FL(LOCAL) - STUDENT RECORDS

Comprehensive System

The Superintendent shall develop and maintain a comprehensive system of student records and reports dealing with all facets of the school program operation and shall ensure through reasonable procedures that records are accessed by authorized persons only, as allowed by this policy. These data and records shall be stored in a safe and secure manner and shall be conveniently retrievable for use by authorized school officials.

Cumulative Record

A student academic record (SAR) 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. Student academic records for nonenrolled students shall be retained for the period of time required by law. No permanent records may be destroyed without explicit permission from the Superintendent. [See CPC]

Custodian of Student Records

The principal is custodian of all active administrative and student records. The records management officer is the custodian of inactive records for students who have withdrawn or graduated. The records management officer shall provide assistance to the custodians, as well as establish and develop policies and procedures for the District's records management program. [See CPC(LEGAL)]

Designation of Records Clerks

Each campus handles administrative records as well as student academic records.

The principal shall designate a records clerk to oversee the student academic records and to oversee the flow of all campus administrative records (i.e., counseling, registrar, at risk, PEIMS, and the like).

The campus records clerk shall keep a log of all outgoing inactive records and shall ensure that all campus personnel properly package, label, and store inactive records before they are sent to the Records Center for destruction. Student academic records will not be stored in the same location as campus administrative records.

Custodian of Health Records

The health services administrator is custodian of all health records for currently enrolled students at the assigned school and for students who have withdrawn or graduated.

Requesting Immunization Records

U.S. Department of Health and Human Services Privacy Rule does not require the District to share information with anyone without authorization. Department staff shall process and document routine requests and respond in a timely manner. Immunization records issued by the District shall be issued in their original format and accompanied with an official seal. Former students may request records to be mailed, faxed, or e-mailed.

Written Authorization

The District shall provide an authorization form designating a former student to authorize a representative to pick up the records. (The Privacy Rule established by the Standards for Privacy of Individually Identifiable Health Information applies to any health-care entity that transmits health information in electronic form.)

Alteration of Health Records

The confidentiality of an immunization record is protected by unauthorized disclosure by the District. Alterations are considered a misrepresentation of facts. All immunization records must be maintained in their original format. [See Texas Penal Code Sec. 37-10 Tampering with a Governmental Record.]

Corrections to Health Records

If an error has been identified and can be validated, the District shall allow former students the right to request an amendment.

Types of Education Records

The record custodian shall be responsible for the education records of the District. 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 evaluations.

All documentation regarding a student's testing history and any accelerated instruction he or she has received, including any documentation of discussion or action by a grade placement committee convened for the student.

Health services record, including:

The results of any tuberculin tests required by the District.

The findings of screening or health appraisal programs the District conducts or provides. [See FFAA]

Immunization records. [See FFAB]

Attendance records.

Student questionnaires.

Records of teacher, school counselor, 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 in which the student was enrolled.

Records pertaining to participation in extracurricular activities.

Information relating to student participation in special programs.

Records of fees assessed and paid.

Records pertaining to student and parent complaints.

Other records that may contribute to an understanding of the student.

Access by Parents

The District shall make a student's records available to the student's parents, as permitted by law. The records custodian or designee shall use reasonable procedures to verify the requester's identity before disclosing student records containing personally identifiable information.

Student academic records may be reviewed in person during regular school hours without charge upon written request to the records custodian. For in-person viewing, the records custodian or designee shall be available to explain the record and to answer questions. The confidential nature of the student's records shall be maintained at all times, and records to be viewed shall be restricted to use only in the Superintendent, principal, or school counselor's office, or other restricted area designated by the records custodian. The original copy of the record or any document contained in the cumulative record shall not be removed from the school.

Copies of records are available at a per copy cost, payable in advance. Copies of records must be requested in writing. Parents may be denied copies of records if they fail to follow proper procedures or pay the copying charge. If the student qualifies for free or reduced-price lunches and the parents are unable to view the records during regular school hours, upon written request of a parent, one copy of the record shall be provided at no charge.

A parent may continue to have access to his or her child's records under specific circumstances after the student has attained 18 years of age or is attending an institution of postsecondary education. [See FL(LEGAL)]

Access by Others

The District shall not allow access to student records by any party, including a school official, unless the party has a legitimate judicial or educational interest in the records.

