South Sanpete School District - JOA - Transfer of Student Records

Transfer of Student Records

Adopted: 2-17-81

Revised: 12-14-05; 11-10-15

Philosophy—

The South Sanpete Board of Education is committed to see that the District’s records of students are managed in a confidential, efficient and responsible manner. Therefore, the Board delegates to the District and school administration the responsibility for establishing criteria for maintaining, classifying, preserving, transferring, and accessing District records in compliance with the Government Records Access and Management Act (GRAMA) found in Utah Code 63-2 and in the Family Educational Rights and Privacy Act (FERPA) found in 20 USC, 1232g; 34 CFR Part 99.

Definitions—

Education Records - For the purpose of this Policy, the term “education records” means those records, files, documents, and other materials that contain personal, confidential information directly related to a student and are maintained by the school by a designated school official.
1. The following are classified as Education Records:
  1. Special Education Records,504 Records, etc;
  2. Immunization Records and Special Health Records;
  3. Assessment Records;
  4. Attendance Records;
  5. Behavior or Discipline Records;
  6. Academic Records (grades, credits, etc.);
  7. Items found in the student’s Cumulative Record;
  8. Legal and/or Court Records; and
  9. Others as determined by a school, a court of law, or District/school administration
2. The term "education records" does not include:
  1. Records that contain only information about a student after he or she is no longer a student in the District.
  2. Records made by District personnel that are kept in the sole possession of the maker and are not accessible or revealed to anyone other than a temporary substitute for the maker of the record.
  3. Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement.
  4. Records relating to an individual who is employed by an educational agency or institution, that:
    1. Are made and maintained in the normal course of business;
    2. Relate exclusively to the individual in that individual's capacity as an employee; and
    3. Are not available for use for any other purpose.
  5. Records relating to an individual in attendance at the school who is employed as a result of his or her status as a student.
  6. Records on a student who is eighteen (18) years of age or older that are:
    1. Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
    2. Made, maintained, or used only in connection with treatment of the student; and
    3. Disclosed only to individuals providing the treatment.
    4. For the purpose of this definition, ``treatment'' does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.
      20 U.S.C. § 1232g
      34 CFR § 99.3(b)
      Utah Code § 53A-13-301 (2015)

Custodian of Records—
The principal is the custodian of all education records for currently enrolled students. The Superintendent is the custodian of all education records for students who have withdrawn or graduated. The record custodian or his/her designee shall respond to reasonable requests for explanation and interpretation of the records.

Types and Locations of Records—
Each record custodian shall be responsible for the District education records at his/her assigned location. These records may include:

Admissions data, personal and family data, including certification of date of birth.
Standardized test data, including intelligence, aptitude, interest, personality, and social adjustment ratings.
All achievement records, as determined by tests, recorded grades, and teacher evaluation.
Health services records, including:
1. The results of any tuberculin tests administered by the District.
2. The findings of screening or health appraisal programs the District conducts or provides.
3. Information and follow-up to ensure that parents have been notified of identified problems and how they can obtain needed services for the students.
4. Immunization records.
Attendance records.
Student questionnaires.
Records of teacher, counselors or administrative conferences with the student or pertaining to the student.
Verified reports of serious or recurrent behavior patterns.
Copies of correspondence with parents and others concerned with the student.
Records transferred from other districts the student has been enrolled in.
Records pertaining to participation in extracurricular activities.
Information relating to student participation in special programs.
Records of fees assessed and paid.
Other records that may contribute to an understanding of the student.

