CREIGHTON ELEMENTARY SCHOOL DISTRICT NO. 14

FL

STUDENT RECORDS

LOCAL

Required student records (regular and special education) will be prepared in a manner consistent with state and federal laws, the requirements of the Arizona Uniform System of Financial Records (USFR), and those of the Arizona Department of Libraries, Archives, and Public Records.  Retention periods and disposition of records shall be as specified in the USFR, the Arizona Department of Library Archives and Public Records, and relevant federal statutes and regulations.

The District will comply with the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT), and the Every Student Succeeds Act of 2015 (ESSA) in the establishment, maintenance, correction, and disposition of student records.

The Board directs the Superintendent to establish procedures for such compliance, including informing parents, students, and the public of the contents.  The Superintendent will implement procedures as required by law and will establish procedures for dealing with violations.

If a parent or eligible student believes that the District is violating the FERPA, that person has a right to file a complaint with the U.S. Department of Education.  The address is:

                                     The Family Policy Compliance Office
                                     U.S. Department of Education
                                     400 Maryland Avenue, SW
                                     Washington, DC 20202-4605
                                     Telephone number: (202) 260-3887

In adopting this policy it is the intent of the Board that the policy and related procedures be implemented immediately.  Copies of the policy and procedures will be available for parent and eligible student review in the District office.

CONFIDENTIALITY

The right to inspect and review education records and the release of or access to such records, other information, or instructional materials will be consistent with federal law in the Family Educational Rights and Privacy Act, Title 20, United States Code, sections 1232g and 1232h, the USA PATRIOT ACT, ESSA, and with federal regulations issued pursuant to such act.

ANNUAL NOTIFICATION

Within the first three (3) weeks of each school year, the District will publish in a District communication a notice to parents and eligible students of their rights under the FERPA and this procedure.  This notice will also be provided to each parent of new students enrolling after school begins [34 C.F.R. 99.7].  The District will arrange to provide translation of the notice to non-English-speaking parents in their native language or mode of communication [34 C.F.R. 300.9].  The notice shall inform the parents of:

A.  The right of the parent or an eligible student to inspect and review the student's education records.

B.  The intent of the District to limit the disclosure of personally identifiable information contained in a student's education records, including disciplinary records, except by the prior written consent of the parent or eligible student or under certain limited circumstances as permitted by the FERPA, the USA PATRIOT Act or the ESSA Act.

C.  The right of the parent or eligible student to seek to correct parts of the school education records that the student or the parent believes to be inaccurate, misleading, or in violation of student rights.  This right includes the right to a hearing to present evidence that the record should be changed if the District decides not to alter it according to the parent's or eligible student's request.

D.  The right of the parent or eligible student to file a complaint with the U.S. Department of Education if they believe the District has violated the FERPA.

Parents and eligible students have the following rights under the Family Educational Rights and Privacy Act (FERPA) and this procedure [34 C.F.R. 99.7 and  300.613].  The notice shall also include:

A.  The procedure for exercising the right to inspect and review education records.

B.  The procedure for requesting amendments to education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise a violation of the student's privacy rights.

C.  The conditions when prior consent is not required are the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.

If the School District permits the release of directory information relating to pupils, the information shall be released on or before October 31 of each year.  The Superintendent shall develop procedures to communicate to students and their parents in a timely manner information relating to access to the Arizona Department of Education form, which is designed to allow pupils to request that directory information not be released pursuant to the Elementary and Secondary Education Act (ESEA) as reauthorized by the Every Student Succeeds Act (ESSA) Act of 2015.

DEFINITIONS

Student - Any person who attends or has attended a program of instruction sponsored by the District and for whom the District maintains education records.

Eligible student - A student who has reached age eighteen (18) or is attending a postsecondary school.

Parent - Either the natural parent of a student, unless the parent's rights under the FERPA have been removed by a court order, statute, or other legal document, or a guardian, or an individual acting as a parent or guardian in the absence of the student's parent or guardian.  The District may presume that the parent has the authority to inspect and review education records relating to his or her child unless the District has been advised that the parent does not have authority under applicable law.

Education records - Any information directly related to a student recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, or microfiche, that is maintained by the District, an employee of the District, or any agent of the District except:

1.Personal records kept by an employee of the District that meets the following tests:

a.  It is used only as a personal memory aid.

b.  It is kept in the personal possession of the individual who made it.

c.  It is not accessible and has never been revealed to any other person except the employee's temporary substitute.