For the purposes of this policy, "school officials" shall include:

An employee, Board member, or agent of the District, including an attorney, a consultant, a contractor, a volunteer, a school resource officer, and any outside service provider used by the District to perform institutional services.

An employee of a cooperative of which the District is a member or of a facility with which the District contracts for placement of students with disabilities.

A contractor retained by a cooperative of which the District is a member or by a facility with which the District contracts for placement of students with disabilities.

A parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

A person appointed to serve on a team to support the District's safe and supportive school program.

All contractors provided with student records shall follow the same rules as employees concerning privacy of the records and shall return the records upon completion of the assignment.

A school official has a "legitimate educational interest" in a student's records when he or she is:

Working with the student;

Considering disciplinary or academic actions, the student's case, or an individualized education program for a student with disabilities;

Compiling statistical data;

Reviewing an education record to fulfill the official's professional responsibility; or

Investigating or evaluating programs.

Each school shall maintain a written record of any party who has requested access or obtained access to a student's academic record. The written record shall document the name and authorization of the party, the specific interest specified by the party when requesting or obtaining the information, the date, information indicating whether access was permitted or denied, and an appropriate identification of the school personnel or school official(s) granting or denying access. [See FL(LEGAL)]

Transcripts and Transfers of Student Records

The District may request transcripts from previously attended schools for students transferring into District schools; however, the ultimate responsibility for obtaining transcripts from sending schools shall rest with the parent or student, if 18 or older.

No original unduplicated student educational record shall leave the school premises, except in the event of the following:

Transfer of records within the District to another public school or to a proper school official.

The permanent student academic record folder sent to the District's records management office three years from the time the student graduates or withdraws from the school system.

Release of unduplicated student academic records so specified by judicial order in whole or part as provided here.

For purposes of a student's enrollment or transfer, the District shall promptly forward, in accordance with the time line provided in law, education records upon request to officials of other schools or school systems in which the student intends to enroll or enrolls. [See FD(LEGAL), Required Documentation] The District may return an education record to the school identified as the source of the record.

Records Responsibility for Students in Special Education

The director of special education shall be responsible for ensuring the confidentiality of any personally identifiable information in records of students in special education.

A current listing of names and positions of persons who have access to records of students in special education is maintained at the Special Services Building, 2467 Price Road.

The special education administrator shall be the custodian of all academic special education records for currently enrolled students at the assigned school and for students who have withdrawn or graduated. The special education records shall be maintained at the designated campus for the time of retention as stated on the District's retention schedule.

Procedure to Amend Records

Within 15 District business days of the record custodian's receipt of a request to amend records, the District shall notify the parents in writing of its decision on the request and, if the request is denied, of their right to a hearing. If a hearing is requested, it shall be held within ten District business days after the request is received.

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 District business 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. If the decision is to deny the request, the parents shall be informed that they have 30 District business days within which to exercise their right to place in the record a statement commenting on the contested information and/or stating any reason for disagreeing with the District's decision.

Types of Student Educational Records

As defined by the Family Educational Rights and Privacy Act (FERPA, C.F.R. 99.31), there are two types of student educational records—directory information and non-directory information. Each type of student educational record is subject to disclosure protections as stipulated below.

Directory Information

For the following school-sponsored purposes all District publications and announcements, directory information shall include: student name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; degrees, honors, and awards received; dates of attendance; grade level; most recent educational institution attended; participation in officially recognized activities and sports; and weight and height of members of athletic teams.

Non-Directory Information

Non-directory information (i.e., nonpublic information) is an education record not considered directory information that must not be released to anyone without the prior written consent of the parent. Faculty and staff members can access non-directory information only if they have a legitimate academic need to do so. Non-directory information may include, but is not limited to, social security numbers, student identification numbers, race, ethnicity, nationality, gender, transcripts, assessment results, and grade reports.

All Other Purposes

The District shall not release student directory information for any purpose other than a school-sponsored purpose, unless required by law. [See FL(LEGAL)]

Personally Identifiable Information

Personally identifiable information is information contained in an education record, such as a personal identifier, characteristic, or other information that would make a student's identity easily traceable (i.e., student identification number).

Brownsville ISD

FL(LOCAL)-X

UPDATE 114

DATE ISSUED: 11/22/2019