The board recognizes the importance of maintaining student records and preserving their confidentiality. Student records containing personally identifiable information shall be kept confidential at collection, storage, disclosure and destruction stages. Student records shall be maintained by the board secretary and housed in the central administration office. Student is defined as an enrolled individual, PK-12 including children in school district sponsored child-care programs.
Parents and eligible students will have access to the student’s records during the regular business hours of the school district. An eligible student is a student who has reached eighteen years of age or is attending an institution of postsecondary education at the post high school level. Parents of an eligible student are provided access to the student records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code. In that case, the parents may be provided access without the written permission of the student. A representative of the parents or eligible student, who has received written permission from the parents or eligible student, may inspect and review a special education student’s records. Parents, other than parents of an eligible student, may be denied access to a student’s records if the school district has a court order stating such or when the district has been advised under the appropriate laws that the parents may not access the students records. Parents may inspect an instrument used for the purpose of collection of student personal information prior to the instrument’s use.
A student record may contain information on more than one student. Parents will have the right to access the information relating to their student or to be informed of the information. Eligible students will also have the right to access the information relating to themselves, or be informed of the information.
Parents and eligible students will have a right to access the student's records upon request without unnecessary delay and in no instance more than forty-five calendar days after the request is made. Parents, an eligible student, or an authorized representative will have the right to access the student's records prior to an Individual Education Program (IEP) meeting or hearing.
Copies of student records will only be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the student records. Fees for copies of the records are waived if it would prevent the parents or student from accessing the records. A fee may not be charged to search or retrieve information from student records.
Upon the request of parents or an eligible student, the school district shall provide an explanation and interpretation of the student record and a list of the types and locations of student records collected, maintained or used by the school district.
If the parents or an eligible student believes the information in the student records is inaccurate, misleading or violates the privacy or other rights of the student, the parents or an eligible student may request that the school district amend the student records. The school district will decide whether to amend the student records within a reasonable time after receipt of the request. If the school district determines an amendment is made to the student record, the school district will make the amendment and inform the parents or the eligible student of the decision in writing.
If the school district determines that amendment of the student's record is not appropriate, it will inform the parents or the eligible student of their right to a hearing before a hearing officer provided by the school district.
If the parents' and the eligible student's request to amend the student record is further denied following the hearing, the parents or the eligible student are informed that they have the right to place an explanatory letter in the student record commenting on the school district's decision or setting forth the reasoning for disagreeing with the school district. Additions to the student's records shall become a part of the student record and be maintained like other student records. If the school district discloses the student records, the explanation by the parents will also be disclosed.
Student records may be disclosed in limited circumstances without parental or eligible student's written permission. This disclosure is made on the condition that the student record will not be disclosed to a third party without the written permission of the parents or the eligible student. This disclosure may be made to the following individuals or under the following circumstances:
The superintendent will keep a list of the individuals and their positions who are authorized to view a special education student's records without the permission of the parents or the eligible student. Individuals not listed are not allowed access without parental or an eligible student's written permission. This list must be current and available for public inspection and updated as changes occur.
The superintendent will also keep a list of individuals, agencies and organizations which have requested or obtained access to a student's records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records. The superintendent, however, does not need to keep a list of the parents, authorized educational employees, officers and agencies of the school district who have accessed the student records. This list for a student record may be accessed by the parents, the eligible student and the custodian of student records.
Permanent student records, including a student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation. Permanent student records must be kept in a fire-safe vault.
When personally identifiable information, other than permanent student records, no longer needs to be maintained by the school district to provide educational services to the special education student, the parents or eligible student are notified. This notice is normally given after a student graduates or otherwise leaves the school district. If the parents or eligible student request that the personally identifiable information be destroyed, the school district will destroy the records. Prior to the destruction of the records, the school district must inform the parents or eligible student the records may be needed by the parents or eligible student for social security benefits or other purposes.
The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved in the juvenile justice system. The school district will enter into an interagency agreement with the juvenile justice agencies involved.
