515 - Addendum A - Protection and Privacy of Student Records Procedures

I. Inspection and Review of Student's Education Records

A. The parent or eligible student has a right to inspect and review the student's education records, except those records which are made confidential by state or federal law.

1. The school district shall respond to any request immediately, if possible, or within ten (10) days of the date of the request, excluding Saturdays, Sundays and legal holidays.

2. If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the education records, the school district shall provide the parent or eligible student with a copy of the records requested, or make other arrangements for the parent or eligible student to inspect and review the requested records.

3. If a student's education records are maintained in more than one location, the responsible authority may collect copies of the records or the records themselves from the various locations so they may be inspected at one site. However, if the parent or eligible student wishes to inspect these records where they are maintained, the school district shall attempt to accommodate those wishes. The parent or eligible student shall be notified of the time and place there the records may be inspected.

4. If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information which pertains to that student.

5. The school district shall charge a reasonable fee for providing photocopies or printed copies of records unless printing a copy is the only method to provide for the inspection of data. The cost of providing copies shall be borne by the parent or eligible student.

B. Fees for Copies of Records

1. The school district shall charge a reasonable fee for providing photocopies or printed copies of records unless printing a copy is the only method to provide for the inspection of data. In determining the amount of the reasonable fee, the school district shall consider the following:

a. the cost of materials, including paper, used to provide the copies;

b. the cost of the labor required to prepare the copies;

c. any schedule of standard copying charges established by the school district in its normal course of operations;

d. any special costs necessary to produce such copies from machine based record keeping systems, including but not limited to computers and microfilm systems; and

e. mailing costs.

2. If 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and, instead, the charge shall be no more than 25 cents for each page copied.

3. The cost of providing copies shall be borne by the parent or eligible student.

4. The responsible authority, however, may not impose a fee for a copy of an education record made for a parent or eligible student if doing so would effectively prevent or, in the case of a student with a disability, impair the parent or eligible student from exercising their right to inspect or review the student's education records.

II. Requesting Amendment of Student's Educational Records

A. The parent or eligible student has a right to request the amendment of the student's education records to ensure that those records are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights.

1. The request shall be in writing, shall identify the item the requestor believes to be inaccurate, misleading or in violation of the privacy or other rights of the student, shall state the reason for this belief, and shall specify the correction the requestor wishes the school district to make. The request shall be signed and dated by the requestor.

2. The school district shall decide whether to amend the education records of the student in accordance with the request within thirty (30) days after receiving the request.

3. If the school district decides to refuse to amend the education records of the student in accordance with the request, it shall inform the parent of the student or the eligible student of the refusal and advise the parent or eligible student of the right to a hearing.

B. The parents or eligible student has a right to a hearing if the school district refuses to amend the education records of a student in order to challenge the content of the student's education records to ensure that information in the education records of the student is not inaccurate, misleading, or otherwise in violation of the privacy or other rights.

1. The hearing shall be held within a reasonable period of time after the school district has received the request, and the parent of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing.

2. The hearing may be conducted by any individual, including an official of the school district who does not have a direct interest in the outcome of the hearing. The School Board attorney shall be in attendance to present the School Board's position and advise the designated hearing officer on legal and evidentiary matters.

3. The parent of the student or eligible student shall be afforded a full and fair opportunity to present evidence relative to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney.

4. The school district shall make a decision in writing within a reasonable period of time after the conclusion of the hearing. The decision shall be based solely on evidence presented at the hearing and shall include a summary of evidence and reasons for the decision.

a. If, as a result of the hearing, the school district 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.

b. If, as a result of the hearing, the school district 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 a statement in the record commenting on the contested information in the record or stating why they disagree with the decision of the school district, or both.

1) Any statement placed in the education records of a student shall be maintained by the school district as part of the education records of the student so long as the record or contested portion thereof is maintained by the school district; and

2) if the education records of the student or the contested portion thereof is disclosed by the school district to any party, the explanation shall also be disclosed to that party.

5. The final decision of the designated hearing officer may be appealed in accordance with the applicable provisions of Minnesota Statutes, chapter 14 relating to contested cases.

III. Disclosure of Student's Educational Records

A. Disclosure of a student’s educational records to officials of other schools, school districts, or post-secondary educational institutions in which the student seeks or intends to enroll, or is already enrolled.

