JRAA Student Education Records
STUDENT EDUCATION RECORDS
This policy has been adopted by the Veazie School Department to implement state and federal legislation establishing guidelines governing the manner in which student records are maintained and supervised. The purpose of the legislation is to assure students and parents of students access to their official records so that they may be sure the information contained in their files is accurate, Further, the legislation seeks to guarantee that these files are used only for legitimate educational purposes and are not released without the written permission of the student or parent of the student except as permitted by law.
The following definitions apply to terms used in this policy.
1. "Act" means the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g).
2. "Directory information" includes the following information related to the student: the student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of student athletes, date of attendance at the Veazie school, honors and awards received, and the most recent previous educational institution attended by the student. NOTE: The school must decide what will be included in its directory information.
(See 34 CFR 99.37)
3. "Eligible students" means students who have attained eighteen years of age, have not been judged by a court of competent jurisdiction to be so severely impaired they are unable to make their own decisions or exercise judgment on their own behalf, or are attending an institution of post-secondary education.
4. "Parent" means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent or guardian provided that there shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless there is evidence of a state law or court order governing such matters as divorce, separation or custody or a legally binding instrument which provides to the contrary.
5. "Record" means any information or data recorded in any medium including, but not limited to, handwriting, print, tapes, film, microfilm and microfiche, but excluding records of instructional, supervisory and administrative personnel which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute.
6. "School" means the Veazie School Department.
7. "Student" includes any individual with respect to whom the Veazie School Department maintains education records.
- STUDENT RIGHTS
Whenever a student has attained eighteen years of age or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parent of the student shall thereafter transfer to the eligible student.
- LIMITATIONS ON WAIVERS
A parent of a student or an eligible student may waive any of his or her rights regarding confidentiality of educational records as set forth in this policy and in the Act, but such a waiver shall not be valid unless in writing and signed by the parent or student as appropriate. The school may not require that a parent of a student, or a student, waive his or her rights.
A waiver under this section may be revoked with respect to any actions occurring after the revocation. A revocation under this paragraph must be in writing. If a parent of a student executes a waiver under this section, that waiver may be revoked by the student any time after he or she becomes an eligible student.
The school shall provide copies of education records to parents of students or eligible students upon request. Such records shall be provided within a reasonable time, and before any meeting regarding an Individual Education Program of any due process hearing relating to the identification, evaluation, or placement of the student, and in no case more than forty-five (45) days after receiving a written request. The cost to the parent of the student or eligible student will be $0.10 per page copied, plus postage if mailing is required. However, this fee will not prohibit opportunity for access to the records if the parent or eligible student is unable to pay for such. There will be no charge to search for or to retrieve the education records of a student.
- ANNUAL NOTIFICATION OF RIGHTS
Each year parents of students or eligible students will be provided with a summary of their rights and informed of locations where copies of this policy statement may be obtained through any of the following means:
1. Letter to each parent or eligible student within the Veazie School Department.
2. Publication of a policy summary in a school newspaper, newsletter, or handbook mailed to each parent or eligible student.
- INSPECTION AND REVIEW OF EDUCATION RECORDS
Parents of students and eligible students may review and inspect their educational records by the following procedure:
1. The parent or eligible student must request in writing to review the records through the Principal at each individual school.
2. The Principal shall meet with the parent or eligible student within 179 school days, but before any meeting regarding an Individualized Education Program or any due process hearing relating to the identification evaluation, or due process hearing relating to the placement of the students, to review the education records.
3. The Principal will list the types and locations of all records, the titles and addresses of officials responsible for those records, and the names and addresses of non-school personnel who have received copies or reviewed the education records.
4. The school may deny a request for access to or a copy of the student's record if there is reasonable doubt as to the legality of the parent/child relationship. Access will be withheld until a determination of legal rights to access can be established.
- DISCLOSURE OF EDUCATION RECORDS
1. The school will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent or of the eligible student. The written consent shall include a specification of the records which may be disclosed, the purpose(s) of the disclosure(s), and the party or parties to whom the disclosure(s) may be made. Exceptions to this disclosure requirement are as follows:
a) Personally identifiable information may be disclosed without written consent if the disclosure is to:
1) State and local educational authorities, the Comptroller General, or the Secretary of the U.S. Department of Education (including those acting for the Secretary) in connection with the audit and evaluation of federal and state supported educational programs, and to state and local educational authorities as required by state statute.
