Policy 515 - Protection and Privacy of Pupil Records
Revised: March 21, 2017
The school district recognizes its responsibility in regard to the collection, maintenance, and dissemination of pupil records and the protection of the privacy rights of students as provided in federal law and state statutes.
II. GENERAL STATEMENT OF POLICY
The following procedures and policies regarding the protection and privacy of parents and students are adopted by the school district, pursuant to the requirements of 20 U.S.C. § 1232g, et seq., (Family Educational Rights and Privacy Act (FERPA)) 34 C.F.R. Part 99 and consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and Minn. Rules Parts 1205.0100-1205.2000.
- A. Authorized Representative
- B. Biometric Record
- C. Dates of Attendance
- D. Directory Information
- E. Education Records
- F. Eligible Student
- G. Juvenile Justice System
- H. Legitimate Educational Interest
- I. Parent
- J. Personally Identifiable
- K. Record
- L. Responsible Authority
- M. Student
- N. School Official
- O. Summary Data
- P. Other Terms and Phrases
IV. GENERAL CLASSIFICATION
State law provides that all data collected, created, received, or maintained by a school district are public unless classified by state or federal law as not public or private or confidential. State law classifies all data on individuals maintained by a school district which relates to a student as private data on individuals. This data may not be disclosed to parties other than the parent or eligible student without consent, except pursuant to a valid court order, certain state statutes authorizing access, and the provisions of FERPA and the regulations promulgated thereunder.
V. STATEMENT OF RIGHTS
A. Rights of Parents and Eligible Students
Parents and eligible students have the following rights under this policy:
- The right to inspect and review the student’s education records;
- The right to request the amendment of the student’s education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights;
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that such consent is not required for disclosure pursuant to this policy, state or federal law, or the regulations promulgated thereunder;
- The right to refuse release of names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions;
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the federal law and the regulations promulgated thereunder;
- The right to be informed about rights under the federal law; and
- The right to obtain a copy of this policy at the location set forth in Section XXI of this policy.
B. Eligible Students
All rights and protections given parents under this policy transfer to the student when he or she reaches eighteen (18) years of age or enrolls in an institution of post-secondary education. The student then becomes an “eligible student.” However, the parents of an eligible student who is also a “dependent student” are entitled to gain access to the education records of such student without first obtaining the consent of the student. In addition, parents of an eligible student may be given access to education records in connection with a health or safety emergency if the disclosure meets the conditions of any provision set forth in 34 C.F.R. § 99.31(a).
C. Disabled Students
The school district shall follow 34 C.F.R. §§ 300.610-300.617 with regard to the confidentiality of information related to students with a disability.
VI. DISCLOSURE OF EDUCATION RECORDS
VII. RELEASE OF DIRECTORY INFORMATION
VIII. DISCLOSURE OF PRIVATE RECORDS
IX. DISCLOSURE OF CONFIDENTIAL RECORDS
X. DISCLOSURE OF SCHOOL RECORDS PRIOR TO EXCLUSION OR EXPULSION HEARING
At a reasonable time prior to any exclusion or expulsion hearing, the student and the student’s parent or guardian or representative shall be given access to all school district records pertaining to the student, including any tests or reports upon which the action proposed by the school district may be based, pursuant to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. § 121A.40, et seq.
XI. DISCLOSURE OF DATA TO MILITARY RECRUITING OFFICERS AND POST-SECONDARY EDUCATIONAL INSTITUTIONS
A. The school district will release the names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions within sixty (60) days after the date of the request unless a parent or eligible student has refused in writing to release this data pursuant to Paragraph C. below.
B. Data released to military recruiting officers under this provision:
- may be used only for the purpose of providing information to students about military service, state and federal veterans’ education benefits, and other career and educational opportunities provided by the military; and
- cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces.
C. A parent or eligible student has the right to refuse the release of the name, address, or home telephone number to military recruiting officers and post-secondary educational institutions. To refuse the release of the above information to military recruiting officers and post-secondary educational institutions, a parent or eligible student must notify the responsible authority Superintendent in writing by [date] each year. The written request must include the following information:
- Name of student and parent, as appropriate;
- Home address;
- Student’s grade level;
- School presently attended by student;
- Parent’s legal relationship to student, if applicable;
- Specific category or categories of information which are not to be released to military recruiting officers and post-secondary educational institutions; and
- Specific category or categories of information which are not to be released to the public, including military recruiting officers and post-secondary educational institutions.