1. The records shall include information about disciplinary action taken as a result of any incident in which the student possessed or used a dangerous weapon, and suspension and expulsion information and, if applicable, data regarding a student’s history of violent behavior.

2. The record also shall include a copy of any probable cause notice or any disposition or court order, unless the data are required to be destroyed under Minnesota Statute.

3. On request, the school district will provide the parent or eligible student with a copy of the education records which have been transferred and provide an opportunity for a hearing to challenge the content of those records.

B. Disclosure of a student’s educational records to organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs or improving instruction.

1. The studies must be conducted in a manner which does not permit the personal identification of parents or students by individuals other than representatives of the organization who have a legitimate interest in the information.

2. The information is destroyed when no longer needed for the purposes for which the study was conducted.

3. The school district enters into a written agreement with the organization that: (a) specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (b) requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (c) requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and (d) requires the organization to destroy or return to the school district all personally identifiable information when information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.

4. For purposes of this provision, the term "organizations" includes, but is not limited to, federal, state and local agencies and independent organizations. In the event the Department of Education determines that a third party outside of the school district to whom information is disclosed violates this provision, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years.

C. Disclosure of a student’s educational records to comply with a judicial order or lawfully issued subpoena.

1. The school district shall make a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena, or any other subpoena issued for law enforcement purposes, and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or the disclosure is in compliance with an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 United States Code section 2332b(g)(5)(B), an act of domestic or international terrorism as defined in 18 United States Code section 2331, or a parent is a party to a court proceeding involving child abuse and neglect or dependency matters, and the order is issued in the context of the proceeding.

2. If the school district initiates legal action against a parent or student it may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school district to proceed with the legal action as plaintiff.

3. If a parent or eligible student initiates a legal action against the school district, the school district may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the school district to defend itself.

D. Disclosure of a student’s educational records in connection with an emergency if knowledge of the information is necessary to protect the health, including the mental health, or safety of the student or other individuals.

1. The decision is to be based upon information available at the time the threat occurs that indicates that there is an articulable and significant threat to the health or safety of a student or other individuals.

2. In making a determination whether to disclose information under this section, the school district may take into account the totality of the circumstances pertaining to a threat and may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other students.

3. A record of this disclosure must be maintained.

4. An educational agency or institution may include in the educational records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community. This information may be disclosed to teachers and school officials within the school district and/or teachers and school officials in other schools who have legitimate educational interests in the behavior of the student.

E. Disclosure of a student’s educational records to the Juvenile Justice System, on a written request that certifies that the information will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student.

1. The following information about a student must be disclosed: a student’s full name, home address, telephone number, date of birth; a student’s school schedule, attendance record, and photographs, if any; and any parents’ names, home addresses, and telephone numbers.

2. The existence of the following information about a student, not the actual data or other information contained in the student’s educational record, may be disclosed provided that a request for access must be submitted on the statutory form and it must contain an explanation of why access to the information is necessary to serve the student: (1) use of a controlled substance, alcohol, or tobacco; (2) assaultive or threatening conduct that could result in dismissal from school under the Pupil Fair Dismissal Act; (3) possession or use of weapons or look-alike weapons; (4) theft; or (5) vandalism or other damage to property.

a. Prior to releasing this information, the principal or chief administrative officer of a school who receives such a request must, to the extent permitted by federal law, notify the student’s parent or guardian by certified mail of the request to disclose information. If the student’s parent or guardian notifies the school official of an objection to the disclosure within ten (10) days of receiving certified notice, the school official must not disclose the information and instead must inform the requesting member of the juvenile justice system of the objection. If no objection from the parent or guardian is received within fourteen (14) days, the school official must respond to the request for information.

3. The written requests of the juvenile justice system member(s), as well as a record of any release, must be maintained in the student’s file.

F. Disclosure of a student’s educational records to the principal or administrator of the school where the student attends and to any counselor directly supervising or reporting on the behavior or progress of the student if it is information from a disposition order received by a Superintendent under Minnesota Statutes, section 260B.171, subdivision 3.

