8330 - STUDENT RECORDS

School District Of Westfield

Administrative Guidelines

8330 - STUDENT RECORDS

Student records shall be maintained in accordance with Board of Education Policy 8330 and State/Federal laws and regulations.

The student record is the legal record for each student who is or has attended schools within the District. All information contained in the student record must be factual, verifiable, and of a constructive nature. The Board shall collect, maintain, and use only information necessary for legally mandated functions.

Education Records, as defined in 34 C.F.R. 99.3 (Family Educational Rights and Privacy Act), means those records, files, documents and other materials that are: (1) directly related to a student; and (2) maintained by Board or by a party acting for the Board. "Record" means any information recorded in any way, including, but not limited to: handwriting; print; computer media; tape; film; microfilm and microfiche.

Student "personally identifiable information" includes, but is not limited to: the student's name; the name of the student's parent(s) or other family members; the address of the student or student's family; a personal identifier, such as the student's social security number, student number, or biometric record; other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

Definitions

	A.	"Record" means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.

	B.	"Student records" include all records relating to an individual student, regardless of format, other than: 1) notes or records maintained for personal use by teachers or other personnel required to hold certification by the Department, provided those notes or records are not available to others; 2) records necessary for and available only to persons involved in the psychological treatment of a student; and 3) law enforcement unit records. The District is required, however, to maintain the confidentiality of law enforcement unit records in the same manner as a law enforcement agency is required to treat the records of juveniles under Section 938.396(1) to (1x) and (5).

	C.	"Progress records" are student records that include a statement of courses taken by the student, the student's grades, the student's immunization records, the student's attendance record, any lead screening records required under 254.162, Wis. Stats. and records of the student's extra-curricular activities.

	D.	"Behavioral records" include student record other than progress records and directory data. Examples include: standardized achievement tests, psychological tests, personality evaluations, records of conversations, written statements relating specifically to an individual student's behavior, tests relating specifically to achievement or measurement of ability, student physical health records other than his/her immunization records, and law enforcement records.

E.	"Student physical health records" include basic health information about a student, including the student's immunization records, an emergency medical card, a log of first aid and medicine administered to the student, an athletic permit card, a record concerning the student's ability to participate in an education program, the results of any routine screening test such as for hearing, vision, or scoliosis, and any follow-up to such test, and any other basic health information as determined by the State Superintendent of Public Instruction.

F.	"Law enforcement unit" means any individual, office, department, division, or other component of a school district that is authorized or designated by the school board to do any of the following:

	1.	Enforce any law or ordinance, or refer to the appropriate authorities a matter for enforcement of any law or ordinance, against any person other than the school district.

	2.	Maintain the physical security and safety of a public school.

G.	"Law enforcement unit records" means records maintained by a law enforcement unit that were created by that law enforcement unit for the purpose of law enforcement.

H.	"Court records" include those records received from a court clerk concerning a juvenile enrolled in the District who: 1) has had a petition filed with the court alleging that s/he has committed a delinquent act that would be a felony if committed by an adult; 2) has been adjudged delinquent; 3) has school attendance as a condition of his/her court dispositional order; or 4) has been found to have committed a delinquent act, at the request of or for the benefit of a criminal gang, that would be a felony if committed by an adult and has been adjudged delinquent on that basis.


	I.	"Student patient records" include all those records relating to a student's physical health except those included in the "student physical health records" definition above.

	J.	"Directory Information" includes those student records which identify a student's name, address, telephone number, date of and place of birth, major field of study; participation in officially recognized activities and sports, height and weight if a member of an athletic team, dates of attendance, date of graduation; photographs, name of school most recently previously attended and degrees or awards received. Directory information also includes a student ID number, user ID, or other unique personal identifier used by the student when accessing or communicating in a District's electronic systems, if, standing alone, it cannot be used to access student education records (i.e. a pin number, password, or other factor is also needed).

	K.	"Law enforcement officers' records" includes those records and other information obtained from a law enforcement agency relating to: 1) the use, possession, or distribution of alcohol or a controlled substance by a student enrolled in the District; 2) the illegal possession of a dangerous weapon by a child; 3) an act for which a District student was taken into custody based on the law enforcement officer’s belief that the student violated or was violating certain specified laws; and 4) the act for which a juvenile enrolled in the District was adjudged delinquent. The law enforcement agency may provide such record information to the District on its own initiative or on the request of the District Administrator or designee, subject to the agency’s official policy. Once the record information is received, the student named in the records and the parent/guardian of any minor student named in the records shall be notified on the information.

The term, Education Records, does not include:

A.	records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto that are:

	1.	kept in the sole possession of the maker thereof; and

	2.	used only as a personal memory aid; and


	3.	not accessible or revealed to any other person except a temporary substitute for the maker of the record;

		For the purpose of this definition, a "substitute" means an individual who performs on a temporary basis the duties of the individual who made the record, and does not refer to an individual who permanently succeeds the maker of the record in his/her position.