Comprehensive System—

The District shall develop and maintain a comprehensive system of student records and reports dealing with all facets of the school program operation. These data and records shall be stored in a safe and secure manner and shall be conveniently retrievable for use by authorized school personnel.
A cumulative record shall be maintained for each student from entrance into District schools until withdrawal or graduation from the District.
This record shall move with the student from school to school and be maintained at the school where currently enrolled until graduation or withdrawal. Records for non-enrolled students shall be retained for the period of time required by law. No permanent records may be destroyed without explicit permission from the Superintendent.
A school shall request a certified copy of a transfer student's record, directly from the transfer student's previous school, within fourteen (14) days after enrolling the transfer student unless the student is a military child (see below).
The District shall promptly forward education records, upon request, to officials of other schools or school systems in which the student intends to enroll within thirty (30) school days of the request, unless the student is a military child.
Utah Code § 53A-11-504 (2010)

Access to Education Records—

Access to the education records of a student who is or has been in attendance at a school in the District shall be granted to the parent of the student who is a minor or who is a dependent for tax purposes. “Parent” includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
34 CFR § 99.3(b)

The District shall presume that a parent has authority to inspect and review the student’s records unless it has been provided with evidence through a court order, state statue, or legally binding document that specifically revokes these rights.
34 CFR § 99.4
Parents of the student, the student and school officials with legitimate or legal educational interests are the only persons who have general access to a student’s educational records.
School officials and others who do have legitimate or legal educational interests shall maintain confidentiality in regards to student records and information.
FERPA gives parents certain rights with respect to their children’s educational records; however, these rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have been transferred are “eligible students.”
34 CFR § 99.5
If material in the education record of a student includes information on another student, only the portion of the material relating to the student whose records were requested may be inspected and reviewed.
The District may not release student educational records without parental consent except as provided in the Family Educational and Privacy Act (FERPA).
34 CFR § 300.571

Right to Amend Records—

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the school will notify the parent or eligible student within 15 (fifteen) school days of the right to a formal hearing. Parents shall be notified in advance of the date, time, and place of the hearing.
An administrator who is not responsible for the contested records and who does not have a direct interest in the outcome of the hearing, shall conduct the hearing. The parents shall be given a full and fair opportunity to present evidence and, at their own expense, may be assisted or represented at the hearing. The parents shall be notified of the decision in writing within ten (10) school days of the hearing. The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision.
After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Any explanation shall be maintained with the contested part of the record as long as the record is maintained and shall be disclosed whenever the contested portion of the record is disclosed.
34 CFR § 99.20
34 CFR § 99.21

Transferring or Releasing Student Education Records—

Generally, schools must have written permission from the parent or the eligible student in order to transfer or release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions:
1. School officials with legitimate educational interest;
2. Other schools to which a student is transferring, provided that the District either:
  1. Includes in its policies a statement that notifies the parent or student that education records will be forwarded to other schools upon request of school officials; or
  2. Makes a reasonable attempt to notify the parent (unless the record transfer is initiated by the parent.)
    1. In either case, the District shall furnish a copy of the transferred records to the parent if requested, and give the parent an opportunity for a hearing to challenge the content of the record.
  3. Specified officials for audit or evaluation purposes;
    34 CFR § 99.31
    34 CFR § 99.35
  4. Appropriate parties in connection with financial aid to a student;
  5. Accrediting organizations;
  6. To comply with judicial order or lawfully issued subpoenas;
  7. Any person requesting directory information, as defined in local policy, after the District has given public notice of that definition.
    34 CFR § 99.31
    34 CFR § 99.37
  8. Appropriate officials in cases of health and safety emergencies; and
  9. State and local authorities, within a juvenile justice system, pursuant to specific State law.
If an authorized entity or official requests personal information from student education records, the records shall be transferred only on the condition that such party will not permit any other party to have access to personal information without the written consent of the student's parent.
Request Procedures
1. The cumulative record shall be made available to the parent. Records may be reviewed during regular school hours upon request to the record custodian. The record custodian or designee shall be present to explain the record and to answer questions. The confidential nature of the student's records shall be maintained at all times, and the records shall not be removed from appropriate areas.
2. Upon request of a properly qualified individual, access to a student's education record shall be granted within a reasonable period of time, not to exceed forty-five (45) days. The District shall respond to reasonable requests for explanations and interpretations of the records.
  34 CFR § 99.10