1. The principal must notify the counselor immediately and must place the disposition order in the student’s permanent education record. The principal also must notify immediately any teacher or administrator who directly supervises or reports on the behavior or progress of the student whom the principal believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.

2. The principal may also notify other school district employees, substitutes, and volunteers who are in direct contact with the student if the principal determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.

3. Such notice from the principal must identify the student, outline the offense, and describe any conditions of probation about which the school must provide information if this information is provided in the disposition order.

4. Disposition order information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information may not be further disseminated by the counselor, teacher, administrator, staff member, substitute, or volunteer except as necessary to serve the student, to protect students and staff, or as otherwise required by law, and only to the student or the student’s parent or guardian.

G. Disclosure of a student’s educational records to the principal or administrator of the school where the student attends if it is information from a peace officer’s record of children received by a Superintendent under Minnesota Statutes, section 260B.171, subdivision 5.

1. The principal must place the information in the student’s educational record.

2. The principal also must notify immediately any teacher, counselor, or administrator directly supervising the student whom the principal believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability

3. The principal may also notify other district employees, substitutes, and volunteers who are in direct contact with the student if the principal determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.

4. Such notices from the principal must identify the student and describe the alleged offense if this information is provided in the peace officer’s notice. Peace officer’s record information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information must not be further disseminated by the counselor, teacher administrator, staff member, substitute, or volunteer except to communicate with the student or the student’s parent or guardian as necessary to serve the student, to protect students and staff, or as otherwise required by law.

5. The principal must delete the peace officer’s record from the student’s educational record, destroy the data, and make reasonable efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who received information from the peace officer’s record if the county attorney determines not to proceed with a petition or directs the student into a diversion or mediation program or if a juvenile court makes a decision on a petition and the county attorney or juvenile court notifies the Superintendent of such action.

H. Disclosure of a student’s educational records to the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service.

1. The results will be reported in an aggregate form that does not identify any individual, on the conditions that: (a) any data collected shall be protected in a manner that will not permit the personal identification of students and their parents by other than authorized representatives of the Secretary; and (b) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements.

IV. Responsible Authority; Record Security; and Record Keeping

A. The responsible authority shall be responsible for the maintenance and security of student records.

B. The principal of each school subject to the supervision and control of the responsible authority shall be the records manager of the school, and shall have the duty of maintaining and securing the privacy and/or confidentiality of student records.

C. The principal shall, for each request for and each disclosure of personally identifiable information from the education records of a student, maintain a record with the education records of the student.

1. The record of requests and disclosures shall be maintained with the education records of the student as long as the school district maintains the student's education records.

D. The guidelines for the establishment, maintenance and disposal of student records are as follows:

1. Student cumulative files shall be retained permanently.

2. Records retained permanently along with the student cumulative files:

a. Student accident reports,

b. Student achievement and standardized test results,

c. Student attendance data,

d. Student demographic information,

e. Student homeschool records, if applicable,

f. Student preschool screening records, and

g. Student transcripts.

3. Other records and their minimum lengths of retention:

a. Student emergency care information - retained 3 years after graduation or leaving the district,

b. Student MARRS detailed data - retained 3 years after graduation or leaving the district,

c. Student health and immunization information - retained 5 years after graduation or leaving the district, or until the student is age 23,

d. Student school nurse notes - retained 6 years after graduation or leaving the district,

e. Student directory information - retained 1 year after graduation or leaving the district,

f. Student family information, including dissolution or custody orders - retained until graduation or leaving the district,

g. Student LEP (home language) reports - retained 3 years after graduation or leaving the district,

h. Student extra and co-curricular participation records - retained 1 year after graduation or leaving the district,

i. Student nonresident pupil attendance applications and agreement - retained 3 years after graduation or leaving the district,

j. Student report cards - retained 1 year after graduation or leaving the district, and

k. Student driver education files - retained 1 year after graduation or leaving the district.

4. When a student moves out of the district, the educational records from a student’s cumulative file shall be shared with the new school. The cumulative file should remain in the building where the student was last enrolled until the end of the school year at which time they will be sent to the district office for permanent storage.

5. The principal, or their designated representative, shall be the only person(s) authorized to show school records. Requests to view records or have records forwarded to appropriate agencies shall be in accordance with Minnesota Statutes.