The purpose of the agreement is to allow for the sharing of information prior to a student's adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension and expulsions and to support students in successfully completing their education.
The school district may share any information with the agencies contained in a student's permanent record, which is directly related to the juvenile justice system's ability to effectively serve the student. Prior to adjudication, information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order. Information contained in a student's permanent record may be disclosed by the school district to the agencies after adjudication only with parental consent or a court order. Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student's family or coordinating the delivery of programs and services to the student or student's family.
Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian.
Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law.
Information shared under the agreement is not admissible in any court proceedings, which take place prior to the disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian. The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.
Agencies will contact the principal of the attendance center where the student is currently or was enrolled. The principal will then forward copies of the records within 10 business days of the request.
The school district will provide training or instruction to employees about parents' and eligible students' rights under this policy. Employees will also be informed about the procedures for carrying out this policy.
It is the responsibility of the superintendent to annually notify parents and eligible students of their right to inspect and review the student's records. The notice shall be given in a parents' or eligible student's native language. Should the school district collect personal information from students for the purposes of marketing or selling that information, the school district will annually notify parents of such activity.
The notice will include a statement that the parents have a right to file a complaint alleging the school district failed to comply with this policy. Complaints are forwarded to Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, Washington, DC. 20202-4605.
Legal Reference: No Child Left Behind, Title IX, Sec. 9528, P.L. 107-110 (2002).
USA Patriot Act, Sec. 507, 107-56. (2001).
20 U.S.C. § 1232g, 1415 (1994).
34 C.F.R. Pt. 99, 300.560 - .574 (1996).
Iowa Code §§ 22; 279.9B, 280.24,.25, 622.10 (2001).
281 I.A.C. 12.3(6), 41.20
1980 Op. Att'y Gen. 720, 825.
Cross Reference: 501 Student Attendance
505 Student Scholastic Achievement
506 Student Records
507 Student Health and Well Being
603.3 Special Education
708 Care, Maintenance and Disposal of School District Records
901 Public Examination of School District Records
Approved: 8/23/94
Reviewed: 12/9/96; 2/22/00; 2/09/11; 3/08/16; 3/9/21; 8/13/24
Revised: 01/13/03; 2/10/09; 7/11/12
Code No. 506.1E1
REQUEST OF NON-PARENT FOR EXAMINATION AND/OR COPIES OF STUDENT RECORDS
The undersigned hereby requests permission to examine the Community School District's official student records of:
,
(Full Legal Name of Student) (Date of Birth)
----------------------------------------------------------------------
The undersigned requests copies of the following official student records of the above student:
----------------------------------------------------------------------
The undersigned certifies that they are (check one):
(a) An official of another school system in which the
student intends to enroll. ( )
(b) An authorized representative of the Comptroller
General of the United States. ( )
(c) An authorized representative of the Secretary of
the U.S. Department of Education ( )
(d) An administrative head of an education agency as
defined in Section 408 of the Education Amendments
of 1974. ( )
(e) An official of the Iowa Department of Education. ( )
(f) A person connected with the student's application
for, or receipt of, financial aid (SPECIFY DETAILS
ABOVE.) ( )
The undersigned agrees that no other person will have access to any records or information obtained through this request without the written permission of the parents of the student, or the student if the student is of majority age.
(Signature)
(Title)
APPROVED: Date:
Address:
Signature: City:
Title: State: ZIP
Dated: Phone Number:
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 506.1E2
AUTHORIZATION FOR RELEASE OF STUDENT RECORDS
The undersigned hereby authorizes Morning Sun Community School District to release copies of the following official student records concerning:
(Full Legal Name of Student) (Date of Birth)
from 19 to 20
(Name of Last School Attended) (Year(s) of Attend.)
The reason for this request is:
My relationship to the child is:
Copies of the records to be released are to be furnished to:
( ) the undersigned
( ) the student
( ) other (please specify)
(Signature)
Date:
Address:
City:
State: ZIP
Phone Number:
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 506.1E3
REQUEST FOR HEARING ON CORRECTION OF STUDENT RECORDS
To: Address:
Board Secretary (Custodian)
I believe certain official student records of my child, (Full Legal Name of Student), Morning Sun Elementary School, are inaccurate, misleading or in violation of privacy or other rights of my child.
