FL(LEGAL) -

Education Records

"Education Records" Defined

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

Records made by district personnel 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 maintained by a law enforcement unit of a district that were created by that law enforcement unit for the purpose of law enforcement.

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.

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

Screening Records

Immunization Records

Medical Records

Privacy Rule for Non-"Education Records"

Food Allergy Information

Exceptions

Assessment Instruments

Academic Achievement Record (Grades 9–12)

Enrollment Records

The child's birth certificate, or another document suitable as proof of the child's identity as defined by the commissioner in the Student Attendance Accounting Handbook.

A copy of the child's records from the school the child most recently attended if he or she was previously enrolled in a school in Texas or in another state.

Access, Disclosure, and Amendment

Access to Education Records

Definitions

"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.

"Disclosure"
"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 district reasonably believes knows the identity of the student to whom the education record relates.

"Record"
"Authorized Representative"
"Education Program"
"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.

Access by Parents

Access by Student

Access by Others

School Officials

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

Is under the direct control of the district 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.

Officials of Other Schools

Includes in its policies a statement that notifies the parent or student that it forwards education records on request of the other school to such officials; or

Makes a reasonable attempt to notify the parent (unless the record transfer is initiated by the parent).

Authorized Government Representatives
Financial Aid Personnel
Juvenile Justice Officials

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 district 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

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
Health or Safety Emergency
Agriculture Secretary
Child Welfare Agency
Directory Information
Written Consent

Information Collection

U.S. DOE–Funded Surveys

Political affiliations or beliefs of the student or the student's parents.

Mental and psychological problems of the student or the student's family.

Sex behavior and attitudes.

Illegal, anti-social, self-incriminating, and demeaning behavior.

Critical appraisals of other individuals with whom students have close family relationships.

Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.

Religious practices, affiliations, or beliefs of the student or student's parent.

Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.

Funded by Other Sources

Subpoenaed Records

Sex Offenders

Request Procedure

Records Destruction

De-Identified Records

Education Research

A district 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

Transfer Not Permitted

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

The district 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 re-questing information through a subpoena or ex parte order has complied with the requirements of 34 C.F.R. 99.32(b)(2).

Record of Access to Student Records

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 district disclosed the information.

Right to Amend

Fees for Copies

Records of Students with Disabilities

Access Rights

Parents may request that a representative inspect and review the records. 34 C.F.R. 300.613(b)(3)

A district shall comply with a request without unnecessary delay and before any meeting regarding an individualized education program (IEP) or hearing relating to the identification, evaluation, or placement of the child, and in no case longer than 45 days after the request. 34 C.F.R. 300.613(a)

A 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. 34 C.F.R. 300.614

Record Types and Locations

Parental Consent

Confidentiality

Information Destruction

Annual Notification of Rights

Inspect and review the student's education records;

Seek amendment of the student's education records that the parent or 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. DOE a complaint under 34 C.F.R. 99.63 and 99.64 concerning alleged failures by the district 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 district 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.

Directory Information

"Directory Information" Defined

Social security number; or

Student identification (ID) number, unless:

The student ID number, user ID number, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems 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

The student ID number or other unique personal identifier that is displayed on a student ID badge 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 it has designated as directory information.

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.

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.

In Class
Former Students
Confirmation of Identity or Records
Homeless Students

Directory Information Designation

Annual Notice

A written explanation of the provisions of FERPA regarding the release of directory information about the student; and

Written notice of the right of the parent to object to the release of directory information about the student under FERPA.

Contents

The following statement in boldface type that is 14-point or larger:

A form, such as a check-off list or similar mechanism, that:

Immediately follows, on the same page or the next page, the required statement; and

Allows a parent to record:

The parent's objection to the release of all directory information or one or more specific categories of directory information if district policy permits the parent to object to one or more specific categories of directory information;

The parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education; and

The parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication; and

A statement that federal law requires districts receiving assistance under the Elementary and Secondary Education Act of 1965 to provide a military recruiter or an institution of higher education, on request, with the name, address, or telephone number of a secondary student unless the parent has advised the district that the parent does not want the student's information disclosed without the parent's prior written consent.

Student Recruiting Information

Consent to Release
No Opt-In Process

Videotapes and Recordings

Exceptions

The purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses;

A purpose related to a cocurricular or extracurricular activity;

A purpose related to regular classroom instruction;

Media coverage of the school; or

A purpose related to the promotion of student safety under Education Code 29.022.

Information from Law Enforcement

Oral Notice of Arrest or Referral

Written Notice of Arrest or Referral

Oral Notice of Conviction or Adjudication

Notice of Transfer or Reenrollment

Contents

Assaultive behavior or other violence;

Weapons used in the commission of the offense or conduct; or

Weapons possessed during the commission of the offense or conduct.

Duty to Flag Records

Request in Person

Require the person requesting the flagged record to complete a form stating the person's name, address, telephone number, and relationship to the child for whom a request is made, and the name, address, and birth date of the child;

Obtain a copy of the requesting party's driver's license or other photographic identification, if possible;

If the request is for a birth certificate, inform the requesting party that a copy of a certificate will be sent by mail; and

Immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and include a physical description of the requesting party, the identity and address of the requesting party, and a copy of the requesting party's driver's license or other photographic identification.

Request in Writing

Removal of Flag

Lumberton ISD

FL(LEGAL)-P

UPDATE 109

DATE ISSUED: 10/30/2017