STUDENT RECORDS

Lori Holmes, Registrar
(916) 686-7752

What is a student record?

Information related to an identifiable student (other than directory information) maintained by the District, or required to be maintained by a school employee in the performance of his duties whether by handwriting, print, tapes, film, microfilm or other means.

Should include the student’s health record.

Shall not include informal notes about a student, which a school employee keeps for private use and are not reveled to any other person except a substitute teacher.

ACCESS TO RECORDS – Parent Rights

Parents of current or former students have absolute right to access student records related to their children which are maintained by school districts or private schools within five (5) days of request.

Parental consent should include a signed and dated document specifying the records that may be disclosed, the purpose of the disclosure, and the identity of the party or class of parties to whom the disclosure may be made.

Consent notice should be kept in the student’s file.

At age 18, rights are transferred to students.

If the 18 year old student is dependent for tax purposes, the parent is entitled to access for legitimate educational purposes.

Parents have the following rights:

• Right to inspect and review records during regular school hours;
• Right to a response from District to requests for explanations and interpretations of records;
• Right to request copies;
• No charge to copy if it prevents parents from the right to receive copies;
• Right to be notified of location of all student records if not centrally located; and
• Right to receive interpretation of record in dominant language or assistance in securing interpreter.

Who is considered a "parent"?

• A natural or adoptive parent or legal guardian; and
• If parents are divorced or legally separated, any parent with legal custody may challenge the content of a record, offer written response to disciplinary action, or consent to release records to others

ACCESS TO RECORDS – Access Without Parental Consent

Particular records relevant to the legitimate educational interests of the requester:

• Parents of dependent students age 18 or older;
• Students age 16 or older or who have completed 10th grade;
• School officials and employees;
• School attendance and review board members, and involved school officials and employees;
• Officials or employees of other public schools or school systems, where student is enrolling, where educational programs leading to high school graduation are provided;
• Federal, state and local officials, as needed for program audits or compliance with law;
• County Child Welfare Services workers responsible for the case plan of a minor who is being placed in foster care;
• Any district attorney who is participating in or conducting a truancy mediation program;
• Prosecuting agency for consideration against a parent/guardian for failure to comply with compulsory education laws; and
• Probation officer or district attorney for conducting criminal investigation, investigation in regard to declaring a person a ward of the court, or involving a violation of probation.

Which school employees have access to student records?

School officials and employees:

• Must have a “legitimate educational interest”; and
• Access permitted only by officials and employees whose duties and responsibilities to the District require that they have access to student records.

CHALLENGING STUDENT RECORDS

After inspection, parents may challenge content of any record.

Parent may file written requests with the superintendent to correct or remove written records alleged to be:

• Inaccurate;
• Unsubstantiated personal conclusions/inferences;
• Conclusion or inference outside observer’s area of competence;
• Not based on personal observations with time and place of observation noted;
• Misleading, and/or
• Violation of student’s privacy or other rights.

Superintendent or designee has thirty (30) days from receipt of request to meet with parent and certificated employee who recorded information (if still employed at school).

Superintendent must sustain or deny allegations.

Superintendent shall not order change in grade unless teacher given an opportunity to state reasons for the grade.

Parent has thirty (30) days to appeal to Governing Board of the District.

Governing Board decision is final.

If decision at either level is not in favor of parent, parent has right to submit written objection as part of student’s record.

Parent entitled to write response regarding any pupil information regarding disciplinary action.

A hearing panel is an option for the Superintendent or Governing Board.

TRANSFER OF STUDENT RECORDS

• Schools must transfer records upon request;
• Student records shall not be withheld because of charges or fees owed by student or parent/guardian;
• If the District has withheld transcripts for such reasons, that information shall be forwarded to new school along with student’s record;
• If the new school agrees to assist the District in obtaining the overdue charges, District shall notify the parent/guardian in writing that its decision to withhold grades and transcript will be enforced by the new school;
• When student transfers to another school district or to a private school, the former district shall send mandatory permanent student records upon request from new district/private school; and
• Original or copy shall be retained permanently by former district.

RELEASE OF DIRECTORY INFORMATION

Parental consent is not required when information is shared with other persons within educational institutions, agencies or organizations obtaining access, so long as they have a legitimate interest in the information.

District adopts policy identifying categories of directory information.

If you receive a request for directory information, review current policy to determine whether to release information.

No directory information shall be released regarding a student if parent notifies District.

DIRECTORY INFORMATION DEFINED

• Student’s name, address, phone number, date and place of birth;
• Student’s major field of study;
• Student’s participation in officially recognized activities and sports;
• Weight and height of members of athletic teams;
• Dates of attendance;
• Degrees and awards received, and;
• Most recent public or private school attended by student.

TYPES OF STUDENT RECORDS

• Mandatory permanent student records;
• Mandatory interim student records; and
• Permitted student records.

MANDATORY PERMANENT STUDENT RECORDS

What do they consist of?

• Legal name of student;
• Date and place of birth;
• Verification of birth date;
• Gender of student;
• Name and address of parent of minor pupil;
• Address of minor pupil if different;
• Annual verification of residence of student and name and address of parent;
• Entering and leaving date of each school year, summer session, other session;
• Subjects taken during each school year, half year, summer session, quarter;
• Mark or number of credits towards graduation (if given);
• Verification of or exemption from required immunizations; and
• Date of high school graduation or equivalent.

