Student Education Records Administration Procedures

CODE: JRA-R

Maine School Administrative District No. 31

STUDENT EDUCATIONAL RECORDS ADMINISTRATIVE PROCEDURES

I. INTRODUCTION

This policy has been adopted by M.S.A.D. #31 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 have 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.

II. DEFINITIONS

The following definitions apply to terms used in this policy:

1. "Act" means the Family Educational Rights and Privacy Act, (20 U.S.C. S1232g).

2. "Directory information" includes the following information relating to a 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 M.S.A.D. #31 schools, honors and awards received and the most recent previous

educational institution attended by the student.

3. "Eligible student" means a student who has attained eighteen years of age or is 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 of a student in the

absence of 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 M.S.A.D. #31, and each school within the system.

7. "Student" includes any individual with respect to whom the M.S.A.D. #31 maintains education records.

III. 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 only be accorded to and required of the eligible

student.

IV. LIMITATIONS ON WAIVERS

A parent of a student, or a student, may waive any of his or her rights regarding access to and 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

a 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.

V. FEES

The school shall provide copies of education records to parents of students or eligible students upon request. Such record shall be

provided within a reasonable time and before any meeting regarding an Individual Education Program or any due process hearing

relating to the identification, evaluation, or placement of the student, and in no case no more than forty-five (45) days after

receiving a written request. The cost to the parent of the student or the eligible student will be fifteen cents ($0.15) 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.

VI. 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 M.S.A.D. #31.

2. Publication of a policy summary in a school newspaper, newsletter, or handbook mailed to each parent or eligible student.

VII. INSPECTION AND REVIEW OF EDUCATION RECORDS

Parents of student 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 (# of 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 student, 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.

VIII. 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 of the student 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. Federal or state officials in connection with audit or evaluation of federal or state supported education programs, or

the enforcement of or compliance with federal legal requirements which relate to those programs.

2. School officials and teachers within M.S.A.D. #31 who have legitimate educational interests, or officials of another

school system in which the student seeks or intends to enroll, provided that students in whom a teacher has a

legitimate educational interest include only those students whom a teacher has in class or in an extracurricular

activity, and further provided that officials of another school include both officials of other public schools in which

a student has enrolled and officials of private schools or colleges to which such student has applied for admission.

3. Officials of another school or school system in which the student seeks or intends to enroll.

4. Institutions to which the student has applied for financial aid.

5. Organizations developing, validating, or administering 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 the eligible student of the order or subpoena prior to compliance therewith.

9. Appropriate parties in a health or safety emergency.

b. M.S.A.D. #31 reserves the right to make public at it's 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 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 regulations and guidelines promulgated by the Federal

Government and the State Department of Educational and Cultural Services.

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 pursuant

to written consent, disclosures to school officials or disclosures of directory information.

IX. REQUEST TO AMEND EDUCATION RECORDS

1. All parents of students, and eligible students, may seek correction of education records of the student through a written request

to amend the record. The school shall, within 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 parents of the opportunity

for a hearing.

2. If the request to amend 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 one (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 the 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 records 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.

X. 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 record to which it pertains maintained.

2. The record of access maintained shall be retained for as long as the education record to which it pertains 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, grade and year completed, and the Individualized Education Program(s) and evaluation reports for the

five (5) years preceding the termination of services shall be maintained without time limitations.

XI. COMPLAINT PROCEDURE

The Secretary of the U.S. 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

Cross Reference: JRA – Student Educational Records

JRA-E – Notification of Rights under FERPA

First Reading: 01/17/2001

Adoption: 04/25/2001

Reviewed: