Student Records - Procedures - 3600-P

Mukilteo School District
Students - Series 3000
Student Records - Procedures - 3600-P

Type of Records

Education records are records that directly relate to a student and are maintained by the District.

Student records shall be divided into two categories: the cumulative folder and supplementary records.

The cumulative folder may contain all information about a student which is collected and maintained on a routine basis, such as identifying information (name, birth date, sex, year in school, address, telephone number, parent/guardian's name, ethnic classification, emergency information [parent/guardian's place of employment, family doctor, babysitter, siblings]), identifying information may be limited if the student is a participant in the state Address Confidentiality Program; attendance records; grades and other student progress reports; results of tests of school achievement, aptitude, interests, hearing and vision; health and immunization status reports; records of school accomplishments and participation in school activities; verified reports of misconduct, including a record of disciplinary action taken; and such other information as shall enable staff to counsel with students and plan appropriate activities.

Supplementary records about a student may be collected and maintained in connection with special school concerns about the student, such as reports connected with assessment and placement of student who is formally identified as a "focus of concern;" reports from non-school persons and organizations such as physicians, psychologists and clinics, except for general screening purposes; reports pertaining to specific problems associated with the student; and current reports of psychological tests and progress reports related to a student's disabling condition. All such reports included in records shall be dated and signed.

Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record are not considered student records within the purview of these regulations and procedures.

Accessibility of Student Records

All rights accorded to parents/guardians by this policy and procedure are accorded to both parents/guardians, with or without custody, a legal guardian, and an individual acting as a parent/guardian in the absence of a parent or guardian, unless the school has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. Parents/guardians have the following rights with respect to their student's education records: the right to inspect and review the student's education records; the right to request the amendment of the student's education records that the parent/guardian believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights; 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; and the right to file a complaint with the U.S. Department of Education concerning alleged failures to comply with FERPA. Under the Family Educational Rights and Privacy Act, access to records must be provided within 45 days after a request is received.

All rights accorded to parents/guardians by this policy and procedure are transferred to the adult student, defined for the purpose of this policy and procedure as (a) all students age 18 and older and (b) students attending an institution of postsecondary education, regardless of age; provided, however, that parents/guardians of an adult student enrolled in high school who is a dependent child, as defined by the Internal Revenue Code, may inspect the student's records without the student's consent. Adult students enrolled in high school will be assumed to be dependent children unless they provide evidence to the contrary to the school.

Information contained in the cumulative folder and/or supplementary records shall be provided to persons and agencies as follows:

Records Custodian. Custodian of records are the creator and/or holder of records. A custodian may be, but is not limited to, a teacher, counselor, nurse, psychologist, principal, Student Services staff, Technology Services staff, etc.

Parents/Guardians. Parents/guardians of dependent children have the right to inspect the cumulative folder and/or supplementary records of their children. (Form: Request to Gain Access to Student Records).

  1. The parent/guardian shall be provided analysis and interpretation by qualified staff of all information in the cumulative folder and supplementary records.

     

  2. Inspection and review shall be conducted during normal working hours, unless the custodian (teacher, counselor, nurse, psychologist, principal) consents to other arrangements. Custodians shall provide assistance in the interpretation and analysis of student records as needed. Although records must remain within District control, they may be copied or reproduced by or for the parent/guardian or eligible student at their own expense.

The Student. Information from the cumulative folder shall be interpreted to the student upon their request. Information contained in supplementary records shall be interpreted to the student upon their request and with the consent of the parent/guardian. The adult student may inspect their cumulative folder and supplementary records. The right of access granted the parent/guardian or adult student includes the right to be provided a list of the types of student-related education records maintained by the school and the District. The parent/guardian and adult student shall have the right to inspect or to be informed of the content of any record containing personally identifiable information regarding more than one student, provided that the right to access shall apply only to that portion of the record or document which relates to the student. Upon graduation from high school, a student may request to receive a final transcript in addition to the diploma.

Staff. Staff who have a legitimate, educational or operational need in a student shall have access to the cumulative folder and any supplementary records.

Other Districts. Other districts shall be provided with records upon official request from the District. At the time of transfer of the records, the parent/guardian or adult student may receive a copy of the records at their expense if requested and shall have an opportunity to challenge the contents of the records. Parents/guardians shall be advised through the annual Student Rights and Responsibilities Handbook that student records shall be released to another school where the student has enrolled or intends to enroll.

