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Student Records

Definitions
Student records are any items of information gathered within or outside the district that are directly related to an identifiable student and maintained by the district or required to be maintained by an employee in the performance of his/her duties. Any information maintained for the purpose of second-party review is considered a student record. A student record may be recorded in handwriting, print, computer media, video or audio tape, film, microfilm, microfiche, or by other means. Student records include the student's health record. (Education Code 49061, 49062; 5 CCR 430; 34 CFR 99.3)

Mandatory permanent student records are those records which are maintained in perpetuity and which schools have been directed to compile by state law, regulation, or administrative directive. (5 CCR 430)

Mandatory interim student records are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed in accordance with state law, regulation, or administrative directive. (5 CCR 430)

Permitted student records are those records having clear importance only to the current educational process of the student. (5 CCR 430)

Access means a personal inspection and review of a record, an accurate copy of a record or receipt of an accurate copy of a record, an oral description or communication of a record, and a request to release a copy of any record. (Education Code 49061)

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records, to any party, by any means including oral, written, or electronic means. (34 CFR 99.3)

Personally identifiable information includes but is not limited to the student's name, the name of the student's parent/guardian or other family member, the address of the student or student's family, a personal identifier such as the student's social security number or student number, and a list of personal characteristics or other information that would make the student's identity easily traceable. (34 CFR 99.3)

Adult student is a person who is or was enrolled in school and who is at least 18 years of age. (5 CCR 430)

Parent/guardian means a natural parent, an adopted parent, or legal guardian. (Education Code 49061)

School officials and employees are officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances, require that they have access to student records.

A legitimate educational interest is one held by officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances, require that they have access to student records.

County placing agency means the county social service department or county probation department. (Education Code 49061)

Changes to Student Records

Only a parent/guardian having legal custody of the student or an adult student may challenge the content of a record or offer a written response to a record. (Education Code 49061)

(cf. 5125.3 - Challenging Student Records)

The following persons or agencies shall have absolute access to any and all student records in accordance with law:

1. Parents/guardians of students younger than age 18 (Education Code 49069)

Access to student records and information shall not be denied to a parent because he/she is not the child's custodial parent. (Family Code 3025)

2. An adult student age 18 or older or a student under the age of 18 who attends a postsecondary institution, in which case the student alone shall exercise rights related to his/her student records and grant consent for the release of records (34 CFR 99.5)

3. Any person, agency, or organization authorized in compliance with a court order or lawfully issued subpoena (Education Code 49077)

In addition, the following persons or agencies shall have access to those particular records that are relevant to the legitimate educational interest of the requester: (Education Code 49076)

1. Parents/guardians of a dependent student age 18 or older

2. Students age 16 or older or who have completed the 10th grade

3. School officials and district employees

4. Members of a school attendance review board and any volunteer aide age 18 or older who has been investigated, selected, and trained by such a board to provide follow-up services to a referred student

(cf. 5113.1 - Truancy)

5. Officials and employees of other public schools or school systems where the student intends or is directed to enroll, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided

6. Federal, state, and local officials, as needed for program audits or compliance with law

7. Any district attorney who is participating in or conducting a truancy mediation program or participating in the presentation of evidence in a truancy petition

8. A prosecuting agency for consideration against a parent/guardian for failure to comply with compulsory education laws

9. Any probation officer or district attorney for the purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation

***Note: Education Code 49076 authorizes access to student records for judges and probation officers conducting truancy mediation, as specified below, or for presenting evidence in a truancy petition. Upon providing access, the district must notify the student's parent/guardian of the release of the information. See section of this regulation entitled "Procedures for Access." ***

10. Any judge or probation officer for the purpose of conducting a truancy mediation program for a student, or for purposes of presenting evidence in a truancy petition pursuant to Welfare and Institutions Code 681

11. Any county placing agency for the purpose of fulfilling educational case management responsibilities required by the juvenile court or by law pursuant to Welfare and Institutions Code 16010 and to assist with the school transfer or enrollment of a student

(cf. 6173.1 - Education for Foster Youth)

Foster family agencies with jurisdiction over currently enrolled or former students may access those students' records of grades and transcripts, and any individualized education program (IEP) developed and maintained by the district with respect to such students. (Education Code 49069.3)

(cf. 6159 - Individualized Education Program)

When authorized by law to assist law enforcement in investigations of suspected kidnapping, the Superintendent or designee shall provide information about the identity and location of the student as it relates to the transfer of that student's records to any public school district or California private school. The information shall be released only to designated peace officers, federal criminal investigators, and federal law enforcement officers whose names have been submitted in writing by their law enforcement agency in accordance with the procedures specified in Education Code 49076.5. (Education Code 49076.5)

