruiting officers shall be paid by the requesting service.

G. Transfer students

Principals may request information concerning studentS who have entered their school from other school districts or nonpublic schools. This information should be incorporated into the student's file, which then shall be governed by this policy.

H. Notification

The Denver Public Schools annually shall notify parents and eligible students of this policy and where copies may be secured. This notice also shall inform parents and eligible students of their rights to file a complaint regarding violations pursuant to the Family Rights and Privacy Act. Such complaints may be submitted to the local Office for Civil Rights of the U.S. Department of Education.

I. Medicaid

As a Medicaid provider, the Denver Public Schools will access Medicaid eligibility information for students enrolled in the Denver Public Schools from Health Care Policy and Financing (HCPF). HCPF is the designated MedicaidState agency. Directory information of names, date of birth, and gender will be released to HCPF to verify Medicaid eligibility of students in the District. With written consent from the parent or eligible student, the description of health and health-related services delivered to Medicaid eligible students will be released to Medicaid and/or the district billing agent for proper administration of the program. A dated record of all transactions will be kept on file at the DPS School Medicaid office. Parents may revoke their consent at any time.

Procedures

The Superintendent or designee shall promulgate such procedures as may be needed for the implementation of this policy.

Adopted March 17, 1996
Revised October 15, 1981
Revised to conform with practice: date of manual adoption
Revised April 1994
Revised September 5, 1996
Revised August 19, 1999
Revised August 18, 2005
LEGAL REFS: 20 U.S.C. *1232g (Family Educational Rights and Privacy Act of 1974)
34 C.F.R. *99.1 et seq. (regulations)
C.R.S. 24-72-204