Access to Records
- A “legitimate educational interest” is one held by officials and employees whose duties and responsibilities to the district require that they have access to student records. “School officials and employees” are Board of Education members, district certificated employees and district administrators.
- “Parent” means a natural parent, adoptive parent, or legal guardian. If parents are divorced or legally separated, only a parent having legal custody of the student may challenge the content of a record, offer a written response to a record, or consent to release records to others. Either parent may grant consent if both parents notify the district, in writing, that such an agreement has been made.
- Once a student reaches the age of 18 or attends a postsecondary school, he/she alone shall exercise these rights and grant consent for the release of records.
- Access to parents shall be provided within five days, during school hours.
- Persons, agencies or organizations not afforded access rights may be granted access only through written permission of the adult student or the parent. Access to student records and information shall not be denied to a parent because he/she is not the child’s custodial parent.
- Those granted access are prohibited from releasing information to another person or agency without written permission from the parent or adult student (age 18 or older).
- Certificated personnel will be available to interpret records where appropriate.
The following persons or agencies shall have access to student records:
- Natural parents, adoptive parents, or legal guardians of students younger than age 18.
- Adult students (age 18 or older).
- Those so authorized in compliance with a court order.
- Natural parents, adoptive parents or legal guardians of a dependent student age 18 or older.
- Students 16 or older or who have completed the 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 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.
- Upon written request, peace officers designated by their law enforcement agency shall receive information about the transfer of a student’s records to another district or private school within the state, or to a district within another state, when authorized by law to assist in suspected kidnapping investigations.
Parental consent is not required when information is shared with other persons within educational institutions, agencies or organizations obtaining access, so long as those persons have a legitimate interest in the information. The district may release information from student records to the following:
- Appropriate persons in an emergency if health and safety are at stake.
- Agencies or organizations in connection with student’s application for financial aid.
- Accrediting associations.
- Organizations conducting studies on behalf of educational institutions or agencies, as limited by Education Code 49076.
- Officials and employees of private schools or school systems where the student is enrolled or intends to enroll, subject to the parental rights in Education Code 49068.
- County elections officials for the purpose of identifying students eligible to register to vote and offering such students an opportunity to register.
Request for Student Records
- Students currently enrolled in Elk Grove Unified School District: requests for student records must be made to the student’s current school. Student records will only be released to those with authorized access. Identification will be required.
- Students no longer enrolled in Elk Grove Unified School District: requests for student records must be made to the last school of attendance in the district. Student records will only be released to those with authorized access. Identification will be required.
Contesting Student Records
- An unsubstantiated personal conclusion or inference
- A conclusion or inference outside of the observer’s area of competence
- Not based on the personal observation of a named person with the time and place of the observation noted
- In violation of the privacy or other rights of the student
Retention and Destruction of Student Records
- No additions except routine updating shall be made to a student’s record after high school graduation or permanent departure without prior consent of the parent or adult student.
- Mandatory permanent student records shall be kept in perpetuity.
- Unless forwarded to another district, mandatory interim student records may be destroyed three years after determining that their usefulness has ceased or that the student has left the district.
- Permitted student records may be destroyed when their usefulness ceases. They may be destroyed six months after the student completes or withdraws from the educational program.
- Records shall be destroyed in a way that guarantees they will not be viewed by the public.
“Mandatory Permanent Student Records”, which shall be kept indefinitely, include:
- Legal name of student.
- Date and place of birth.
- Method of verification of birth date.
- Sex of student.
- Name and address of parent of minor student.
- Address of minor student if different from the above.
- Annual verification of parent’s name and address and student’s residence.
- Entering and leaving date of each school year.
- Subjects taken during each year, half-year, summer session or quarter, and marks or grades given.
- Verification of required immunizations or waiver.
- Date of high school graduation or equivalent.
“Mandatory Interim Student Records,” which may be destroyed after a stipulated length of time, include:
- A log identifying persons or agencies who request or receive information from the student record. Log shall be accessible only to the legal parent or guardian, eligible student, dependent adult student, adult student or custodian of records.
- Health information, including Child Health Development Disabilities Prevention Program verification or waiver.
- Information on participation in special education programs, including required tests, case studies, authorizations, and evidence of eligibility for admission or discharge.
- Language training records.
- Progress slips/notices required by Education Code 49066 and 49067.
- Parental stipulations regarding access to directory information.
- Parent or adult student rejoinders to challenged records and to disciplinary action.
- Parental authorization or denial of student participation in specific programs.
- Results of standardized tests given within the past three years.
“Permitted Records,” kept only as currently useful, may include:
- Objective counselor/teacher ratings.
- Disciplinary notices and data.
- Verified reports of relevant behavior patterns.
- Standardized test results older than three years.
- Supplementary attendance records.
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