The Superintendent or designee may release information from student records to the following: (Education Code 49076)

1. Appropriate persons in an emergency if the health and safety of a student or other persons are at stake

2. Accrediting associations

3. Under the conditions specified in Education Code 49076, organizations conducting studies on behalf of educational institutions or agencies for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction

4. Officials and employees of private schools or school systems where the student is enrolled or intends to enroll

The Superintendent or designee may release a student's immunization record information to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Health Services. The following information may be released: (Health and Safety Code 120440)

1. Name of the student and the student's parent/guardian

2. Student's gender

3. Student's date and place of birth

4. Types and dates of immunizations received

5. Manufacturer and lot number of the immunization received

6. Adverse reaction to the immunization

7. Other non-medical information necessary to establish the student's unique identity and record

FERPA General Guidance for Parents

FERPA is a Federal law that applies to educational agencies and institutions that receive funding under a program administered by the U. S. Department of Education. Parochial and private schools at the elementary school levels do not generally receive such funding and, therefore, are not subject to FERPA. The statute is found at 20 U.S.C. § 1232g and the Department's regulations are found at 34 CFR Part 99.

Under FERPA, schools must generally afford parents: -access to their children's education records -an opportunity to seek to have the records amended -some control over the disclosure of information from the records.

Parents may access, seek to amend, or consent to disclosures of their children's education records, unless there is a court order or other legal document specifically stating otherwise. When a student turns 18 years of age or attends a postsecondary institution, the student, and not the parent, may access, seek to amend, and consent to disclosures of his or her education records.

Access to Education Records

Schools are required by FERPA to:
  • provide a parent with an opportunity to inspect and review his or her child's education records within 45 days of the receipt of a request
  • provide a parent with copies of education records or otherwise make the records available to the parent if the parent, for instance, lives outside of commuting distance of the school
  • redact the names and other personally identifiable information about other students that may be included in the child's education records.
 
Schools are not required by FERPA to:
  • Create or maintain education records;
  • Provide parents with calendars, notices, or other information which does not generally contain information directly related to the student;
  • Respond to questions about the student.

Amendment of Education Records

Under FERPA, a school must:
  • Consider a request from a parent to amend inaccurate or misleading information in the child's education records;
  • Offer the parent a hearing on the matter if it decides not to amend the records in accordance with the request;
  • Offer the parent a right to place a statement to be kept and disclosed with the record if as a result of the hearing the school still decides not to amend the record.

A school is not required to consider requests for amendment under FERPA that:
  • Seek to change a grade or disciplinary decision;
  • Seek to change the opinions or reflections of a school official or other person reflected in an education record;
  • Seek to change a determination with respect to a child's status under special education programs.

Disclosure of Education Records:

A school must:
  • Have a parent's consent prior to the disclosure of education records;
  • Ensure that the consent is signed and dated and states the purpose of the disclosure.
 
A school MAY disclose education records without consent when:
  • The disclosure is to school officials who have been determined to have legitimate educational interests as set forth in the school district's annual notification of rights to parents;
  • The student is seeking or intending to enroll in another school;
  • The disclosure is to state or local educational authorities auditing or evaluating Federal or State supported education programs or enforcing Federal laws which relate to those programs;
  • The disclosure is pursuant to a lawfully issued court order or subpoena; and
  • The information disclosed has been appropriately designated as directory information by the school.

Annual Notification

A school must annually notify parents of students in attendance that they must allow parents to:
  • Inspect and review their children's education records;
  • Seek amendment of inaccurate or misleading information in their children's education records;
  • Consent to most disclosures of personally identifiable information from education records.

The annual notice must also include:
  • Information for a parent to file a complaint of an alleged violation with the FPCO;
  • A description of who is considered to be a school official and what is considered to be a legitimate educational interest so that information may be shared with that person;
  • Information about who to contact to seek access or amendment of education records.

Means of notification:
  • Can include local or student newspaper; calendar; student programs guide; rules handbook, or other means reasonable likely to inform parents;
  • Notification does not have to be made individually to parents.

