STUDENT RECORDS CHECKLIST

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Subpoena or Judicial

Order                                                                                                                      Lawfully Issued    

Student Financial Aid                                                                                             Written Request    

School or Staff in                                                                                                No Written Request

Same School System                                                                                               Necessary          

Other School System

Where Student Plans

to Enroll                                                                                                                 506.1E2           

United States

Comptroller General                                                                                               506.1E2           

Dept. of Health,

Education and Welfare

Secretary                                                                                                                506.1E2           

National Institute

of Education                                                                                                          506.1E2           

Iowa Dept. of

Education Official                                                                                                 506.1E2           

Parent Inspection of

Student Educational

Records                                                                                                                 506.1E5           

Parent Request for

Hearing to Challenge

Record                                                                                                                  506.1E4           

Parent Authorization

for School to Release

Information                                                                                                          506.1E3           

Notification of Transfer

of Student Records                                                                                               506.1E6           

*Such written request shall be available for inspection by the parent or student and the school official responsible for record maintenance.

** When a student has attained the age of 18 years or is attending an institution of post-secondary education, the permission or consent required of the rights accorded the parent of the student shall thereafter be required of and accorded only to the student.

JUVENILE JUSTICE AGENCY INFORMATION SHARING AGREEMENT

Statement of Purpose:  The purpose of this Agreement is to allow for the sharing of information among the School District and the Agencies prior to a student’s adjudication in order to promote and collaborate to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

Identification of Agencies:  This agreement is between the                                                   

Community School District (hereinafter “School District”) and (agencies listed)  hereinafter “Agencies”).

Statutory Authority:  This agreement implements Iowa Code § 280.25 and is consistent with 34 C.F.R. 99.38 (1999).

Parameters of Information Exchange:

1. The School District may share any information with the Agencies contained in a student’s permanent record which is directly related to the juvenile justice system’s ability to effectively serve the student.
2. Prior to adjudication information contained in the permanent record may be disclosed by the school district to the Agencies without parental consent or court order.
3. Information contained in a student’s permanent record may be disclosed by the School District to the Agencies after adjudication only with parental consent or a court order.
4. Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordinating the delivery of programs and services to the student or student’s family.
5. Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian.
6. Information obtained by the school from other juvenile justice agencies may not be used as the basis for disciplinary action of the student.
7. This agreement only governs a school district’s ability to share information and the purposes for which that information can be used.  Other agencies are bound by their own respective confidentiality policies. 

Records’ Transmission:  The individual requesting the information should contact the principal of the building in which the student is currently enrolled or was enrolled.  The principal will forward the records within ten (10) business days of the request.

Confidentiality:  Confidential information shared between the Agencies and the school district will remain confidential and will not be shared with any other person, unless otherwise provided by law.  Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent.  Agencies or individuals violating the terms of this agreement subject their entity represented and themselves personally to legal action pursuant to federal and state law.

Amendments:  This agreement constitutes the entire agreement among the agencies with respect to information sharing.  Agencies may be added to this agreement at the discretion of the school district.

Term:  This agreement is effective from     (September 1, 2001 or other date)      .

Termination:  The school District may discontinue informaton sharing with an Agency if the School District determines that the Agency has violated the intent or letter of this Agreement.

APPROVED:

Signature:                                                                 Address:                                                

Title:                                                                         City:                                                      

Agency:                                                                    State:                         Zip:                      

Dated:                                                                      Phone Number:                                      

Signature:                                                                 Address:                                                

Title:                                                                         City:                                                      

Agency:                                                                    State:                         Zip:                      

Dated:                                                                      Phone Number:                                      

Signature:                                                                 Address:                                                

Title:                                                                         City:                                                      

Agency:                                                                    State:                         Zip:                      

Dated:                                                                      Phone Number:                                      

Signature:                                                                 Address:                                                

Title:                                                                         City:                                                      

Agency:                                                                    State:                         Zip:                      

Dated:                                                                      Phone Number:                                      

This agreement is optional and can only be used if the Board has adopted a policy approving of its use.