B.	records maintained by a law enforcement unit (e.g., School Resource Officer) of the School District that were created by that law enforcement unit for the purpose of law enforcement;

C.	records relating to an individual who is employed by the Board, that:

	1.	are made and maintained in the normal course of business;

	2.	relate exclusively to the individual in that individual's capacity as an employee; and

	3.	are not available for use for any other purpose;

	Records, however, relating to an individual at the District who is employed as a result of his/her status as a student are education records.

D.	records on a student who is eighteen (18) years of age or older, or is attending an institution of postsecondary education, that are:

	1.	made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his/her professional capacity, or assisting in a paraprofessional capacity; and

	2.	made, maintained, or used only in connection with treatment of the student; and


	3.	disclosed only to individuals providing the treatment (except, that the records can be personally reviewed by a physician or other appropriate professional of the student’s choice). For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the educational agency or institution;

E.	records created or received by the Board after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student (e.g. information pertaining to the accomplishments of alumni);

F.	grades on peer-graded papers before they are collected and recorded by a teacher.

The District maintains or may establish video surveillance for security reasons at various areas around its facilities and on its buses. Video recordings that show students may constitute a student record, under certain circumstances. This is generally where the record is maintained to document student conduct or misconduct, unless it is maintained for law enforcement purposes as described above. Generally video taken of athletic events or other student performances that are open to the public will not be considered student records. The Superintendent or designee will determine whether the video constitutes a student record prior to the release of any video surveillance containing students, other than to authorized individuals.

The student's school record shall contain the following information that shall be retained permanently or for one hundred years:

	A.	name, address and telephone listing of parent (see Form 8330 F1)

	B.	enrollment data to include validated birth record, proof of residency, immunization records, and social security number or computer number

	C.	attendance records

	D.	grades and/or transcripts


	E.	standardized and/or mandated achievement test data, including proficiency/achievement test records that include the date each student meets the proficient level for the test administered; and

	F.	date of graduation and/or transfer or withdrawal

The student's education records shall contain, if applicable to the individual, the following information, to be retained for a period not less than two (2) years beyond the date of high school graduation:

	A.	health and medical information; emergency medical authorization forms may be destroyed upon the annual receipt of the forms as required by law

	B.	court order on parental rights and responsibilities and/or custodial or guardianship arrangements, including any court orders regulating access of a parent to school records

	C.	awards and recognitions

	D.	information and/or data relevant to the identification, evaluation and/or placement of students in accordance with the Individuals with Disabilities Education Act, Section 504 of the 1973 Rehabilitation Act or other applicable State laws and regulations

	E.	reports and such other confidential information generated by professionals or agencies outside the District relevant to the student's educational program

	F.	such other verifiable, factual and relevant information to be used in making decisions regarding the student's educational program, including disciplinary records

	G.	disciplinary records including any suspension and expulsion action must be included in records transferred to a receiving school

RESPONSIBILITY

The Custodian of Records (COR) shall be the principal who may delegate certain responsibilities to the school secretary. The COR is responsible for maintaining the confidentiality of directory information, if the parents or eligible student have so requested, and other personally identifiable information in the education records. The COR is responsible for the implementation of this Board’s policies and procedures regarding confidentiality, including informing all personnel in this District who collect, maintain, use, or otherwise have access to student records of this Board’s policies and procedures on confidentiality.

The District's Records Officer (DRO) shall prepare an annual notice to parents/eligible students that informs them of their rights to (see Form 8330 F9):

	A.	inspect and review the student's education records;

	B.	request an amendment to the records if the parent or eligible student believes the information to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;

	C.	limit the disclosure of personally-identifiable information defined as directory information within Policy 8330 or to such other disclosures not required by law;

	D.	request a hearing if the Board refuses to amend records believed by the parent or eligible student to be misleading or inaccurate and to file a complaint with the United States Department of Education if the parent/eligible student is dissatisfied with the results of the hearing;

	E.	obtain a copy of the Board’s policy on student records.

The notice may be in the form of a section of the local newspaper, District's newsletter, and/or the student handbooks (see Form 8330 F9).

Ongoing Maintenance of Records

A.	Public Listing of Authorized Employees (see Form 8330 F2)

	1.	Each COR shall maintain a current listing of those employees and other persons, approved by the DRO, authorized to access personally-identifiable information housed at the location specified.

	2.	Each COR shall post and maintain the listing for public inspection at his/her respective location.

B.	Types and Location of Records

	1.	The DRO shall prepare a listing of the types and locations of records collected, maintained, or used by the District, and the name of the COR at each location.

		The list shall be provided to parents/eligible students upon request.

	2.	Education records shall be stored in secured facilities and/or equipment, and shall be available only to those specified in policy or these guidelines. Reasonable and appropriate methods (including but not limited to physical and/or technological access controls) shall be utilized to control access to student records and to make certain that school officials obtain access to only those education records in which they have legitimate educational interest. The COR is directed to utilize reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom the District discloses personally identifiable information from education records.


C.	Consent to Disclose Information (see Form 8330 F4 and Form 8330 F8)

	1.	Whenever there is a request for a copy of information from a student's record, the COR shall obtain written and dated consent, prior to disclosure of records, from parents/eligible students, which includes:

		a.	the records that may be disclosed;

		b.	the purpose for which the disclosure may be made;

		c.	the party or class of parties to whom the disclosure may be made;

		d.	whether or not the parents/eligible students wish to have a copy of the records disclosed and/or, if the student is not an eligible student, whether the Board should provide that student with a copy of the disclosed record.