Other Persons and Organizations. Prospective employers may request to review the transcript of a student. Each student shall be advised at least annually that such requests shall be honored only upon a signed release of the student. Information contained in the cumulative folder and supplementary records of a student shall be released to persons and organizations other than the student, parent/guardian, staff and other districts only with the written consent of the parent/guardian or adult student (Form: Consent to Release Student Records), with the following exceptions:

  1. Directory information may be released publicly without consent upon the condition that the parent/guardian or adult student be notified annually of the school's intention to release such information and be provided the opportunity to indicate that such information is not to be released without prior consent. Such information shall not be released for commercial reasons. Directory information is defined as the student's first and last name; photographic and electronic images; email address; dates of school attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and most recent school attended. The actual residential addresses of participants in the State Address Confidentiality Program will not be available for release as directory information.

  2. Information may be released to authorized representatives of the comptroller general of the United States, the commissioner of education, and/or an administrative head of an education agency or state education authorities in connection with the audit and evaluation of federally supported education programs or in connection with the enforcement of the federal legal requirements for such programs.

  3. Information may be released to State and local officials to whom such information is specifically required to be reported or disclosed pursuant to Washington state statute adopted prior to November 19, 1974 (examples: reporting child abuse or referrals to juvenile court for truancy).

  4. Information may be released to organizations conducting studies for educational agencies for the purpose of developing, validating or administering predictive tests or improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents/guardians by persons other than the representatives of such organizations and if such information shall be destroyed when no longer needed for the purpose for which it has been gathered.

  5. Information may be released in compliance with a judicial order or lawfully issued subpoena, upon condition that the parent/guardian or adult student be notified in advance of such compliance.

  6. Information may be released to appropriate persons and agencies in connection with an emergency to protect the health or safety of the student or other persons.

    When information from a student's record, other than directory information, is released to any person or organization other than staff, a record of such release shall be maintained as part of the specific record involved. Telephone requests for information about students shall not be honored unless the identity of the caller is known and the caller is authorized to receive the information under provisions of this rule. A record shall be made of any such release of information and placed in the student's cumulative folder. This record of access shall include date of access, name of the party granted access and the legitimate educational interest of the party granted access (Form: Record of Access to Student Records).

  7. A high school student may grant authority to the District permitting prospective employers to review the student's transcript.

  8. Military recruiters and institutions of higher education: In accordance with the No Child Left Behind Act of 2001, lists of secondary school students' names, addresses, and telephone listings will be provided to military recruiters or institutions of higher education, if they request this information, unless a secondary school student or the parent/guardian of the student requests that the student's information not be released without prior written parent/guardian consent.

Health Records

All health records should be stored in a secure area accessible only to the school health care provider, unless an appropriately executed release under Ch. 70.02 has been obtained. Such records are also covered by the Family Education Rights and Privacy Act, unless state law provides stricter protection. There is a higher standard of confidentiality for records pertaining to HIV, sexually transmitted diseases, drug or alcohol treatment, mental health treatment, family planning or abortion. Only students may authorize release of records concerning family planning or abortion, students thirteen years or older control access to drug, alcohol or mental health treatment records and students fourteen years or older may deny or authorize access to records regarding HIV or sexually transmitted diseases. The releases for information regarding sexually transmitted diseases, HIV and drug or alcohol treatment are more restrictive than ordinary medical releases.

Challenges and Hearings

Schools and departments shall inform the parent/guardian or adult student of their rights regarding student records by providing notice of the following items:

  1. Types of records maintained;

  2. Name of custodian of record;

  3. Person other than parent/guardian or adult student having access to records and the purpose for such access;

  4. Inspection, review, challenge and hearing rights;

  5. Concurrent rights of minor students;

  6. Costs for copying records; and

  7. Directory information categories.

Forms used in connection with these procedures shall contain information required by law to notify parents/guardians, adult students and others of their respective rights and duties.

At the time of inspection and review the parent/guardian or adult student granted access to records may challenge the appropriateness and accuracy of any record directly related to the student and may demand correction or deletion. Custodians (teacher, counselor, nurse, psychologist) may honor such demands by correcting or deleting records which are misleading, violative of privacy or inaccurate, provided that the senior custodian (principal or department head) concurs.

If the demanded correction or deletion is denied by the senior custodian, the parent/guardian or adult student may request an informal hearing before the Superintendent or designee, which hearing shall be held within 10 school days of the receipt of such request. During the hearing the Superintendent or designee shall review the facts as presented by the parent/guardian or adult student and the custodian and decide whether or not to order the demanded correction or deletion. The Superintendent or designee shall send their written decision to the parent/guardian or adult student within 10 school days of the hearing.

