POLICY 6420: FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT/NOTICE FOR DIRECTORY INFORMATION
BYLAW PERTAINING TO STUDENT RECORDS: POLICIES AND PROCEDURES
Definitions
For the purpose of this POLICY, BOCES has used the following definitions of terms:
Student - Any person who attends or has attended a program of instruction sponsored by BOCES.
Eligible Student - A student or former student who has reached age 18 or is attending a post-secondary school.
Parent - Either natural parent of a student unless their rights under the FERPA (Family Educational Rights and Privacy Act) has been removed by a court order, state statute or legally binding document relating to such matters as divorce, separation or custody that specifically revokes these rights, a guardian, or an individual acting as a parent or guardian in the absence of the student's parent or guardian.
Education Records - Any records (in handwriting, print, tape, film, microfilm, microfiche or other medium) maintained by BOCES, an employee of the district or an agent of the district which is related to a student except:
• Any personal records kept by a school staff member which meet the following tests:
a. It was made as a personal memory aid.
b. It is in the personal possession of the individual who made it.
c. Information contained in it has never been revealed or made available to any other person except the maker's temporary substitute.
• Employment records which are used only in relation to a student's employment by BOCES. (Employment for this purpose does not include activities for which a student receives a grade or credit in a course).
• Alumni records which relate to the student after they no longer attends classes provided by BOCES and the records do not relate to the person as a student.
Personal Identifiable Information - Any data or information that makes the subject of the records known. This includes the student's name, the student's parents' or other family member's name, the student's address, the student's social security number, a student number, a list of personal characteristics or any other information which would make the student's identity known.
Annual Notification
Within the first three weeks of each school year, BOCES will publish in the legal section of a newspaper having general circulation in the district, a notice to parents and eligible students of their rights under the FERPA and this POLICY. The district also will send home with each student a bulletin listing these rights. The bulletin will be included with a packet of material provided parents or an eligible student when the student enrolls during the school year.
The notice will include the following:
1. The right of a student's parents and an eligible student to inspect and review the student's education records.
2. The intent of BOCES to limit the disclosure of information contained in a student's education records except: (a) by the prior written consent of the student's parent or an eligible student, (b) as directory information, or (c) under certain limited circumstances, as permitted by the FERPA.
3. The right of a student's parents or an eligible student to seek to correct parts of the student's education records which they believe to be inaccurate, misleading or in violation of the student's rights. These rights include the right to a hearing to present evidence that the records should be changed if the district decides not to alter such records according to the parent or an eligible student's request.
4. The right of any person to file a complaint with the Department of Education if BOCES violates the FERPA.
5. The procedure that a student's parents or an eligible student should follow to obtain copies of this POLICY and the locations where copies may be obtained.
Statement of Rights
Parents and eligible students have the following rights under the Family Educational Rights and Privacy Act and this POLICY: 1. The right to inspect and review the student's education records. 2. The right to exercise a limited control over other people's access to the student's education records. 3. The right to seek to correct the student's education records in a hearing if necessary. 4. The right to report violations of the FERPA to the Department of Education; and 5. The right to be informed about FERPA rights.
All rights and protections given parents under the FERPA and this POLICY transfer to the student when the student reaches age 18 or enrolls in a post-secondary school. The student then becomes an eligible student.
Under the No Child Left Behind Act of 2001, schools receiving Title I money must release names, addresses and telephone listings to military recruiters upon request. Parents have the right to request that information not be released to military recruiters without prior written consent.
Procedure to Inspect Education Records
Parents of students and eligible students may inspect and review the student's education records upon request. In some circumstances, it may be mutually more convenient for the record custodian to provide copies of records. See the schedule of fees for copies.
Since a student's records may be maintained in several locations, the school Supervisors will offer to collect copies of records or the records themselves from locations other than a student's school, so that these records may be inspected at one site. However, if parents and eligible students wish to inspect records where they are maintained, school Supervisors will accommodate their wishes.
Parents or eligible students should submit to the student's school Supervisor a written request which identifies as precisely as possible the record or records they wish to inspect.
The Supervisor (or other custodian) will contact the parent of the student or the eligible student to discuss how access will be best arranged (copies, at the exact location, or records brought to a single site).
The Supervisor (or other custodian) will make the needed arrangements as promptly as possible and notify a parent or an eligible student of the time and place where the records may be inspected. This procedure must be completed in 45 days or less from the receipt of the request for access.