		Signed permission should be obtained from eligible students prior to allowing their parents access to the records, provided the student is not considered a dependent under Section 152 of the Internal Revenue Code.


2.	Prior consent will not be needed if:

	a.	the disclosure is to school officials, including teachers, who have a legitimate educational interest (as defined by Board policy) in the information;

		In order for a contractor, consultant, volunteer or other party to whom the Board has outsourced institutional services or functions to be considered a school official, the outside party must:

		1)	perform an institutional service or function for which the Board would otherwise use employees;

		2)	be under the direct control of the Board with respect to the use and maintenance of education records; and

		3)	be subject to applicable provisions governing the use and re-disclosure of personally identifiable information from education records.

	b.	the disclosure is to another school, school district, or postsecondary institution, as stated in Board policy;

	c.	the disclosure is, subject to the conditions set forth in applicable Federal and/or State statutes and/or regulations, to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the United States Secretary of Education, or State and local educational authorities;

	d.	the disclosure is in connections with a student's application for or receipt of financial aid; (See section below entitled: "Disclosure for Student Financial Aid");


			e.	the disclosure is 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;

				Disclosures pursuant to this paragraph are limited to circumstances when the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information; the information is destroyed when no longer needed for the purposes for which the study was conducted; and the Board enters into a written agreement with the organization that contains all the content required by applicable Federal regulations.

				This written agreement will include: (1) specification of the purpose, scope, duration of the study, and the information to be disclosed; (2) a statement requiring the organization to use the personally identifiable information only to meet the purpose of the study; (3) a statement requiring the organization to prohibit personal identification of parents and students by anyone other than a representative of the organization with legitimate interests; and (4) a requirement that the organization destroy all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed.


		f.	the disclosure is to authorized representatives of the Comptroller General, the Attorney General, the Secretary of Education, or state and local authorities, and is made for the purpose of conducting an audit or evaluation of a Federal or state supported education program, or to enforce or comply with Federal requirements relating to those programs;

			A written agreement between the parties is also required under this exception. Mandatory elements of this written agreement include: (1) designation of the receiving entity as an authorized representative; (2) specification of the information to be disclosed; (3) specification that the purpose of the disclosure is to carry out an audit or evaluation of a government supported educational program or to enforce or comply with the program's legal requirements; (4) a summary of the activity that includes a description of methodology and an explanation of why personally identifiable information is necessary to accomplish the activity; (5) a statement requiring the organization to destroy all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed; and (6) a statement of policies and procedures that will protect personally identifiable information from further disclosure or unauthorized use.


			Pursuant to the audit exception, the District will use "reasonable methods" to verify that the authorized representative complies with FERPA regulations. Specifically, the District will verify, to the greatest extent practical, that the personally identifiable information is used only for the audit, evaluation or enforcement of a government-supported educational program. The District will also ascertain the legitimacy of the audit or evaluation and will only disclose the specific records that the authorized representative needs. Further, the District will require the authorized representative to use the records only for the specified purpose and not to disclose the information any further, such as for another audit or evaluation. Finally, the District will verify that the information is destroyed when no longer needed for the audit, evaluation or compliance activity.

		g.	the disclosure is to accrediting organizations to carry out their accrediting functions;

		h.	the disclosure is to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986;


		i.	the disclosure is to comply with a judicial order or lawfully issued subpoena;

			Disclosures permitted by this paragraph may only occur after the Board makes a reasonable effort to notify the parent or eligible student of the order or subpoena, so the parent or eligible student may seek protective action, unless the disclosure is authorized by applicable Federal regulations. The Board need not notify the parent when the parent is a party to a court proceeding involving child abuse and neglect (as defined in Section 3 of the Child Abuse Prevention and Treatment Act) or dependency matters, and the order is issued in the context of that proceeding. Additionally, if the Board initiates legal action against a parent or student, the Board may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the Board to proceed with the legal action as plaintiff. Likewise, if a parent or student initiates legal action against the Board, the Board may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the Board to defend itself.

		j.	the disclosure is in connection with an emergency; (See section below entitled: "Emergency Release");

		k.	the disclosure is information the Board has designated as "directory information";

		l.	the disclosure is to the parent of a student who is not an eligible student, or to the student;

		m.	the disclosure concerns sex offenders and other individuals required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, and the information was provided to the Board pursuant to that law and its implementing regulations;


	n.	the disclosure concerns the juvenile justice system and its ability to serve, prior to adjudication, the student whose records are released, providing the officials to whom the records are released certify, in writing, to the District that the information will not be released to a third party, except as provided by State law, without the prior written consent of the parents;

	o.	the disclosure is to an agency caseworker or other representative of a state or local child welfare agency, or tribal organization as defined in Federal law, who has the right to access a student’s case plan as determined by the agency or organization, when such agency or organization is legally responsible for the care and protection of the student provided the education records and personally identifiable information will not be unlawfully released to third parties;

		The agency or organization may release the education records and personally identifiable information to an individual or entity engaged in addressing the student’s education needs and authorized by the agency or organization to receive such disclosure and such disclosure is consistent with state or tribal laws applicable to protecting the confidentiality of a student’s education records.

	p.	the disclosure is authorized by other sections of Family Education Rights and Privacy Act (FERPA).