2.  Medical treatment records maintained for "eligible students."

3.  Records collected and maintained by a law enforcement unit of the school.

4.  Records containing only information about a person after that individual is no longer a student in the District.

5.  An employment record that is used only in relation to a student's employment by the District.

6.  Related alumni records after the student no longer attends classes provided by the District, and the records do not relate to the person as a student.

Personally identifiable information - Any data or information that makes the subject of a record known.  This includes the student's name, the name(s) of the student's parent(s) or other family member(s), the student's address, the student's Social Security number, a student number, a list of personal characteristics, or other information that would make the student's identity easily traceable.

Signed and dated written consent - May include a record and signature in electronic form that:

1.  Identifies and authenticates a particular person as the source of the electronic consent.

2.  Indicates such person's approval of the information contained in the electronic consent.

PROCEDURE TO INSPECT EDUCATION RECORDS
The principal or other education records custodian will make the needed arrangements as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected.  This procedure must be completed in forty-five (45) days or less after receipt of the request for access [34 C.F.R. 300.613].

If, for any valid reason, such as working hours, distance between record location sites, or health, the parent or eligible student cannot personally inspect and review a student's education records, the District will arrange for the parent or eligible student to obtain copies of the record.  See below for information regarding fees for copies of records [34 C.F.R. 300.613 and 99.10].

When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the records of the other students [34 C.F.R. 300.615, 99.5 and 99.12].

FEES FOR COPIES OF RECORDS

All records subject to disclosure under this procedure shall be available for inspection free of charge.  If copies are desired, they shall be furnished by the District to the parent or eligible student on request and free of charge.  Additional copies may be sent to other schools or agencies without charge.  However, the District reserves the right to charge up to thirty-five cents (35¢) per page for multiple or excessive requests.  Copies of available records shall be produced as promptly as possible upon receipt of the request.  No fee will be charged for search and retrieval of records [34 C.F.R. 300.617 and 99.11].

The District will provide copies of records:

A.  When the refusal to provide copies effectively denies access to the records by the parent or eligible student [34 C.F.R. 300.617].

B.  At the request of the parent or eligible student, when the District has provided the records to third parties by the prior consent of the parent or eligible student.

C.  At the request of the parent or eligible student when the District has forwarded the records to another school where the student seeks or intends to enroll.

DIRECTORY INFORMATION

The District designates the following personally identifiable information contained in a student's education records as "directory information" and may disclose that information without prior written consent [20 U.S.C. 1232g(a)(5)(A)]:

A.  The student's name.

B.  The student's address.

C.  The student's telephone listing.

D.  The student's date and place of birth.

E.  The student's electronic mail address.

F.  The student's photograph.

G.  The student's grade level.

H.  The student's major field of study.

I.   The student's dates of attendance.

J.   The student's enrollment status (e.g., part-time or full-time).

K.  The student's participation in officially recognized activities and sports.

L.  The student's weight and height if a member of an athletic team.

M. The student's honors and awards received.

N.  The students most recently attended an educational agency or institution.

USE OF STUDENT EDUCATION RECORDS

To carry out their responsibilities, school officials will have access to student education records for legitimate educational purposes.  The District will use the following criteria to determine who are school officials [34 C.F.R. 99.31]:

A.  A person duly elected to the Board (under limited circumstances).

B.  A person certificated by the state and appointed by the Board to an administrative or supervisory position.

C.  A person certificated by the state and under contract to the Board as an instructor.

D.  A person employed by the Board as a temporary substitute for administrative, supervisory, or instructional personnel for the period of such performance as a substitute.

E.  A person employed by or under contract to the Board to perform a special task, such as a secretary, a clerk, the Board attorney, or auditor, for the period of such performance as an employee or contractor.

District officials who meet the criteria listed above will have access to a student's records if they have a legitimate educational interest in doing so [34 C.F.R. 99.32].  A "legitimate educational interest" is the person's need to know in order to:

A.  Perform an administrative task required in the school employee's position description approved by the Board.

B.  Perform a supervisory or instructional task directly related to the student's education.

C.  Perform a service or benefit for the student or the student's family, such as health care, counseling, student job placement, or student financial aid.

LEGAL 
A.R.S. 
15-141
15-142
15-828
15-829
25-403.06
44-1373
10 U.S.C. 503
20 U.S.C. 1232
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 7908
34 C.F.R. 300