ANNUAL NOTICE

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s education records.  They are:

1. The right to inspect and review the student’s education records within forty-five (45) days of the day the district receives a request for access.

Parents or eligible students should submit to the school principal ( or appropriate school official) a written request that identifies the record(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.

1. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate of misleading or in violation of the student’s privacy rights.

Parents or eligible students may ask the school district to amend a record that they believe is inaccurate or misleading.  They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them or 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.

1. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests.  A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, AEA employees, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee or student assistance team, or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilty.

[Upon request, the district discloses education records without consent to official s of another school district in which a student seeks or intends to enroll.  (Note:  FERPA requires a school district to make a reasonable attempt to notify the parent or eligible student of the records request unless it states in its annual notification that it intends to forward records on request.)]

(4)    The right to inform the school district that the parent does not want directory information, as defined below, to be released.  Any student over the age of eighteen or parent not wanting this information released to the public must make objection in writing to the principal.  The objection needs to be renewed annually.

NAME; ADDRESS; TELEPHONE LISTING; DATE AND PLACE OF BIRTH; E-MAIL ADDRESS; GRADE LEVEL; ENROLLMENT STATUS; 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 SCHOOL OR INSTITUTION ATTENDED BY THE STUDENT; PHOTOGRAPH AND LIKENESS AND OTHER SIMILAR INFORMATION.

(4)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 Ave., SW,

Washington, DC 20202-4605

[The School district may share any information with the Parties contained in a student’s permanent record which is directly related to the juvenile justice system’s ability to effectively serve the student.  Prior to adjudication, information contained in the permanent record may be disclosed by the school district to the Parties without parental consent or court order.  Information contained in a student’s permanent record may be disclosed by the School District to the Parties after adjudication only with parental consent or a court order.  Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordinating the delivery of programs and services to the student or student’s family.  Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian.  Information obtained from others shall not be used for the basis of disciplinary action of the student.  This agreement only governs a school district’s ability to share information and the purposes for which that information can be used.

The purpose for the sharing of information prior to a student’s adjudication is to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

The party requesting the information will contact the principal of the building in which the student is currently enrolled or was enrolled.  The principal will forward the records within ten (10) business days of the request.

Confidential information shared between the Parties and the school district will remain confidential and will not be shared with any other person, unless otherwise provided by law.  Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian nor can it be used as the basis for disciplinary action of the student.]

USE OF STUDENT RECORDS REGULATION

Student records are all official records, files, and data directly related to students, including all material incorporated into each student's cumulative record folder and intended for school use or to be available to parties outside the school or school system specifically including, but not necessarily limited to:  date; academic work completed; level of achievement (grades, standardized 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 verified reports of serious or recurrent behavior patterns.

The intent of this regulation is to establish procedures for granting requests from parents for access to their child's records, use of the data, and procedures for its transmittal within forty-five days.

A.      Access to Records

          1.         The parent or legal guardian of a student will have access to these records upon written request to the School Principal.

                      The parent or legal guardian will, upon written request to the School Principal, have the opportunity to receive an interpretation of the records, have the right to question the data, and, if a difference of opinion is noted, shall be permitted to file a letter in the cumulative folder stating the dissenting person's position.  If further challenge is made to the record, the normal appeal procedures established by school policy will be followed.

                      A student, eighteen years or older, has the right to determine who, outside the school system, has access to the records.  Parents of students who are 18 years or older but still dependents for income tax purposes may access the student's records without prior permission of the student.

          2.         School officials having access to student records are defined as having a legitimate educational interest.  A school official is a person employed by the school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); board members, a person or company with whom the school district has contracted to perform a special task, (such as an attorney, auditor, AEA employee, medical consultant or therapist); or a parent or student serving on an official committee, such as disciplinary or grievance committee or student assistance team, or assisting another school official in performing his or her tasks. 

B.      Release of Information Outside the School

          1.         To release student records to other school(s) in which the student intends to enroll, the parents, legal guardian, or eligible student must be notified of the transfer and the kinds of information being released unless the school district annually notifies parents that the records will be sent automatically.