3.	De-identified Records and Information – The District may release education records without prior consent if all personally identifiable information has been removed provided the administration (i.e., the DRO and COR) have made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information.

No person shall release to a parent of a student who is not the custodial parent or any other person any information about the school to which the student has transferred or that would enable the parent who is not the custodial parent to locate the student if the school to which the student has transferred informs this District that the student is under the care of a shelter for victims of domestic violence.

Parents: Disclosure, Inspection, Review of Records

The COR shall permit parents/eligible students, upon request, to retrieve information from and to inspect and review, records that are maintained by the District that relate to the student's education. The following conditions shall apply:

	A.	At times, agencies or individuals outside the District provide the District with information necessary and relevant to the student's education. Psychological or medical information should be provided to a parent in the presence of an appropriately-licensed professional who can properly explain the information. Such information may be provided to the District only with the written consent of the parent. Upon parental request the Board will notify the parent with the date and source of any record generated outside the District so that parents may access these records through the originator.

	B.	If any education record includes information on more than one (1) student, the parents/eligible student shall have the right to review and inspect only the part of the record that relates to the student, or to be informed of that specific information.

	C.	The request for access to records must be honored within a reasonable period, but in no case later than forty-five (45) days from receipt of the request. Requests to inspect and review education records that are collected, maintained or used by the District with respect to students with disabilities must be honored without unnecessary delay, and before any meeting regarding an individualized educational program (IEP), hearing relating to the identification, evaluation, or placement of the student, or resolution session, and in no case more than forty-five (45) days after the request was made.


D.	The parents/eligible students have a right to have their representative inspect and review the records upon submission of a signed and dated written consent that:

	1.	specifies the records that may be disclosed;

	2.	states the purpose of disclosure;

	3.	identifies the party or class of parties to whom the disclosure may be made.

E.	The Board shall presume that either parent has the authority to disclose, inspect, and review the student's records unless a court order indicates otherwise or unless otherwise prohibited by law.

	If the parents/eligible students request an opportunity to inspect and review records, a written request is necessary.

F.	The parents/eligible students are to complete the Board’s Request for Information Form 8330 F5 prior to receiving copies of any record.

	The COR shall arrange a mutually-agreeable time for the review with the parents/eligible students.

G.	Subject to the limitations within the law, policy, and/or guidelines, the COR shall provide parents/eligible students with copies of any information in the student's education records and shall respond to reasonable requests for explanation and interpretation of the records. Copies of the records shall be provided for the current cost of duplication unless that fee effectively prevents the parents/eligible students from exercising the right to inspect and review the records.

H.	If the parents/eligible students request disclosure of specific information by telephone, the COR shall not disclose requested information.

I.	The District shall not destroy any education record if there is an outstanding request to inspect and review the record.


	J.	Parents/Eligible students who have provided the District with signed security and release documents may access the confidential attendance and academic record information about their student through the Internet. Neither the District nor its employees will be held responsible for any privacy violation by the parent/eligible student or any unauthorized party.

Confidentiality

A.	Access to Student Progress and Behavior Records - All student progress and behavioral records maintained by the School District shall be confidential with access limited to the conditions below:

	1.	Upon request, an eligible student or the parent/guardian of a minor student shall be shown and provided with a copy of the student's progress records.

	2.	Upon request, an eligible student or the parent/guardian of a minor student shall be shown the student's behavioral records in the presence of a person qualified to explain and interpret the records.

	3.	The judge of any court of Wisconsin or of the United States shall, upon request, be provided with a copy of all progress records of a student who is the subject of any proceeding in such court. The District shall make a reasonable effort to notify the parent/guardian or eligible student of the order in advance of compliance therewith, except as otherwise provided by law.


4.	Student records shall be made available to school officials who have been determined by the Board to have legitimate educational interests, including safety interests, in such records. A "School Official" is a person employed by the District who is required by the Department of Public Instruction (DPI) to hold a license; a person who is employed by or working on behalf of the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and police-school liaison personnel); a person serving on the Board; a person or company with whom the District has contracted to perform a specific task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a "legitimate educational interest" if the official needs to review a student record in order to fulfill his/her professional or District responsibility.

	a.	If law enforcement officers’ record information obtained by the District relates to a District student, the information shall be disclosed only to those employees who are required by the DPI to hold a license and to other school officials who have been determined by the Board to have a legitimate educational interest, including safety interest, in the information. It shall also be disclosed to those District employees who have been designated by the Board to receive that information for the purpose of providing treatment programs for District students. The information may not be used as the sole basis for suspending or expelling a student from school, or as the sole basis for taking any other disciplinary action against a student, including action under the District's athletic code.

	b.	Court order records obtained by the District must be disclosed to District employees who work directly with the juvenile named in the records or who have been determined by the Board to have legitimate educational interests, including safety interests, in the information. An employee cannot further disclose the information, and the information cannot be used as the sole basis for suspending or expelling a student from school.