D. Annually, the school district will provide public notice by any means that are reasonably likely to inform the parents and eligible students of their rights to refuse to release the names, addresses, and home phone numbers of students in grades 11 and 12 without prior consent.
E. A parent or eligible student’s refusal to release the above information to military recruiting officers and post-secondary educational institutions does not affect the school district’s release of directory information to the rest of the public, which includes military recruiting officers and post-secondary educational institutions. In order to make any directory information about a student private, the procedures contained in Section VII. of this policy also must be followed. Accordingly, to the extent the school district has designated the name, address, phone number, and grade level of students as directory information, absent a request from a parent or eligible student not to release such data, this information will be public data and accessible to members of the public, including military recruiting officers and post-secondary educational institutions.
XII. LIMITS ON RE-DISCLOSURE
A. Re-disclosure - Consistent with the requirements herein, the school district may only disclose personally identifiable information from the education records of a student on the condition that the party to whom the information is to be disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that the officers, employees, and agents of any party receiving personally identifiable information under this section may use the information, but only for the purposes for which the disclosure was made.
B. Re-disclosure Not Prohibited
1. Subdivision A. of this section does not prevent the school district from disclosing personally identifiable information under Section VI. of this policy with the understanding that the party receiving the information may make further disclosures of the information on behalf of the school district provided:
a. The disclosures meet the requirements of Section VI. of this policy; and
b. The school district has complied with the record-keeping requirements of Section XIII of this policy.
2. Subdivision A. of this section does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas or litigation, to disclosures of directory information, to disclosures to a parent or student or to parents of dependent students, or to disclosures concerning sex offenders and other individuals required to register under 42 U.S.C. § 14071. However, the school district must provide the notification required in Section XII.D. of this policy if are disclosure is made based upon a court order or lawfully issued subpoena.
C. Classification of Disclosed Data - The information disclosed shall retain the same classification in the hands of the party receiving it as it had in the hands of the school district.
D. Notification - The school district shall inform the party to whom a disclosure is made of the requirements set forth in this section, except for disclosures made pursuant to court orders or lawfully issued subpoenas, disclosure of directory information under Section VII. of this policy, disclosures to a parent or student, or disclosures to parents of a dependent student. In the event that the Family Policy Compliance Office determines that a state or local educational authority, a federal agency headed by an official listed in 34 C.F.R. § 99.31(a)(3), or an authorized representative of a state or local educational authority or a federal agency headed by an official listed in § 99.31(a)(3), or a third party outside of the school district improperly re-disclosed personally identifiable information from education records or fails to provide notification required under this section of this policy, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years.
XIII. RESPONSIBLE AUTHORITY; RECORD SECURITY; AND RECORD KEEPING
XIV. RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS
- A. Parent of a Student, an Eligible Student or the Parent of an Eligible Student Who is Also a Dependent Student
- B. Response to Request for Access
- C. Right to Inspect and Review
- D. Form of Request
- E. Collection of Student Records
- F. Records Containing Information on More Than One Student
- G. Authority to Inspect or Review
- H. Fees for Copies of Records
XV. REQUEST TO AMEND RECORDS; PROCEDURES TO CHALLENGE DATA
XVI. PROBLEMS ACCESSING DATA
A. The data practices compliance official is the designated employee to whom persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems.
B. Data practices compliance official means
C. Any request by an individual with a disability for reasonable modifications of the school district’s policies or procedures for purposes of accessing records shall be made to the data practices compliance official.
XVII. COMPLAINTS FOR NON COMPLIANCE WITH FERPA
A. Where to File Complaints - Complaints regarding alleged violations of rights accorded parents and eligible students by FERPA, and the rules promulgated thereunder, shall be submitted in writing to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue S.W., Washington, D.C. 20202.
B. Content of Complaint - A complaint filed pursuant to this section must contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA and the rules promulgated thereunder has occurred.