The official education records which I believe are inaccurate, misleading or in violation of the privacy or other rights of my child are:
The reason I believe such records are inaccurate, misleading or in violation of the privacy or other rights of my child is:
My relationship to the child is:
I understand that I will be notified in writing of the time and place of the hearing; that I will be notified in writing of the decision; and I have the right to appeal the decision by so notifying the hearing officer in writing within ten days after my receipt of the decision.
(Signature)
Date:
Address:
City:
State: ZIP
Phone Number:
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 506.1E4
REQUEST FOR EXAMINATION OF STUDENT RECORDS
To: Address:
Board Secretary (Custodian)
The undersigned desires to examine the following official education records.
of ,
(Full Legal Name of Student) (Date of Birth) (Grade)
(Name of School)
My relationship to the student is:
(check one)
I do
I do not
desire a copy of such records. I understand that a reasonable charge will be made for the copies.
(Signature)
(Title)
APPROVED: Date:
Address:
Signature: City:
Title: State: ZIP
Dated: Phone Number:
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 506.1E5
NOTIFICATION OF TRANSFER OF STUDENT RECORDS
To: Date:
Parent/or Guardian
Street Address:
City/State: ZIP:
Please be notified that copies of the Morning Sun Community School District's official student records concerning , (Full Legal Name of Student) have been transferred to:
School District Name Address
upon the written statement that the student intends to enroll in said school system.
If you desire a copy of such records furnished, please check here and return this form to the undersigned. A reasonable charge will be made for the copies.
If you believe such records transferred are inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, you have the right to a hearing to challenge the contents of such records.
(Name)
(Title)
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Date
Dear ( Parent ) :
This letter is to notify you that the Community School District has received a ( subpoena or court order ) requesting copies of your child's education records.
The specific records requested are .
The school district has until ( date on subpoena or court order ) to deliver the documents to ( requesting party on subpoena or court order ) . If you have any questions, please do not hesitate to contact me at ( phone # ) .
Sincerely,
(Principal or Superintendent)
Statement of Purpose: The purpose of this Agreement is to allow for the sharing of information among the School District and the Agencies prior to a student's adjudication in order to promote and collaborate to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.
Identification of Agencies: This agreement is between [ insert school district name ] (hereinafter "School District") and [ insert agency ] (hereinafter "Agencies") .
Statutory Authority: This agreement implements Iowa Code § 280.25 and is consistent with 34 C.F.R. 99.38 (2012).
Parameters of Information Exchange:
Records' Transmission: The individual requesting the information should contact the principal of the building in which the student is currently enrolled or was enrolled. The principal will forward the records within a reasonable time following receipt of the request.
Confidentiality: Confidential information shared between the Agencies and the school district will remain confidential and will not be shared with any other person, unless otherwise provided by law. Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student's parent. Agencies or individuals violating the terms of this agreement subject their entity represented and themselves personally to legal action pursuant to federal and state law.
Amendments: This agreement constitutes the entire agreement among the agencies with respect to information sharing. Agencies may be added to this agreement at the discretion of the school district.
Term: This agreement is effective from [ insert date ].
Termination: The School District may discontinue information sharing with an Agency if the School District determines that the Agency has violated the intent or letter of this Agreement.
APPROVED:
Signature: Address:
Title: City:
Agency: State / Zip:
Dated: Phone Number:
Signature: Address:
Title: City:
Agency: State / Zip:
Dated: Phone Number:
Signature: Address:
Title: City:
Agency: State / Zip:
Dated: Phone Number:
Signature: Address:
Title: City:
Agency: State / Zip:
Dated: Phone Number:
Code 506.1E8
Annual Notice
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. They are:
1.) The right to inspect and review the student's education records within 45 days of the day the district receives a request for access. Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2.) The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading or in violation of the student's privacy rights. Parents or eligible students may ask the school district to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3.) The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosures without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, AEA employees, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee or student assistance team, or assisting another school official in performing his or her tasks. Upon request the district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. FERPA requires a school district to make a reasonable attempt to notify the parent or eligible student of the records request unless it states in its annual notification that it intends to forward records on request.