5.	Upon the written permission of an eligible student or parent/guardian of a minor student, the school shall make available to the person named in the permission form the student's progress records or such portion of his/her behavioral records as determined by the person authorizing the release. Law enforcement records may not be made available under this exception unless specifically identified by the eligible student or by the parent/guardian of a minor student in the written permission form.

6.	Student records shall be provided to a court in response to a subpoena by parties to an action for in camera inspection, to be used only for purposes of impeachment of any witness who has testified in the action and only after the moving party has made a showing to the court that the records are likely to yield such information that could not be otherwise obtained. The court may turn the records or parts thereof over to parties in the action or their attorneys if the court determines that the records or parts thereof are relevant and material to a witness's credibility or competency. The District shall make a reasonable effort to notify the parents/guardians or eligible student of the subpoena in advance of disclosure except as otherwise provided by law.

7.	Information required by law may be provided to the DPI or any public officer. Upon request, the Board shall provide the DPI with any student record information that relates to an audit or evaluation of a Federal or State-supported program or that is required to determine compliance with State law provisions.

	8.	Notwithstanding their confidential status, student records may be used in suspension and expulsion proceedings and by the Individualized Education Program (IEP) Team in accordance with State and Federal law.

	9.	The district board of the technical college in which the school is located, the Department of Health and Family Services, the Department of Workforce Development, or a county department verifying eligibility for public assistance shall, upon request, be provided with the names of students who have withdrawn from the school prior to graduation.

	10.	Information from a student's immunization record shall be made available to State and local health officials to carry out immunization requirements.

	11.	Personally identifiable information from the student records of an eligible student may be disclosed to the parent of the eligible student without the written consent of the eligible student if the eligible student is a dependent of his/her parent for tax purposes (under the Federal Internal Revenue Code, 26 U.S.C. 152). This may be done unless the eligible student has informed the school, in writing, that the information may not be disclosed.

		Personally identifiable information includes a biometric record, which means a "record of one or more measurable behavioral or biological characteristics" that can be used to identify a student. (e.g., fingerprints, retinal scans, voiceprints, DNA sequence, and handwriting).

	12.	A student's records shall be disclosed in compliance with a court order under Wisconsin's delinquency statutes after a reasonable effort has been made to notify the student's parent/guardian.

	13.	The District shall provide to the court, in response to a court order, the names of all persons known by the District to be dropouts and who reside within the county in which the circuit court or the municipality court is located.

14.	Annually, on or before August 15^th, the District shall report to the appropriate community services boards established under Sections 51.42 and 51.437 the names of students who reside in the District, who are sixteen (16) years of age or older, who are not expected to be enrolled in an educational program two (2) years from the date of the report and who may require services under Sections 51.42 or 51.437 (community mental health, development disabilities, alcoholism, and drug abuse).

15.	If school attendance is a condition of a student's dispositional order under Section 48.355(2)(b)7 or 938.358(2), the Board shall notify the county department that is responsible for supervising the student within five (5) days after any violation of the condition by the student.

16.	A law enforcement agency shall be provided a copy of a student's attendance record if the law enforcement agency certifies in writing that the student is under investigation for truancy or for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the student's attendance record information except as permitted by law. When a student's attendance record is disclosed to a law enforcement agency for purposes of truancy, the student's parent/guardian shall be notified of that disclosure as soon as practicable after the disclosure.

17.	A fire investigator shall be provided with a copy of a student's attendance record if the fire investigator certifies in writing that the student is under investigation for arson, that the attendance record is necessary for the investigation and that the records will be used and further disclosed only for the purpose of pursuing the investigation.

18.	The District shall provide student disciplinary records necessary for purposes of student enrollment in another public or private school district in this State or any other as permitted by law. These records may include:

	a.	a copy of any expulsion findings and orders or records of any pending disciplinary proceedings involving the students;

	b.	a written explanation of the reasons for the expulsion or pending disciplinary proceedings;

	c.	the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceedings.

19.	The District may disclose student records to appropriate parties, e.g. law enforcement officials, or health care workers, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

20.	The District may disclose personally identifiable information from an education record to appropriate parties, including parents of eligible students, in connection with an emergency if necessary to protect the health or safety of the student or other individuals. If the District determines there is an articulable and significant threat, it may disclose the information to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.


		21.	The disclosure is to authorized representatives of the Comptroller General, the Attorney General, the Secretary of Education, or State and local authorities, and is made for the purpose of conducting an audit or evaluation of a Federal or State supported education program, or to enforce or comply with Federal requirements relating to those programs. A written agreement between the parties is also required under this exception. Mandatory elements of this written agreement include: (1) designation of the receiving entity as an authorized representative; (2) specification of the information to be disclosed; (3) specification that the purpose of the disclosure is to carry out an audit or evaluation of a government supported educational program or to enforce or comply with the program's legal requirements; (4) a summary of the activity that includes a description of methodology and an explanation of why personally identifiable information is necessary to accomplish the activity; (5) a statement requiring the organization to destroy all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed; and (6) a statement of policies and procedures that will protect personally identifiable information from further disclosure or unauthorized use.