Upon denial of correction or deletion by the Superintendent or designee, the parent/guardian or adult student may request in writing a hearing before the Board, which hearing shall be conducted at its next regular meeting. During such hearing, which shall be closed to the public, the Board shall review the facts as presented by the parent/guardian or adult student and senior custodian and decide whether or not to order the demanded correction or deletion. The Board shall send its written decision to the parent/guardian or adult student within 10 school days of the hearing.

Parents/guardians or adult students challenging the appropriateness and accuracy of student records may insert a written explanation of their objections in such records.

Maintenance of Student Records

The student's principal, counselor or teacher shall be the custodian of the cumulative folder. The principal or the student's counselor shall be the custodian of the supplementary records. Duplicate copies of all guidance case study reports and reports from non-school agencies contained in a student's supplementary record may be maintained in the District Office under the supervision of the Superintendent.

Custodians shall:

  1. Maintain only those records authorized by these procedures;

  2. Safeguard student records from unauthorized use and disposition;

  3. Maintain access records;

  4. Honor access requests for parent/guardian or adult student;

  5. Delete or correct records upon approval of the senior custodian or upon order of the Superintendent or the Board; and

  6. Follow the records review schedule and procedures established by the senior custodian.

Senior custodians may assume the duties of custodians and shall:

  1. Request student records from other schools;

  2. Maintain security of student records;

  3. Transfer, destroy and expunge records as permitted;

  4. Supervise activities of their custodians;

  5. Conduct informal hearings and grant or deny approval of corrections or deletions requested by parents/guardian or adult students;

  6. Establish records review schedules and procedures for their respective schools or departments in accordance with procedures governing records disposition (Psychological test scores shall be reviewed annually to determine their relevance to the continuing educational needs of the student.);

  7. Upon transfer of the student to the next level (elementary to middle school, middle school to high school) or upon graduation or transfer outside the District, remove for retention, preservation or destruction in accordance with applicable disposition procedures any records no longer pertinent to educational program placement; and,

The District records custodian shall provide overall supervision of student records management and control and shall enforce the student records policy and the administrative procedures.

Disposition of Student Records

The permanent student record shall serve as the record of the student's school history and academic achievement. Permanent records filed in the student's cumulative folder are to be extracted and retained before disposition of the folder.

When a student transfers to another school in the District, all records including the permanent student record shall be transmitted to the other school. When a student transfers to a school outside of the District, the senior custodian shall purge the cumulative folder of all nonofficial, extraneous information. Cumulative folder records will be sent to the requesting school, unless the student has an outstanding fee or fine. In those instances the enrolling school shall be provided with information regarding the student's academic, special placement, immunization history and discipline records within two school days, and the records shall be sent as soon as possible. The official transcript shall be withheld until the fee or fine is discharged. The enrolling school district shall be notified that the transcript is being withheld due to an outstanding fee or fine. An electronic record of the cumulative folder for all students who leave the District shall be maintained for two years after discontinuance of enrollment in the District. An electronic record of the cumulative folders of high school students shall be retained for two years after graduation from high school or for two years after discontinuance of high school enrollment. In all cases, the student's permanent record card shall be retained in perpetuity by the District. Contents of a student's supplementary records shall be maintained for five years. At the time a student graduates from school or ceases to need special educational services, the parent/guardian or adult student shall be informed that record information regarding the disabling condition is no longer needed.

In informing the parent/guardian or adult student about their rights regarding such records, the District shall advise the parent/guardian or adult student that the information may be needed by the student or the parent/guardian to establish eligibility for certain adult benefits, e.g., social security. At the parent's/guardian's or adult student's request, the record information relating to the disabling condition shall be destroyed.

A parent/guardian or adult student, at their expense, may receive a copy of all records to be transmitted to another district.

Large Scale Destruction of Student Records

After exercising care in accordance with that contained in the previous section (Disposition of Student Records), the senior custodian shall bundle all records and send them to the District Office. Each bundle shall be plainly marked: "Student Records--for Destruction," dated and signed by the senior custodian. A summary sheet shall be completed and retained in the office. The sheet shall indicate: "As of this date, I have determined that the following records may be destroyed in accordance with District and state requirements and have submitted them for destruction." The summary sheet shall be dated and signed by the senior custodian.


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