How long must the records be kept?

School districts must maintain the records indefinitely (a copy is sufficient).

MANDATORY INTERIM STUDENT RECORDS

What do they consist of?

• Expulsion order and reasons [Education Code Section 48911(j)];
• Log or record identifying persons requesting information from the record (not including school personnel);
• Health information;
• Participation in special education programs including required tests, case studies, authorizations and actions necessary to establish eligibility for admission or discharge;
• Language training records;
• Progress slips and/or notices required by Education Code Section 49066 (grades/changes of grades) and Section 49067 (regulations regarding pupil’s achievement);
• Parental restrictions regarding access to directory information or related stipulations;
• Parent or adult pupil rejoinders to challenged records and to disciplinary action;
• Parent authorization or prohibitions of pupil participation in specific programs; and
• Results of standardized tests within preceding three (3) years.

How long must interim records be kept?

• Unless forwarded to another district, they may be classified as “disposable” after determining that their usefulness has ceased or after the student has left the district;
• Destruction shall be after the third school year in which they were deemed disposable.

PERMITTED STUDENT RECORDS

They may include:

• Objective counselor/teacher ratings;
• Disciplinary notices and data;
• Verified reports of relevant behavior patterns;
• Standardized test results older than three (3) years, and
• Supplementary attendance records.

How long must they be kept?

• They may be maintained for appropriate educational purposes;
• They may be destroyed when their “usefulness” ceases; and
• They may be destroyed six (6) months after student completes or withdraws from the district.

RECORDS SPECIFIC TO THE SPECIAL EDUCATION STUDENT

The law does not differentiate between a student’s special education file and a students cumulative file.

Special education records consist of participation in special education programs including required tests, case studies, authorizations and actions necessary to establish eligibility for admission or discharge.

LOCATION OF RECORDS

A student's special education/cumulative file should be kept:

• At the school the student attends;
• In the school office; and
• There should be a note in the file if any records are maintained elsewhere within the District.

PROTOCOLS:

• Protocols are student records only if “personally identifiable”;
• Records that are not directly related to a student and maintained by the District are not educational records (therefore, parents would have no right to review);
• Test protocol or question booklet that is separate from the sheet on which a student records his/her answers and which is not personally identifiable is not an educational record;
• Districts are required to respond to reasonable requests for explanations and interpretations of educational records; and
• This could entail showing to the parent the test question booklet, reading the questions to the parent, or providing an interpretation for responses in another manner.

Exceptions to producing student records in special education context:

• Attorney-client correspondence; and
• Raw data” or notes;
• Informal notes related to a student compiled by a school officer or employee which remain in the sole possession of the maker are not accessible or revealed to any other person (except temporary substitute of the maker).

TRANSFER OF RECORDS:

• Former district shall send student’s special education records (or a copy) within five (5) working

LEGAL NAMES

• A student’s legal name is part of the mandatory permanent pupil record; and
• The law does not require that the student’s legal name be proven in any particular manner, but preferred methods are:
  • Birth certificate
  • Baptism certificate
  • Passport

NAME CHANGES

• The only manner in which a minor can change his or her name is through a court order. A minor cannot change his or her name through “custom and usage”; and
• If a parent wishes to change a student’s legal name in the pupil record, the parent must provide a court order.
• Schools may add an AKA to the Student Information System.

CUSTODY ISSUES

• JOINT CUSTODY means joint legal and physical custody.
• JOINT LEGAL custody means that both parents share the right and the responsibility to make decisions relating to the health, education, and welfare of the child.
• JOINT PHYSICAL CUSTODY means that each parent must “have significant periods of physical custody” shared so that the child has frequent contact with both parents.
• SOLE LEGAL CUSTODY means that a parent has the sole right and responsibility to make decisions relating to the health, education and welfare of the child.
• SOLE PHYSICAL CUSTODY means that a child resides with and is under the supervision of one parent.

ACCESS TO STUDENT RECORDS - KEY POINTS

Regardless of legal or physical custody, a parent has an absolute right to access student records.

Authority To Release Student Records To Others:

A parent must have joint or sole legal custody in order to give permission to release records to other persons.

AUTHORITY TO CHALLENGE A STUDENT RECORD:

A parent must have joint or sole legal custody in order to challenge a student record.

RESIDENCY:

A student can only have one place of residence for the purposes of registering for school. If both parents claim that student resides in their home, the District may look at custody orders to assist in determining the student’s residence.

RESTRAINING ORDERS

• Every restraining order situation is different, and therefore requires the administrators and staff to be flexible and exercise their best judgment;
• If a parent provides the school with a copy of a restraining order, make quick check to make sure it is valid and that it has not expired;
• The order must be signed by a judge to be valid; and
• Every restraining order contains an expiration date.
• If the school staff does not know the restrained individual, they may (but are not required to) ask for a photograph that can be attached to the restraining order;
• The restraining order can be kept in the student’s cumulative folder;
• If school staff knows or is informed that the restrained individual is on campus, they should call law enforcement as soon as possible; and
• Have a copy of the restraining order available for the officer when she or he arrives.

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