A parent or eligible student may waive any of his or her rights provided herein pursuant to FERPA. A waiver shall not be valid unless in writing and signed by the parent or eligible student. The school district may not require such a waiver.
XIX. ANNUAL NOTIFICATION OF RIGHTS
A. Contents of Notice - The school district shall give parents of students currently in attendance and eligible students currently in attendance annual notice by such means as are reasonably likely to inform the parents and eligible students of the following:
1. That the parent or eligible student has a right to inspect and review the student’s education records and the procedure for inspecting and reviewing education records;
2. That the parent or eligible student has a right to seek 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 and the procedure for requesting amendment of records;
3. That the parent or eligible student has a right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosure without consent;
4. That the parent or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the school district to comply with the requirements of FERPA and the rules promulgated thereunder;
5. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest for purposes of disclosing education records to other school officials whom the school district has determined to have legitimate educational interests; and
6. That the school district forwards education records on request to a school in which a student seeks or intends to enroll or is already enrolled as long as the disclosure is for purposes related to the student’s enrollment or transfer and that such records may include suspension and expulsion records pursuant to the federal No Child Left Behind Act and, if applicable, a student’s history of violent behavior.
B. Notification to Parents of Students Having a Primary Home Language Other Than English - The school district shall provide for the need to effectively notify parents of students identified as having a primary or home language other than English.
C. Notification to Parents or Eligible Students Who are Disabled - The school district shall provide for the need to effectively notify parents or eligible students identified as disabled.
XX. DESTRUCTION AND RETENTION OF RECORDS
Destruction and retention of records by the school district shall be controlled by state and federal law.
XXI. COPIES OF POLICY
Copies of this policy may be obtained by parents and eligible students at the office of the superintendent.
- Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
- Minn. Stat. Ch. 14 (Administrative Procedures Act)
- Minn. Stat. § 120A.22 (Compulsory Instruction)
- Minn. Stat. § 121A.40-121A.56 (The Pupil Fair Dismissal Act)
- Minn. Stat. § 121A.75 (Sharing Disposition Order and Peace Officer Records)
- Minn. Stat.§ 127A.852 (Military-Connected Youth Identifier)
- Minn. Stat. § 144.341-144.347 (Consent of Minors for Health Services)
- Minn. Stat. § 260B.171, Subds. 3 and 5 (Disposition Order and Peace Officer Records of Children)
- Minn. Stat. § 363A.42 (Public Records; Accessibility)
- Minn. Stat. § 626.556 (Reporting of Maltreatment of Minors)
- Minn. Rules Parts 1205.0100-1205.2000 (Data Practices)
- 10 U.S.C. § 503(b) and (c) (Enlistments: Recruiting Campaigns; Compilation of Directory Information)
- 18 U.S.C. § 2331 (Definitions)
- 18 U.S.C. § 2332b (Acts of Terrorism Transcending National Boundaries)
- 20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy Act)
- 20 U.S.C. § 6301 et seq. (No Child Left Behind)
- 20 U.S.C. § 7908 (Armed Forces Recruiting Information)
- 26 U.S.C. §§ 151 and 152 (Internal Revenue Code)
- 34 C.F.R. §§ 99.1-99.67 (Family Educational Rights and Privacy)
- 34 C.F.R. § 300.610-300.627 (Confidentiality of Information)
- 42 C.F.R. § 2.1 et seq. (Confidentiality of Drug Abuse Patient Records)
- Gonzaga University v. Doe, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed. 2d 309 (2002)
- MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
- MSBA/MASA Model Policy 417 (Chemical Use and Abuse)
- MSBA/MASA Model Policy 506 (Student Discipline)
- MSBA/MASA Model Policy 519 (Interviews of Students by Outside Agencies)
- MSBA/MASA Model Policy 520 (Student Surveys)
- MSBA/MASA Model Policy 711 (Video Recording on School Buses)
- MSBA/MASA Model Policy 906 (Community Notification of Predatory Offenders)
- MSBA Service Manual, Chapter 13, School Law Bulletin “I” (School Records – Privacy – Access to Data)
Adopted: April 23, 1996
Revised: January 14, 1997
Revised: August 10, 2004
Revised: April 13, 2010
Revised: April 15, 2014
Reviewed: August 18, 2015
Revised: March 21, 2017