If, for any valid reason such as working hours, distance between records location sites or health, a parent or an eligible student cannot personally inspect and review a student's education records, BOCES will arrange for a parent or an eligible student to obtain copies of the records.
When the records contain information about students other than the child or the eligible student involved, a parent or an eligible student may not inspect and review the records of other students.
Directory Information
BOCES proposes to designate the following personally identifiable information contained in a student's education records as directory information, and it will disclose that information without prior written consent:
1. The student's name.
2. The student's address.
3. The student's telephone listing.
4. The student's date and place of birth.
5. The student's class designation and major field of study (e.g., first grade, tenth grade, and the like).
6. The student's participation in officially recognized activities and sports.
7. The student's degrees, achievement awards or honors.
8. The student's weight and height if a member of an athletic team.
9. Dates of attendance.
10. The student’s photograph, including video recordings.
11. The most recent educational institution attended before the student enrolled in BOCES; and
12. Electronic mail address.
Within the first three weeks of each school year, BOCES will publish in the legal section of a newspaper having general circulation in the district the above list, or a revised list, of the items of directory information it proposes to designate as directory information. For students enrolling after the notice is published, the list will be given to the student's parent or the eligible student at the time and place of enrollment.
After the parents or the eligible students have been notified, they will have two weeks to advise BOCES in writing (a letter to the school superintendent's office) of any or all of the items they refuse to permit the district to designate as directory information about that student.
At the end of the two-week period, each student's records will be appropriately marked by the records custodians to indicate the items the district will designate as directory information about that student. This designation will remain in effect until it is modified by written direction of a student's parents or an eligible student.
The district may disclose directory information about former students without following the procedures specified in this paragraph.
Use of Student Education Records
To carry out their responsibilities, school officials will have access to student education records for legitimate educational purposes. BOCES will use the following criteria to determine school officials. An official is:
1. A person duly elected to the school Board.
2. A person certified by the State and appointed by the school Board to an administrative or supervisory position.
3. A person certified by the State and under appointment to the school Board as an instructor.
4. A person employed by the school Board as a temporary substitute for administrative, supervisory or instructional personnel for the period of their performance as a substitute; or
5. A person employed by or under appointment to the school Board to perform a special task such as a secretary, a clerk, the school Board attorney or auditor for the period of that person's performance as an employee or contractor.
School officials who meet the criteria listed above will have access to student's records if they have a legitimate educational interest in doing so. A legitimate educational interest is the person's need to know in order to:
1. Perform an administrative task required in the school official’s position description approved by the school Board.
2. Perform a supervisory or instructional task directly related to the student's education; or
3. Perform a service or benefit for the student or the student's family such as health care, counseling, student job placement or student financial aid.
BOCES only will release information from or permit access to student's education records with a parent or an eligible student's prior written consent except that the school superintendent or a person designated in writing by the superintendent may permit disclosure:
1. When a student seeks or intends to enroll in another school district or in a post-secondary school. The district will not further notify parents or eligible students prior to such a transfer of records. Parents and students have a right to obtain copies of records transferred under this provision.
2. When certain Federal and State officials need information in order to audit or enforce legal conditions related to federally supported education programs in the district.
3. To parties who provide or may provide financial aid to a student to:
a. Establish the student's eligibility for the aid.
b. Determine the amount of financial aid.
c. Establish the conditions for the receipt of the financial aid.
d. Enforce the agreement between the provider and the receiver of financial aid.
4. If a state law adopted before November 19, 1974, required certain specific items of information to be disclosed in personally identifiable form from student records to State or local officials.
5. When BOCES has entered into a written agreement or contract for an organization to conduct studies on BOCES behalf to develop tests, administer student aid or improve instruction. Such study may not permit personal identifiable information of parents or students by individuals other than representatives of the organization. Such information must be destroyed when no longer needed.
6. To accrediting organizations to carry out their accrediting functions.
7. To parents of eligible students if the parents claim the student as a dependent as defined by the Internal Revenue Code.
8. To comply with a judicial order or lawfully issued subpoena. The district will make a reasonable effort to notify the student's parents or the eligible student before making a disclosure under this provision.
9. In connection with a health or safety emergency under conditions described below.
10. If the disclosure is an item of directory information and the student's parents or an eligible student has not refused to allow the district to designate that item as directory information for that student.
11. Disclosure to a parent of a student who is not an eligible student or the student.
BOCES will permit any of its officials to make the needed disclosure from student education records in a health or safety emergency if:
1. The official deems it is warranted by the seriousness of the threat to the health or safety of the student or other persons.