Complaints of Alleged Violations:

Complaints of alleged violations may be addressed to:

Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

Complaints must:
  • Be timely submitted, not later than 180 days from the date you learned of the circumstances of the alleged violation
  • Contain specific allegations of fact giving reasonable cause to believe that a violation has occurred, including:
    • Relevant dates, such as the date of a request or a disclosure and the date the parent learned of the alleged violation;
    • Names and titles of those school officials and other third parties involved;
    • A specific description of the education record around which the alleged violation occurred;
    • A description of any contact with school officials regarding the matter, including dates and estimated times of telephone calls and/or copies of any correspondence exchanged between the parent and the school regarding the matter;
    • The name and address of the school, school district, and superintendent of the district;
    • Any additional evidence that would be helpful in the consideration of the complaint.

FERPA General Guidance for Students

General Information

FERPA is a Federal law that applies to educational agencies and institutions that receive funding under a program administered by the U. S. Department of Education. The statute is found at 20 U.S.C. § 1232g and the Department's regulations are found at 34 CFR Part 99.

Under FERPA, schools must generally afford students who are 18 years or over, or attending a postsecondary institution:
  • access to their education records
  • an opportunity to seek to have the records amended
  • some control over the disclosure of information from the records.

Access to Education Records

Schools are required by FERPA to:
  • provide a student with an opportunity to inspect and review his or her education records within 45 days of the receipt of a request
  • provide a student with copies of education records or otherwise make the records available to the student if the student, for instance, lives outside of commuting distance of the school
  • redact the names and other personally identifiable information about other students that may be included in the student's education records.

Schools are not required by FERPA to:
  • Create or maintain education records;
  • Provide students with calendars, notices, or other information which does not generally contain information directly related to the student;
  • Respond to questions about the student.

Amendment of Education Records

Under FERPA, a school must:
  • Consider a request from a student to amend inaccurate or misleading information in the student's education records;
  • Offer the student a hearing on the matter if it decides not to amend the records in accordance with the request;
  • Offer the student a right to place a statement to be kept and disclosed with the record if as a result of the hearing the school still decides not to amend the record.

A school is not required to consider requests for amendment under FERPA that:
  • Seek to change a grade or disciplinary decision;
  • Seek to change the opinions or reflections of a school official or other person reflected in an education record.

Disclosure of Education Records

A school must:
  • Have a student's consent prior to the disclosure of education records;
  • Ensure that the consent is signed and dated and states the purpose of the disclosure.

A school MAY disclose education records without consent when:
  • The disclosure is to school officials who have been determined to have legitimate educational interests as set forth in the institution's annual notification of rights to students;
  • The student is seeking or intending to enroll in another school;
  • The disclosure is to state or local educational authorities auditing or enforcing Federal or State supported education programs or enforcing Federal laws which relate to those programs;
  • The disclosure is to the parents of a student who is a dependent for income tax purposes;
  • The disclosure is in connection with determining eligibility, amounts, and terms for financial aid or enforcing the terms and conditions of financial aid;
  • The disclosure is pursuant to a lawfully issued court order or subpoena; or
  • The information disclosed has been appropriately designated as directory information by the school.

Annual Notification

A school must annually notify students in attendance that they may:
  • Inspect and review their education records;
  • Seek amendment of inaccurate or misleading information in their education records;
  • Consent to most disclosures of personally identifiable information from education records.

The annual notice must also include:
  • Information for a student to file a complaint of an alleged violation with the FPCO;
  • A description of who is considered to be a school official and what is considered to be a legitimate educational interest so that information may be shared with that individual; and
  • Information about who to contact to seek access or amendment of education records.

Means of notification:
  • Can include student newspaper; calendar; student programs guide; rules handbook, or other means reasonable likely to inform students;
  • Notification does not have to be made individually to students.

Complaints of Alleged Violations:

Complaints of alleged violations may be addressed to:

Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5920

Complaints must:
  • Be timely submitted, not later than 180 days from the date you learned of the circumstances of the alleged violation
  • Contain specific allegations of fact giving reasonable cause to believe that a violation has occurred, including:
    • Relevant dates, such as the date of a request or a disclosure and the date the student learned of the alleged violation;
    • Names and titles of those school officials and other third parties involved;
    • A specific description of the education record around which the alleged violation occurred;
    • A description of any contact with school officials regarding the matter, including dates and estimated times of telephone calls and/or copies of any correspondence exchanged between the student and the school regarding the matter;
    • The name and address of the school, school district, and superintendent of the district;
    • Any additional evidence that would be helpful in the consideration of the complaint.

For additional information you may contact Student Support Services, Student Records at (626) 307-3427.
Records Coordinator:
Maricela Lopez
Phn: (626) 307-3427
Fax: (626) 927-5094
Email: mlopez@gesd.us
 
Please email the attached

REQUEST FOR ACCESS TO PUPIL RECORDS Form along with a picture ID. Thank you.