Record of Access to Student Records
1. The District shall keep a record of persons obtaining access to these student records (except access by parents and authorized employees) including name, date of access, and the purpose for which the person is authorized to use the records. The record will be maintained as long as the District maintains the student's education record. The record of access shall be available only to parents, school officials responsible for custody of the records, and those state, local, and federal officials authorized to audit the operation of the system.
  34 CFR § 300.563
  20 U.S.C. § 1232g
2. The record shall not include requests for access by, or access granted to:
  1. Parents of the student or officials of the District, requests accompanied by prior written consent of the parent,
  2. Requests for directory information, or
  3. A party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena.
    34 CFR § 99.32

Directory Information—

Schools may disclose, without consent, “Directory Information” such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must notify parents and eligible students what Directory Information may be released and allow parents and eligible students a reasonable amount of time to request the school to not disclose the Directory Information. The school shall disclose Directory Information if parents or eligible students do not respond in writing in a reasonable amount of time. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, PTA bulletin, student handbook, newspaper article, etc.) is left to the discretion of each school.

The District may release information if it has given public notice of:
1. The types of personally identifiable information that it has designated as directory information.
2. The right of the parent to refuse to permit the District to designate any or all of that information about the student as directory information.
3. The period of time within which the parent must notify the District in writing that he or she does not want any or all of those types of information about the student designated as directory information.
  34 CFR § 99.37

Records Maintenance—

Screening Records
1. The Principal of each school shall maintain records of screening for special senses and communication disorders and spinal screening for each student in the school. Records shall be open for inspection by the state or local health department. Individual screening records may be transferred among schools in accordance with provisions below concerning access by other persons.
  20 U.S.C. § 1232(g)
Immunization Records
a. The District shall maintain an individual immunization record during the period of attendance for each student admitted. The records shall be open for inspection at all reasonable times by representatives of local health departments or the Utah Department of Health. The District shall cooperate with other districts in transferring students' immunization records between schools. Specific approval from students, parents, or guardians is not required prior to making such record transfers.
Assessment Transfers
a. The results of individual student performance on basic skills assessment instruments or other achievement tests administered by the District are confidential and may be made available
only to the student, the student's parent or guardian, and to the school personnel directly involved with the student's educational program. However, overall student performance data
shall be aggregated by school and District and made available to the public, with appropriate interpretations, at regularly scheduled Board meetings. The information may not contain the
names or other identifying information of individual students or teachers.
Academic Achievement Record
a. The District shall maintain a student academic achievement record on each student enrolled in the District. This record shall reflect courses of study completed and shall substantiate the
fulfillment of course requirements toward qualifying for high school graduation. A copy of this record shall be furnished to each student transferring to another school district.
Records of Handicapped Students
a. The District shall permit parents to inspect and review education records collected, maintained, or used for purposes of identifying, evaluating, placing, or educating handicapped
students.
34 CFR § 300.562(a)
Military Child’s Records

a. If the parent or legal guardian of a military child requests an official education record and the school is unable to release the official education record, the school shall provide the parent or
guardian of the military child with an unofficial education record.

b. If a school requires an official education record in order to enroll a student, the school shall enroll and appropriately place a military child based on information in an unofficial record
pending validation by an official record.

c. A school that enrolls a military child shall request a certified copy of a military child's official education record, directly from the military child's previous school, simultaneously with
enrolling the military child.

d. If a school receives a request to forward a certified copy of a military child's official education record, the school shall comply within ten (10) days of the request.

e. “Military child” means a child enrolled in kindergarten through grade 12 who is legally residing in the household of an active duty service member or whose parent or legal guardian is an
active duty service member in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders.
Utah Code § 53A-1-1001, Article IV (2010)

7. Records of a Missing Child

Upon notification by an authorized law enforcement agency ("division") of a missing child, the school in which that child is currently or was previously enrolled shall flag the record of that child in a manner that whenever a copy of or information regarding the record is requested, the school is alerted to the fact that the record is that of a missing child.
The school shall immediately report any request concerning flagged records or knowledge as to the whereabouts of any missing child to the division. The school may not forward the record to the new school.
Upon notification by the division that a missing child has been recovered, the school shall remove the flag from that child's record.
Utah Code § 53A-11-502 (1998)

Prohibited Disclosure or Psychological Testing—

Except as permitted for crisis intervention, the District prohibits the administration of any psychological or psychiatric examination, test, treatment, survey, analysis or evaluation unless the student's parent or legal guardian has been given at least two weeks written notice. The District will also obtain consent if such disclosure would tend to reveal information concerning the student's or a family member’s:
1. political affiliation or philosophies;
2. mental or psychological problems;
3. sexual behavior, orientation or attitudes;
4. illegal, anti-social, self-incriminating or demeaning behavior;
5. critical appraisals of individuals with whom the student or family member has close family relationships;
6. religious affiliation or beliefs;
7. legally recognized privileged and analogous relationships, such as those with attorneys, medical professionals or religious clerics; and
8. income, except as otherwise required by law.
  Utah Code § 53A-13-302 (2014)

The notice to the parent or guardian shall state the availability of written information concerning:
1. the nature of records or information about relationships that have been requested for examination;
2. the means by which the records or information shall be examined;
3. a copy of any questions to be asked of the student in obtaining the desired survey information to be made available to the school;
4. the means by which the information shall be obtained;
5. the identity of the person(s) or entity requesting release of the information;
6. the purposes for which the records are needed;
7. a method by which the parent or guardian of a student can grant permission to access or examine the personally identifiable information.
If express written consent from the parent or guardian has not been obtained authorizing the collection or release of information and documents defined above, such documents and information shall not be obtained or disclosed.
Utah Code § 53A-13-302(2), (4) (2014)

Term of Consent
1. The authorization is valid only for the activity for which it was granted. However, the District may request parental authorization that shall be valid until the commencement of the subsequent school year or until the student withdraws from the program in which such testing, evaluation or survey is conducted.
  Utah Code § 53A-13-302(5)(c) (2014)

Permitted Crisis Intervention—
If a school employee, agent, or resource officer believes a student is at risk of (a) attempting suicide, (b) physical self-harm, or (c) harming others, then the employee, agent, or officer may question the student about the suicidal thoughts, self-harming behavior, or thoughts of harming others in order to refer the student to appropriate prevention services and to inform the student's parent or guardian. However, the questioning shall be limited to that which is necessary for referral to prevention services or to make the parent or guardian aware of the perceived risk.
Utah Code § 53A-13-302(7) (2014)

Notice of Behavior that may Threaten Safety—

In the event a student is expelled for a period of more than ten (10) days for use or distribution of alcohol or a controlled substance, or for possession of an incendiary device or firearm, a record stating the cause of expulsion shall be created and provided only to the following persons:
1. The Principal or Assistant Principal over students in any alternative educational setting where the student will be educated;
2. Any teachers of the student in the alternative education placement; and
3. Counselors in any school where the student attends who may provide counseling services to the student.
If appropriate, the record shall state also any appropriate precautions to be observed in the education of the student.
The District shall not provide copies of such private records to any persons except those identified and the parent or legal guardian of the student without a court order.

Confidentiality—
The District shall protect the confidentiality of personally identifiable information in collection, storage, disclosure, and destruction of records. All persons collecting or using this information shall receive training or instruction concerning the legal requirements involved in handling these records.
34 CFR § 300.572

Destruction of Information—
The District shall inform parents when personally identifiable information pertaining to handicapped education is no longer needed to provide educational services to the student. Such information shall be destroyed on request of the parent. A permanent record of the student's name, address, and phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limit.

34 CFR § 300.573

Fees for Records—
No fee shall be charged to search, transfer or retrieve educational records. However, a fee may be charged for copies of education records that are made for parents or students. The fee shall be reasonable and within school guidelines.
20 U.S.C. § 1232g
34 CFR § 99.11

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