B.	Access to Directory Data - Except as otherwise provided below, directory information may be disclosed to any person after the school has: 1) notified the parent, legal guardian or guardian ad litem of the categories of information which it has designated as directory information with respect to each student; 2) informed such persons that they have fourteen (14) days to inform the school that all or any part of the directory information may not be released without their prior consent; and 3) has allowed fourteen (14) days for the parents, legal guardian, or guardian ad litem of any student to inform the school, in writing, that all or any part of the directory information may not be released. At the end of this fourteen (14) day period, each student's records will be appropriately marked by the records' custodian(s) to indicate directory data items, if any, the District must receive parental permission to release. This designation will remain in effect until it is modified by the written direction of the student's parent, guardian, or guardian ad litem.

	1.	The custodian of student records shall not release directory information to any person or company to be used for commercial or business purposes.

	2.	If the District has followed the notification procedure outlined above, and the parent, legal guardian, or guardian ad litem does not object to the directory information being released, the Board Clerk (or designee) shall, upon request, provide the name and address of each student expected to graduate from high school in the current school year to the technical college board.

	3.	If the District has followed the notification procedure outlined above, and the parent, legal guardian, or guardian ad litem does not object to the directory information being released, the Board Clerk (or designee) shall, upon request, provide any representative of any law enforcement agency, city attorney, district attorney, or cooperation counsel, county department under Sections 46.215 or 46.22 or 46.23, a court of record or municipal court with such directory information relating to any such student enrolled in the School District for the purpose of enforcing that student's school attendance, to respond to a health or safety emergency, or to aid in the investigation of alleged criminal or delinquent activity by a student enrolled in the District.

	4.	If the District has followed the notification procedure outlined above, and the parent, legal guardian or guardian ad litem does not object to the directory information being released, the Board Clerk (or designee) shall, upon request, provide any military recruiter or institution of higher education with the name, address, and telephone number of the student. (Only secondary schools are required to provide this information to military recruiters or institutions of higher education.)

C.	Access to Student Patient Records - All student patient records shall remain confidential. They may be released only to persons specifically designated by State or Federal law or to other persons with the informed consent of the patient or person authorized by the patient. Student patient records maintained by the District may only be released without informed consent to a District employee or agent if any of the following apply:

	1.	The employee or agent has responsibility for the preparation or storage of patient health records.

	2.	Access to patient health records is necessary to comply with a requirement in Federal or State law.

	Any record that concerns the results of a test for the presence of HIV or antibody to HIV (the virus which causes acquired immunodeficiency syndrome--AIDS) shall be confidential and may be disclosed only with the informed written consent of the test subject.

D.	Disclosure of Personal Information for Purposes of Marketing or Selling Information

	The Board shall not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).

E.	Disclosure of Educational Records to a Third-Party - The District will inform in writing any third-party to whom personally identifiable information is released that, except as otherwise permitted by State or Federal law, the party is not allowed to disclose the information to others without the written consent of the student's parents or the student, provided the student is an adult.

F.	Disclosure of Library Records to Parents

	See Policy 2416.01 Parental Access to Library Records

G.	Interagency Agreement to Disclose Student Records

	Pursuant to Section 118.125, Wis. Stats., the District has entered into an interagency agreement(s) with the entities listed below to disclose student records before adjudication for the purpose of providing services to the student. Each of the entities has certified in writing that the records will not be disclosed to any other person, except as permitted by law:

	1.	law enforcement agency

	2.	District attorney

	3.	agency, as defined in 938.78(1) (i.e., the department of corrections, a licensed child welfare agency, or a county department under Secs. 46.215, 46.22, or 46.23, Wis. Stats.


	4.	intake worker

Maintenance of Records

A.	Except as otherwise specifically provided, all student records will be kept in one (1) file in the school building in which the student is enrolled. This file will be kept in a locked file or drawer under the control of the building principal. Law enforcement and student patient records shall be maintained separately from a student's other records.

B.	Copies of records of any student referred for a suspected disability will be maintained in the Pupil Service Office in addition to the school file. Copies of all student physical health records also will be maintained at the Pupil Services Office.

C.	Requests for access to, or copies of, student records will be referred to the building principal for action. Student records shall be released only to the extent authorized by law.

D.	A record of each request for access to and each disclosure of personally identifiable information from a student's school records shall be maintained with such student's records, except when the request is from or the disclosure is to the following person/party:

	1.	the parent/guardian or eligible student

	2.	a school official

	3.	a party with written consent from the parent/guardian or eligible student

	4.	a party seeking directory information

	5.	a party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information in response to the subpoena not be disclosed

E.	Records of students who cease to be enrolled shall be maintained as follows:

	1.	All behavioral records will be destroyed one (1) year after the date the student graduated from or last attended the school unless the student, or his/her parent/guardian if the student is a minor, gives permission that the records be maintained for a longer period of time. Where such written permission is received, behavioral records will be destroyed after the time specified in the permission form or at the discretion of the District when they are of no further obvious use.