          2.         Student records may be released to official education and other government agencies only if allowed by state or federal law.

          3.         To release student records to other persons or agencies, written consent is given by the parent, legal guardian, or a student of majority age.  This consent form will state which records are released, to whom they are released, and the reason for the release.  A copy of the specific records being released will be made available to the person signing the release form if requested.

          4.         Before furnishing student records in compliance with judicial orders or pursuant to any lawfully issued subpoena, the school district will make a reasonable attempt to notify the parents, legal guardian, or eligible student are notified in advance.

          5.         Student records may be shared with juvenile justice agencies with which the school district has an interagency agreement.  This information is shared without prior parental consent.  The agreement is a public document available for inspection.  

1. Hearing Procedures

1. Upon parental request, the school district will hold a hearing regarding the content of a student’s records which the parent believes to be inaccurate, misleading, or in violation of the privacy rights of students
2. The hearing will be held within a reasonable time after receipt of the parent or eligible student’s request.  The parent or eligible student will receive reasonable advance notice of date, time and place of hearing.
3. The hearing officer may be an employee of the school district so long as the employee does not have a direct interest in the outcome of the hearing.
4. The parents or eligible student will be given a full and fair opportunity to present evidence relevant to the issues.  The parent of eligible student may be represented by an individual of their choice at their own expense.
5. The hearing officer will render a written decision within a reasonable period after the hearing.  The decision will be based upon evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.
6. The parents may appeal the hearing officers decision to the superintendent within (# of days)  if the superintendent does not have a direct interest in the outcome of the hearing.
7. The parents may appeal the superintendent’s decision, or the hearing officers decision if the superintendent was unable to hear the appeal, to the Board within (# of days).  It is within the discretion of the Board to hear the appeal.

Approved:   4/14/97                         Reviewed:   11/99                       Revised:      2/05

                                                                           6/16                                                   7/06

PARENTAL AUTHORIZATION FOR RELEASING STUDENT DIRECTORY INFORMATION

The Estherville Lincoln Central Community School District has adopted a policy designed to assure parents and students the full implementation, protection and enjoyment of their rights under the Family Educational Rights and Privacy Act of 1974.  A copy of the school district's policy is available for review in the office of the principal of all of our schools.

This law requires the school district to designate as "directory information" any personally identifiable information taken from a student's educational records prior to making such information available to the public.

The school district has designated the following information as directory information:  student's name, address and telephone number; 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; and the most recent previous educational institution attended by the student and other similar information.  You have the right to refuse the designation of any or all of the categories of personally identifiable information as directory information with respect to your student provided that you notify the school district in writing not later than September 1 of this school year.  If you desire to make such a refusal, please complete and return the slip attached to this notice.

If you have no objection to the use of student information, you do not need to take any action.

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RETURN THIS FORM

Estherville Lincoln Central Community School District Parental Directions to Withhold Student/Directory Information for Education Purposes, for 19   - 19   school year.

Student Name:                                                                           Date of Birth:                                         

School:                                                                                     Grade:                                                 

(Signature of Parent/Legal Guardian/Custodian of Child)              (Date)

This form must be returned to your child's school no later than September 1 of this school year.  

Additional forms are available at your child's school.

USE OF DIRECTORY INFORMATION

The student handbook or similar publication given to each student which contains general information about the school shall contain the following statement which shall be published at least annually in a prominent place or in a newspaper of general circulation in the school district:

          The following information may be released to the public in regard to any individual student of the school district as needed.  Any student over the age of eighteen or parent not wanting this information released to the public must make objection in writing by September 1 to the principal.  The objection needs to be renewed annually.

                      NAME, ADDRESS, TELEPHONE LISTING, 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 SCHOOL OR INSTITUTION ATTENDED BY THE STUDENT, AND OTHER SIMILAR INFORMATION.

                      DATED                                          , 19   .

Approved:   4/14/97                   Reviewed:    11/99

                                                                       7/06

                                                                        6/16