FJ(LEGAL) - STUDENT RECORDS

Section I: Education Records

Education Records Defined

Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto 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 anyone other than a temporary substitute for the maker of the record.

Records of a law enforcement unit of an educational agency or institution created by the law enforcement unit for a law enforcement purpose and maintained by the law enforcement unit, but not:

Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or

Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.

Records relating to an individual who is employed by an educational agency or institution, that are made and maintained in the normal course of business, relate exclusively to the individual in that individual's capacity as an employee, and are not available for use for any other purpose.

Records on a student who is 18 years of age or older, or who is attending an institution of postsecondary education, that are:

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;

Made, maintained, or used only in connection with treatment of the student; and

Disclosed only to individuals providing the treatment. 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.

Records that are created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student.

Grades on peer-graded papers before they are collected and recorded by a teacher.

Privacy Rule for Non-Education Records

Covered Entity

A health plan.

A health-care clearinghouse.

A health-care provider who transmits any health information in electronic form in connection with a transaction covered by 45 C.F.R. Subtitle A, Subchapter C. [See CKD]

Section II: Access, Disclosure, and Amendment

Definitions

Alleged Perpetrator of a Crime of Violence

Arson;

Assault offenses;

Burglary;

Criminal homicide—manslaughter by negligence;

Criminal homicide—murder and nonnegligent manslaughter;

Destruction/damage/vandalism of property;

Kidnapping/abduction;

Robbery; or

Forcible sex offenses.

Alleged Perpetrator of a Nonforcible Sex Offense

Attendance

Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and

The period during which a person is working under a work-study program.

Authorized Representative

Disclosure

Education Program

Eligible Student

Final Results

Parent

Personally Identifiable Information

The student's name;

The name of the student's parent or other family members;

The address of the student or student's family;

A personal identifier, such as the student's biometric record, defined as a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual (e.g., fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting), social security number; or student number;

Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name;

Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

Information requested by a person who the educational agency or institution, including a college district, reasonably believes knows the identity of the student to whom the education record relates.

Record

Sanction Imposed

Signed and Dated Written Consent

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

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

Violation Committed

Access by Student and Parents

Exceptions

Component of an Institution
Records of Other Students
Financial Records and Confidential Letters of Recommendation

Financial records, including any information those records contain, of his or her parents;

Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and

Confidential letters and confidential statements of recommendation placed in the student's education records after January 1, 1975, if:

The student has waived his or her right to inspect and review those letters and statements; and

Those letters and statements are related to the student's admission to an educational institution; application for employment; or receipt of an honor or honorary recognition.

Access by Other Persons

School Officials

The disclosure is to other school officials, including faculty, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.

Performs an institutional service or function for which the agency or institution would otherwise use employees;

Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and

Is subject to the requirements of 34 C.F.R. 99.33(a) governing the use and redisclosure of personally identifiable information from education records.

34 C.F.R. 99.31, .36

Officials of Other Schools

The disclosure is to officials of another school, school system, or institution of postsecondary education in which the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer. An educational agency or institution that discloses an education record under this provision shall:

Make a reasonable attempt to notify the eligible student at the last known address of the eligible student, unless:

The disclosure is initiated by the eligible student; or

The annual notification of the agency or institution under 34 C.F.R. 99.7 includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer;

Give the eligible student, upon request, a copy of the record that was disclosed; and

Give the eligible student, upon request, an opportunity for a hearing under 34 C.F.R. Part 99, Subpart C to challenge the content of the record.

34 C.F.R. 99.31, .34

Authorized Governmental Representatives

The disclosure is to authorized representatives of the officials or agencies headed by the comptroller general of the United States, the attorney general of the United States, the secretary of education, or state and local educational authorities who require access to student or other records necessary in connection with the audit and evaluation of federal- or state-supported education programs or in connection with the enforcement of or compliance with federal legal requirements that relate to such programs.

Financial Aid

The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid; determine the amount of the aid; determine the conditions for the aid; or enforce the terms and conditions of the aid.

Juvenile Justice Officials

The disclosure is to state and local officials or authorities to whom this information is specifically allowed to be reported or disclosed pursuant to state statute adopted:

Before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and its ability to effectively serve the student whose records are released, or

After November 19, 1974, if:

The allowed reporting or disclosure concerns the juvenile justice system and its ability to effectively serve, prior to adjudication, the student whose records are released; and

The officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the student.

Organizations Conducting Studies

The disclosure is to organizations conducting studies for or on behalf of educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid programs, and improve instruction. An educational agency or institution may disclose personally identifiable information only if the study is conducted in a manner that does not permit personal identification of students and their parents by individuals other than representatives of the organization who have legitimate interests in the information. The information must be destroyed when no longer needed for the purposes for which the study was conducted.

Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed;

Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement;

Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; and

Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.

Accrediting Organizations

The disclosure is to accrediting organizations to carry out their accrediting functions.

Subpoenaed Records

The disclosure is to comply with a judicial order or lawfully issued subpoena. The educational agency or institution may disclose information only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with:

A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or

An ex parte court order obtained by the U.S. Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.

Courts

If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff.

Health and Safety Emergency

The disclosure is in connection with a health or safety emergency. An educational agency or institution may disclose personally identifiable information from an education record to appropriate persons, including the parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

Directory Information

The disclosure is information the educational agency or institution has designated as "directory information," under the conditions described below.

Alleged Victim

The disclosure, subject to the requirements in 34 C.F.R. 99.39, is to a victim of an alleged perpetrator of a crime of violence or a nonforcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed.

Associated with Disciplinary Proceeding

The disclosure, subject to the requirements in 34 C.F.R. 99.39, is in connection with a disciplinary proceeding at an institution of postsecondary education. The institution must not disclose the final results of the disciplinary proceeding unless it determines that:

The student is an alleged perpetrator of a crime of violence or nonforcible sex offense; and

With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies.

Violation of Federal, State, or Local Law

The disclosure is to a parent of a student at an institution of postsecondary education regarding the student's violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance if:

The institution determines that the student has committed a disciplinary violation with respect to that use or possession; and

The student is under the age of 21 at the time of the disclosure to the parent.

Sex Offenders

The disclosure concerns sex offenders and other individuals required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable federal guidelines.

Request Procedure

Inspection and Review

Destruction of Records

De-Identified Records

Education Research

An educational agency or institution or other party that releases de-identified data under this section does not disclose any information about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code;

The record code is used for no purpose other than identifying a de-identified record for purposes of education research and cannot be used to ascertain personally identifiable information about a student; and

The record code is not based on a student's social security number or other personal information.

Authenticating Requestors' Identities

Release of Academic Information

The National Student Clearinghouse; or

A similar electronic data sharing and exchange platform operated by an agent of the institution or district that meets nationally accepted standards, conventions, and practices.

Education Code 51.9715

Electronic Student Records System

Course or grade completion;

Teachers of record;

Assessment instrument results;

Receipt of special education services, including placement in a special education program and the individualized education program developed; and

Personal graduation plan as described by Education Code 28.0212 or 28.02121, as applicable.

Education Code 7.010(b)–(c), (f)

Transfer Not Permitted

The disclosures meet the requirements of 34 C.F.R. 99.31; and

The educational agency or institution has complied with the requirements of 34 C.F.R. 99.32(b) regarding the record of disclosure; or a state or local educational authority or federal official or agency listed in 34 C.F.R. 99.31(a)(3) has complied with the requirements of 34 C.F.R. 99.32(b)(2).

Record of Access to Student Record

The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and

The parties to whom the agency or institution disclosed the information.

The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and

The legitimate interests under 34 C.F.R. 99.31, which each of the additional parties has in requesting or obtaining the information.

The parent or eligible student.

The school official or his or her assistants who are responsible for the custody of the records.

Those parties authorized in 34 C.F.R. 99.31(a)(1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institution.

Right to Amend Records

Fees for Copies

Annual Notification of Rights

Inspect and review the student's education records;

Seek amendment of the student's education records that the eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;

Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the Act and 34 C.F.R. 99.31 authorize disclosure without consent; and

File with the U.S. Department of Education a complaint under 34 C.F.R. 99.63 and 99.64 concerning alleged failures by the educational agency or institution to comply with the requirements of the Act and 34 C.F.R. part 99.

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

The procedure for requesting amendment of records under 34 C.F.R. 99.20.

If the educational agency or institution has a policy of disclosing education records under 34 C.F.R. 99.31(a)(1), a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.

Section III: Directory Information

Directory Information Defined

Social security number; or

Student identification (ID) number, except:

A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user; or

A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

Disclosure of Directory Information

The types of personally identifiable information that the agency or institution has designated as directory information.

An eligible student's right to refuse to let the agency or institution designate any or all of that information about the student as directory information.

The period of time within which the eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

Specific Parties

In Class

Student ID Card or Badge

Former Students

Confirmation of Identity or Records

Section IV: Miscellaneous Provisions

Transcript Notation of Ineligibility to Reenroll

Education Code 51.9364(a)–(b), (d)

Vernon College

FJ(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019