2. The information is necessary and needed to protect the health and safety of the student or other individuals.
3. The persons to whom the information is to be disclosed are qualified and, in a position, to deal with the emergency; and
4. Time is an important and limiting factor in dealing with the emergency. (The health or safety exception shall be strictly construed)
School district officials may release information from student's education records if the student's parents or the eligible student gives his prior written consent for the disclosure. The written consent must include at least:
1. A specification of the records to be released.
2. The reasons for the disclosure.
3. The person or the organization or the class of persons or organizations to whom the disclosure is to be made.
4. A parent or an eligible student's signature; and
5. The date of the consent and, if appropriate, a date when the consent is to be terminated.
The student's parents or the eligible student may obtain a copy of any records disclosed under this provision.
BOCES will not release information contained in student's education records, except directory information, to any third parties except its own officials, unless those parties agree that the information will not be redisclosed without the parents or eligible student's prior written consent.
Records of Requests for Access and Disclosure Made from Education Records
BOCES will maintain an accurate record of all requests for it to disclose information from or to permit access to a student's education records and of information it discloses and access it permits with some exceptions listed below. These records will be kept with, but will not be a part of, each student's Cumulative School Records. It will be available only to the record custodian, the eligible student, and the parents of the student or to Federal, State or local officials for the purpose of auditing or enforcing federally supported educational programs. The records will include at least:
1. The name of the person or agency that made the request.
2. The interest the person or agency had in the information.
3. The date the person or agency made the request; and
4. Whether the request was granted and, if it was, the date access was permitted, or the disclosure was made.
The district will maintain these records as long as it maintains the student's education records. Such records may be inspected by the parent or eligible student or the school official or that person's assistant responsible for the custody of the records.
These records will not include requests for access or access granted to parents of the student or to an eligible student, requests for access or access granted to officials of BOCES who have a legitimate educational interest in the student, requests for, or disclosure of, information contained in the student's education records if the request is accompanied by the prior written consent of a parent of the student or an eligible student or the disclosure is authorized by such prior consent, or for requests for, or disclosures of, directory information designated for that student.
Procedures to Seek to Correct Education Records
Parents of students and eligible students have a right to seek to change any part of the student's records they believe is inaccurate, misleading or in violation of the student's rights. (NOTE: Under the FERPA, the district may decline to consider a request to change the grade a teacher assigns for a course).
For the purpose of outlining the procedures to seek to correct education records, the term incorrect will be used to describe records that are inaccurate, misleading or in violation of the student's rights. The term correct will be used to describe records that are accurate, not misleading and not in violation of the student's rights. Also, in this section, the term requester will be used to describe a parent of a student or an eligible student who is asking BOCES to correct the records. To establish an orderly process to review and correct education records for a requester, the district may make a decision to comply with the request for change at several levels in the procedure.
First Level Decision - When a parent of a student or an eligible student finds an item in the student's education records which they believe is inaccurate, misleading or in violation of student rights, the parent immediately should ask the record custodian to correct it. If the records are incorrect because of an obvious error and it is a simple matter to make the record change at this level, the record custodian will make the correction. However, if the records are changed at this level, the method and result must satisfy the requester.
If the custodian cannot change the records to the requester's satisfaction or the records do not appear to be obviously incorrect, the custodian will:
1. Provide the requester a copy of the questioned records at no cost.
2. Ask the requester to initiate a written request for the change; and
3. Follow the procedure for a second level decision.
Second Level Decision - The written request to correct a student's education records through the procedure at this level should specify the correction the requester wishes the district to make. It should at least identify the item the requester believes is incorrect and state whether the requestor believes the item:
1. Is inaccurate and why.
2. Is misleading and why; or
3. Violates the student's rights and why.
The request will be dated and signed by the requester. Within two weeks after the record custodian receives a written request, the custodian will:
1. Study the request.
2. Discuss it with other school officials (the person who made the records or those who may have a professional concern about the district's response to the request).
3. Make a decision to comply or decline to comply with the request; and
4. Complete the appropriate steps to notify the requester or move the request to the next level for a decision.
If, as a result of this review and discussion, the record custodian decides the records should be corrected, the custodian will effect the change and notify the requester in writing that the change has been made. Each such notice will include an invitation for the requester to inspect and review the student's education records to make certain the records are in order and the correction is satisfactory.
If the custodian decides the records are correct, the custodian will make a written summary of any discussions with other officials and of the custodian's findings in the matter. The custodian will transmit this summary and a copy of the written request to the school superintendent.