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2
Code 506.1E8
Annual Notice
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
4.) The right to inform the school district that the parent does not want directory information, as defined below, to be released. Directory information can be released without prior parental consent. Any student over the age of eighteen or parent not wanting this information released to the public must make objection in writing by the first day of school to the principal. The objection needs to be renewed annually.
Name Address Telephone Listing
E-Mail Address Grade Level Enrollment Status
Date & Place of Birth Major Field of Study
Participation in Officially Recognized Activities and Sport
Weight and Height of Members or Athletic Teams
Dates of Attendance Degrees and Awards Received
The Most Recent Previous School or Institution Attended By The Student
Photograph and Likeness and Other Similar Information
Even though names, student addresses and telephone numbers are not considered directory information, military recruiters and post secondary educational institutions may legally access this information without prior parental consent. Parents not wanting military recruiters or post secondary institutions to access the information must ask the school district to withhold the information. Also, school districts that provide post secondary institutions and potential employers access to students must provide the same right of access to military recruiters.
5.) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave. SW
Washington, DC 20202-4605
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 2 of 2
Code No. 506.1R1
USE OF STUDENT RECORDS REGULATION
Student records are all official records, files, and data directly related to students, including all material incorporated into each student's cumulative record folder and intended for school use or to be available to parties outside the school or school system specifically including, but not necessarily limited to: date; academic work completed; level of achievement (grades, standardized test scores); attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; and verified reports of serious or recurrent behavior patterns.
The intent of this regulation is to establish procedures for granting requests from parents for access to their child's records, use of the data, and procedures for its transmittal within forty-five days.
A. Access to Records
1. The parent or legal guardian of a student will have access to these records upon written request to the board secretary.
The parent or legal guardian will, upon written request to the board secretary, have the opportunity to receive an interpretation of the records, have the right to question the data, and, if a difference of opinion is noted, shall be permitted to file a letter in the cumulative folder stating the dissenting person's position. If further challenge is made to the record, the normal appeal procedures established by school policy will be followed.
A student, eighteen years or older, has the right to determine who, outside the school system, has access to the records.
2. School personnel having access to student records are defined as "any person or persons under contract to the school and directly involved in working toward either the affective or cognitive goals of the school."
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2
Code No. 506.1R1
USE OF STUDENT RECORDS REGULATION
B. Release of Information Outside the School
1. To release student records to other school(s) in which the student intends to enroll, the parents, legal guardian, or student of majority age must be notified of the transfer and the kinds of information being released.
They will receive a copy of such information if it is requested in writing and shall have the opportunity to challenge the records as described above.
2. Student records may be released to official education and other government agencies only if the names and all identifying markings are removed to prevent the identification of individuals.
3. To release student records to other persons or agencies, written consent shall be given by the parent, legal guardian, or a student of majority age. This consent form will state which records shall be released, to whom they shall be released, and the reason for the release. A copy of the specific records being released will be made available to the person signing the release form if requested.
4. Student records will be furnished in compliance with judicial orders or pursuant to any lawfully issued subpoena if the parents, legal guardian, or student of majority age are notified in advance.
5. Authorization may be disbursed by the administration following (1) proper notification of students and guardians and (2) an opportunity for the student or guardian to request the information not be disbursed. Any request restricting distribution will be honored.
Legal Reference: 20 U.S.C. § 1232g (1988).
34 C.F.R. Pt. 99 (1990).
Iowa Code §§ 22; 622.10 (1993).
281 I.A.C. 12.3(6).
1980 Op. Att'y Gen. 720, 825.
Cross Reference: 502 Student Rights and Responsibilities
506 Student Records
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 2 of 2