	2.	Progress records will be kept five (5) years after the date the student graduated from or last attended the school, except a record of grades and attendance is to be kept permanently.

	3.	Records of psychological testing or special education evaluations, including all individual reports, will be maintained for one (1) year after a student transfers out of the District. Upon written permission of an eligible student or the parent or legal guardian of a minor student, such records will be maintained for up to five (5) years.

Amendment of Records

	A.	A parent/guardian or an eligible student who believes that the school records collected, maintained, or used are inaccurate, misleading, or otherwise in violation of the privacy rights of the student may request the District to amend the records. The District will decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

	B.	If the District decides to refuse to amend the information in accordance with the request, it will inform the parent/guardian or eligible student of the refusal and advise him/her of the right to a hearing before the Board of Education. On request, the District shall provide an opportunity for a hearing to challenge information in school records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student.

	C.	If, as a result of the hearing, the District decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall amend the information accordingly and so inform the parent/guardian or eligible student in writing.

	D.	If, as a result of the hearing, the District decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the parent/guardian or eligible student of the right to place in the records it maintains on the student, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the District.

		The District shall require that any explanation placed in the records of a student be maintained by the District as part of the records as long as the record or contested portion is maintained by the District. If the records of the student, or the contested portion, are disclosed by the District to any party, the explanation shall also be disclosed to that party.

[Optional Language]
Procedure for Hearing to Amend Record

The District shall provide parents/eligible students with the opportunity to amend records when they believe that any of the information regarding their student is inaccurate, misleading, or violates the student's privacy.

	A.	Upon receipt of a written request to amend records, the building principal shall ascertain the specific information that is requested to be amended and the reason for the change.

		The building principal shall decide whether or not to amend the record.

		If the building principal decides not to amend, the parents/eligible students shall be so informed of the decision as well as of their rights to a hearing.

B.	If the parents/eligible students request a Records Hearing, the District Administrator shall:

	1.	select the Records Hearing Officer (RHO) (who may be an official of the District who does not have a direct interest in the outcome of the hearing);

	2.	direct the person selected as the RHO to arrange a hearing with the parents/eligible students within ten (10) business days from the date of the hearing request or at a mutually agreed time and place.

	The RHO shall inform the parents/eligible students that they shall be afforded a full and fair opportunity to present evidence relevant to the issues and may be assisted or represented by individuals of their choice, including an attorney, at their own expense.

	The RHO is responsible for maintaining the student’s record during the appeal process so that no information is lost or destroyed during the appeal process.

C.	The RHO shall conduct the hearing by:

	1.	introducing the participants;

	2.	reviewing the agenda for the hearing;

	3.	identifying the records in question;

	4.	reviewing the items for which amendment is being requested;

	5.	allowing the parents/eligible students and/or their representative to present evidence related to the issues;

	6.	allowing the Board’s representative to present evidence related to the issues;

	7.	recording the evidence presented by both parties;

	8.	allowing each party a reasonable period of time to question the evidence of the other party;

	9.	adjourning the hearing.

D.	No later than ten (10) business days from the conclusion of the records hearing, the RHO shall summarize and send a copy of the findings to the District Administrator (see Form 8330 F7).

E.	The District Administrator, within ten (10) business days after receiving the findings of the RHO, shall make a decision, based solely upon the evidence presented at the hearing, and send to the parents/eligible students:

	1.	a letter stating the decision and the justification for the decision;

	2.	a copy of the RHO Report;

	3.	copies of the amended records, if any;

	4.	a notification of the right to place a statement in the record commenting on the contested information or stating why s/he disagrees with the decision.

F.	If the Board and parents/eligible students agree to the necessary amendments, the COR shall make necessary changes in the student record and send the parents/eligible students written confirmation that the changes have been made.

G.	If as a result of the hearing, the Board decides not to amend the record, the parents/eligible students have the right to place a statement in the record commenting on the contested information in the records and/or stating they disagree with the decision of the RHO. Such a statement shall be maintained with the contested part of the records as long as the records exist and shall be disclosed as part of any record disclosure.

Emergency Release

The COR may release any personally-identifiable information (without parent's/eligible student's consent) to appropriate parties, including parents of eligible students, in connection with a health/safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

Upon receipt of a request for emergency information, the COR, shall consider the totality of the circumstances pertaining to a threat to the health or safety of others. If the COR determines that an articulable and significant threat exists, s/he may release information from education records to any necessary individuals. If the COR or another school official releases personally identifiable information pursuant to this Section, s/he must record in the student's education records the basis for the decision that a health or safety emergency existed.

Transfer of Records

All student records relating to a specific student shall be transferred to another school or school district within five (5) work days upon receipt of written notice from:

	A.	an eligible student, or the parent/guardian of a minor student, that the student intends to enroll in the other school or school district;

	B.	the other school or school district in which the student has enrolled;

	C.	a court, in the event that a student has been placed in a juvenile correctional facility or secured child caring institution.