2) School officials and teachers within the Veazie School Department who have legitimate educational interests, provided that students in whom a teacher has a legitimate educational interest include only those students whom a teacher has in a class or in an extracurricular activity.
3) Officials of another school, school system, or institution of post-secondary education in which the student seeks or intends to enroll.
4) Institutions to which the student has applied for or has received financial aid if the information is necessary to determine the eligibility amount or conditions of the aid or to enforce the terms or conditions of the aid.
5) Organizations conducting studies for, or on behalf of, educational agencies or institutions including studies to develop, validate, or administer predictive tests.
6) Accrediting organizations for the purpose of carrying out their accrediting functions.
7) Parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954.
8) Those as directed by a judicial order or lawfully issued subpoena, provided that reasonable effort is made to notify the parent of the student or eligible student of the order or subpoena prior to compliance herewith.
9) Appropriate parties in a health or safety emergency provided that knowledge of the information is necessary to protect the health or safety of the student or other individuals.
b) The Veazie School Department reserves the right to make public at its discretion personally identifiable information from the education records of a student if that information has been designated as directory information as that term is defined under paragraph two, unless the parent of the student or the eligible student informs the school in writing by July 1 for the upcoming year or within thirty (30) days after enrollment, whichever is later, that such personally identifiable information is not to be designated as directory information with respect to that student.
2. All disclosures of information under this section will comply with regulation and guidelines provided by the Federal Government and the Maine Department of Education.
3. The school will maintain a record of disclosures of personally identifiable information from the education records of a student and will permit a parent or eligible student to inspect that record, except that such record shall not include disclosures to the parent of a student or an eligible student, disclosures pursuant to written consent, disclosures to school officials or disclosures of directory information.
- REQUEST TO AMEND EDUCATION RECORDS
1. All parents of students and eligible students may seek correction of education records of the student through a request to amend the record. The school shall, within fifteen (15) days of receipt of the request, either amend the information in accordance with the parent's request or inform the parents of its refusal to amend the information and advise the parent of the opportunity for a hearing.
2. If the request is denied, the parent of the student or the eligible student shall be entitled to a hearing, upon request. The hearing shall be held within thirty (30) days from the time the school receives the request, and the parent of the student or the eligible student shall be given notice of the date, place, and time (1) week in advance of the hearing. The superintendent or his designated representative who does not have a direct interest in the outcome of the hearing, shall conduct the hearing. The parent of the student or the eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney. The school shall make its decision in writing within thirty (30) days after the conclusion of the hearing. The decision of the school shall be based solely upon evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
3. If, as a result of the hearing, the school decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly and so inform the parent of the student or the eligible student in writing.
4. If, as a result of the hearing, the school decides that the information is not inaccurate, misleading or otherwise, in violation of the privacy or other rights of the student, it shall inform the parent or eligible student of the right to place in the education records of the student a statement commenting upon the information in the education records and/or setting forth any reasons for disagreeing with the decision of the school.
5. Any explanation placed in the education record of the student under the preceding paragraph shall be maintained by the school as part of the education records of the student as long as the record or contested portion is maintained by the school, and if the education records of the student or the contested portion is disclosed by the school to any party, the explanation shall also be disclosed to that party.
- LIMITATION OF DESTRUCTION OF EDUCATION RECORDS
The school may destroy parts of an education record of a student when they are no longer deemed useful, subject to the following exceptions:
1. The school may not destroy any education record if there is any outstanding request to inspect or review such records.
2. The record of access maintained shall be retained for as long as the education record to which it permits is maintained.
3. The school shall inform parents of exceptional students when education records are no longer needed to provide educational services to the student. The records shall be destroyed at the request of the parents and may be turned over to parents or eligible student upon their request.
4. A permanent record of a special education student's name, address, phone number, grades, attendance record, classes attended, and grade and year completed shall be maintained without time limitations.
- COMPLAINT PROCEDURE
The Secretary of the United States Department of Education maintains an office that will investigate, process and review complaints which may be filed concerning alleged violations of the provisions of the Act. Complaints regarding violations of rights accorded parents and eligible students may be submitted in writing to the following address:
The Family Educational Rights and Privacy Act Office (FERPA)
Department of Education
400 Maryland Avenue, S. W.
Washington, D.C. 20202