IHBAB - Student Educational Records Policy - F.E.R.P.A
Student Educational Records Policy - F.E.R.P.A.
I. INTRODUCTION
This policy has been adopted by the Acton School Department to implement certain
federal and state legislation establishing guidelines governing the manner in which student records are maintained and supervised. The purpose of the legislation is to ensure students and parents of students access to their official records, to guarantee that these records are used only for legitimate educational purposes, and to ensure that the records are not released without the written permission of the student or parent of the student except as permitted by law. This policy does not contain all the information contained in the federal or state legislation, but does adopt and incorporate such laws. A copy of the appropriate federal or state regulations shall be maintained wherever this policy is maintained.
II. DEFINITIONS
The following definitions apply to terms used in this policy.
l. “Act” means the Family Educational Rights and Privacy Act (20 U.S.C. § l232g).
2. “Directory information” means information contained in an educational record of a
student which would not generally be considered harmful or an invasion of privacy
if disclosed. It includes, but is not limited to, the following information related to a
student: the student’s name, address, telephone number, date and place of birth,
participation in officially recognized activities and sports,
weight and height of student athletes, date of attendance at Acton School
Department, 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, has not
been judged by a court of competent jurisdiction to be so severely impaired that the
student is unable to make decisions or exercise judgment on his or her own behalf,
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 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 that specifically
revokes such rights.
5. “Record” means any information or data recorded in any medium including, but not
limited to, handwriting, print, tape, film, but excluding
records of instructional, supervisory and administrative personnel and educational
personnel ancillary to those persons which are in the sole possession of the maker
thereof and which are not accessible or revealed to any other person except a
temporary substitute for the maker of the record.
6. “School” means Acton School Department, and each school within the system.
7. “Student” includes any individual with respect to whom the Acton School Department maintains educational records.
III. ANNUAL NOTIFICATION OF RIGHTS
Each year parents of students attending school or eligible students attending school 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 Acton School Department.
2. Publication of a policy summary in a school newspaper, newsletter, or handbook
distributed to each parent or eligible student.
IV. 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 school administration
2. The school will comply with the request within a reasonable period of time, but in
no case more than 45 days after it received the request, and will comply before any
meeting regarding an Individualized Education Program or any due process hearing
relating to the identification, evaluation, or placement of the student.
3. The school administration or designee 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 right to access can be established.
V. 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 identity of 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 or for enforcement of or compliance with federal legal
requirements, and to state and local educational authorities as
required by state statute and permitted by federal law.
2. School administrators, School Committee members, officials, teachers,
and other school personnel, contracted providers of educational
services for this child and lawyers within the Acton School
Department who have legitimate educational interests. A
legitimate educational interest furthers the educational mission
of the school.
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, but not limited to, studies 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.
10. Other circumstances specifically permitted by law.
b) Directory information may be disclosed without parental content about
former students.
c) The Acton School Department reserves the right to make public at its
discretion personally identifiable information from the educational records of
a student if that information has been designated as directory information as
that term is defined under subparagraph two section II of this policy, 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 regulations 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.
VI. 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 on the grounds
that it is inaccurate, misleading, or in violation of the privacy or other rights of the student. 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 parents 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 a
reasonable period of time 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 of the hearing. The Superintendent/Principal, or their designated representative, 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 a reasonable period of time. the decision of the school 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 contested 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.
VII. STUDENT RIGHTS
When a student becomes an eligible student, the rights accorded to and the consent of the
parent of the student shall thereafter transfer to the eligible student.
VIII. 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 be 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
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.
IX. FEES
The school shall provide copies of education records to parents of students or eligible
students upon request. The cost of producing copies of the record, if desired, to the parent
of the student or the eligible student may be ten cents ($0.25) per page copied plus
postage. This fee, however, will not prohibit a parent’s or eligible student’s opportunity for
access to the records if they are unable to pay for such copies. There will be no charge to
search for or to retrieve the education records of a student.
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:
l. 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 which it pertains is maintained.
3. The school shall inform parents of students with disabilities 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 students 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.
XI. 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
Adopted: June 10, 1997
Revised: January 11, 2024