"School" or "School District" in this section includes any secured correctional facility, secured group home, adult correctional institution, mental health institution, or center for the developmentally disabled, that provide an educational program for its residents instead of or in addition to that which is provided by public and private schools.

Disclosure For Student Financial Aid

The COR may release, without parents' consent, student information regarding financial aid for which a student has applied or which a student has received, provided that personally-identifiable information from the education records of the student may be used only to:

	A.	determine the eligibility of the student for financial aid;

	B.	determine the amount of financial aid;

	C.	determine the conditions which will be imposed regarding the financial aid;

	D.	enforce the terms or conditions of the financial aid.

Disclosure For Purposes of Marketing Or Selling Information

The School Board shall not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to other for that purpose). For purposes of this section, "personal information" means individually identifiable information including: (1) a student or parent’s first and last name; (2) a home or other physical address (including street name and the name of the city or town); (3) a telephone number; or (4) a Social Security identification number.

Safeguarding Education Records and Responding to Data Breaches

Significant challenges exist with respect to the safeguarding of education records from unauthorized access and disclosure. These challenges include inadvertent posting of students' grades or financial information on publicly available Web servers; theft or loss of laptops and other portable devices that contain education records; computer hacking; and failure to retrieve education records at termination of employment or service as a contractor, consultant or volunteer. In light of these challenges, the DRO and COR are directed to work with the District's IT Department/Staff to identify, implement and administer appropriate methods and security controls to protect education records, especially those in electronic information/data systems.

The District's IT Department/Staff is encouraged to review the National Institute of Standards and Technology (NIST) Special Publication (SP) (800-100, "Information Security Handbook: A Guide for Managers," and NIST SP 800-53, "Recommended Security Controls for Federal Information Systems" for guidance and to use any methods or technologies they determine are reasonable to mitigate the risk of unauthorized access and disclosure taking into account the likely harm that would result. The IT Department/Staff is charged with development of appropriate responses to data breaches and other unauthorized disclosures, and said steps should include at a minimum the following:

	A.	reporting the incident to law enforcement authorities;

	B.	determining exactly what information was compromised (e.g. names, addresses, SSNs, ID numbers, grades, etc.);

	C.	taking steps to immediately retrieve data and prevent further disclosures;

	D.	identifying all affected records and students;

	E.	determining how the incident occurred, including which school officials had control of and responsibility for the information that was compromised;

	F.	determining whether the incident occurred because of a lack of monitoring or oversight;

	G.	determining whether any Board policies and/or District procedures were violated;

	H.	conducting a risk assessment and identifying appropriate physical, technological and administrative measures to prevent similar incidents in the future; and

	I.	notify students and parents that the United States Department of Education's Office of Inspector General maintains a Web site describing steps students may take if they suspect they are a victim of identity theft.

While notification of students is not required in all circumstances, it shall be the DRO's responsibility to determine, in conjunction with the Superintendent, whether students and/or parents will be notified of any breaches. If the decision is made not to issue a direct notice to a parent or student upon an unauthorized disclosure of education records, the DRO or COR shall nevertheless record the disclosure so the parent or student will become aware of it during an inspection of the student's education record.

Alleged Noncompliance with Federal Requirements

Eligible students or parents/guardians of minor students may file a complaint for alleged District noncompliance with requirements of the Federal Family Educational Rights and Privacy Act (FERPA) with: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605 and the Protection of Pupil Rights Amendment (PPRA).

Annual Public Notice

Parents/guardians and student shall be notified annually of the following: 1) their rights to inspect, review and obtain copies of student records; 2) their rights to request the amendment of the student's school records if they believe the records are inaccurate or misleading; 3) their rights to consent to the disclosure of the student's school records, except to the extent State and Federal law authorizes disclosure without consent; 4) the categories of student record information which have been designated as directory data and their right to deny the release of such information; and 5) their right to file a complaint with the Family Policy Compliance Office of the U.S. Department of Education. This notice shall be published in the District's official newspaper within three (3) weeks of the start of the school year. It shall also be published annually in District student-parent handbooks.

For students enrolling in the District after the above notice has been given, the notice will be given to the eligible student and his/her parent/guardian at the time and place of enrollment.

Destruction and Review of Records

If a student is identified as a student with a disability under the Individuals with Disabilities Education Act ("IDEA") or Section 504 of the Rehabilitation Act of 1973, the COR shall:

	A.	maintain the student’s educational records for five (5) years after termination of special education programs, services, and/or graduation; and

	B.	only destroy such educational records after notifying the parents/eligible students that the information is no longer needed to provide educational services and will be destroyed.

The personally-identifiable information on a disabled student shall be retained permanently unless the parents/eligible students request that it be destroyed as specified in these guidelines. The COR should remind them that the records may be needed by the student or the parents for Social Security benefits or other purposes (see Form 8330 F9).

It is important that the address used in Form 8330 F9 be checked annually to verify the accuracy of the address for complaints regarding the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).

115.812, 118.125, 118.127, 118.163, 938.396, Wis. Stats.
34 C.F.R. Part 99
20 U.S.C. 1232f through 1232i
20 U.S.C. 1400 et seq.
20 U.S.C. 7908
26 U.S.C. 152