Third Level Decision - The school superintendent will review the material provided by the record custodian and, if necessary, discuss the matter with other officials such as the school attorney or the school Board (in executive session). The superintendent will then make a decision concerning the request and complete the steps at this decision level. Ordinarily, this level of the procedure should be completed within two weeks. If it will take longer, the superintendent will notify the requester in writing of the reasons for the delay and a date when the decision will be made.
If the superintendent decides the records are incorrect and should be changed, the superintendent will advise the record custodian to make the change. The record custodian will advise the requester of the change as the custodian would if the change had been made at the second level.
If the superintendent decides the records are correct, the superintendent will prepare a letter to the requester which will include:
a. The school district decision that the records are correct and the basis for the decision.
b. A notice to the requester that the requestor has a right to ask for a hearing to present evidence that the records are incorrect and that the district will grant such a hearing.
c. Instructions for the requester to contact the superintendent, or an official designated by the superintendent, to discuss acceptable hearing officers, convenient times and a satisfactory site for the hearing. (The district will not be bound by the requester's positions on these items but will, so far as possible, arrange the hearing as the requester wishes).
d. That the requester may be represented or assisted in the hearing by other parties, including an attorney at the requester's expense.
Fourth Level Decision - After the requester has submitted (orally or in writing) that person's wishes concerning the hearing officer and the time and place for the hearing, the superintendent will, within a week, notify the requester when and where the district will hold the hearing and whom the superintendent has designated as the hearing officer. At the hearing, the hearing officer will provide the requester a full and reasonable opportunity to present material evidence and testimony to demonstrate that the questioned part of the student's education records are incorrect as shown in the requester's written request for a change in the records (second level).
Within two weeks after the close of the hearing, the hearing officer will submit to the school superintendent a written summary of the evidence submitted at the hearing. Along with the summary, the hearing officer will submit recommendations, based solely on the evidence presented at the hearing, that the records should be changed or remain unchanged.
The school superintendent will prepare the district's decision within three weeks of the hearing. That decision will be based on the summary of the evidence presented at the hearing and the hearing officer's recommendation. The district's decision will be based solely on the evidence presented at the hearing.
The superintendent may overrule the hearing officer if the superintendent believes the hearing officer's recommendation is not consistent with the evidence presented.
As a result of the district's decision, the superintendent will take one of the following actions:
1. If the decision is that the district will change the records, the superintendent will instruct the record custodian to correct the records. The record custodian will correct the records and notify the requester as at the second level decision.
2. If the decision is that the district will not change the records, the superintendent will prepare a written notice to the requester which will include:
a. BOCES decision that the records are correct and will not be changed.
b. A copy of the summary of the evidence presented at the hearing and a written statement of the reasons for the district's decision.
c. A statement advising the requester that the requestor may place an explanatory statement which states the reasons the requestor disagrees with BOCES decision or the reasons the requestor believes the records are incorrect in the student's education records.
Final Administrative Step in the Procedure - When BOCES receives an explanatory statement from a requester after a hearing; it will maintain that statement as part of the student's education records as long as it maintains the questioned part of the records. The statement will be attached to the questioned part of the records and, whenever the questioned part of the records is disclosed, the explanatory statement also will be disclosed.
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
Notice for Directory Information
The Family Educational Rights and Privacy Act (FERPA), a Federal Law, requires that BOCES, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, BOCES may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the BOCES to include this type of information from your child’s education records in certain school publications. Examples include:
• A playbill, showing your student’s role in a drama production.
• The annual yearbook.
• Honor roll or other recognition lists.
• Graduation programs; and
• Sports activity sheets, such as for wrestling, showing weight and height of team members.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class ring or publish yearbooks.
In addition, the New York State Education Law '2-1 and two federal laws require school districts receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with student names, addresses and telephone listings – unless parents have advised BOCES that they do not want their student’s information disclosed without their prior written consent.
If you do not want BOCES to disclose some or all directory information from your child’s education records without your prior written consent, you must notify the District in writing by September 30th. BOCES has designated the following information as directory information: [Note: a BOCES may, but does not have to, include all the information listed below.]
-Student's name
-Address
-Telephone Listing
-Electronic mail address
-Student's image, including video
-Date and place of birth
-Major Field of study
| -Dates of attendance
-Grade level
Participation in officially recognized activities and sports
-Weight and height of members of athletic teams
-Degrees, honors, and awards received
-The most recent educational agency or institution attended
|