Procedure for 3231 Student Records

Student records shall be managed by the district records custodian in the following manner:

Type of Records

Student records shall be divided into two categories: the cumulative folder and supplementary records.

The cumulative folder may contain all information about a student which is collected and maintained on a routine basis, such as identifying information (name, birth date, sex, year in school, address, telephone number, parent's name, ethnic classification, emergency information [parent's place of employment, family doctor, babysitter, siblings]); attendance records including date of entry and withdrawal; grades and other student progress reports; results of tests of school achievement, aptitude, interests, hearing and vision; health and immunization status reports; records of school accomplishments and participation in school activities; verified reports of misconduct, including a record of disciplinary action taken; and such other information as shall enable staff to counsel with students and plan appropriate activities. Identifying information may be limited if the student is a participant in the state Address Confidentiality Program.

Supplementary records about a student may be collected and maintained in connection with special school concerns about the student, such as reports connected with assessment and placement of student who is formally identified as a “focus of concern;” reports from nonschool persons and organizations such as physicians, psychologists and clinics, except for general screening purposes; reports pertaining to specific problems associated with the student; and current reports of psychological tests and progress reports related to a student's disabling condition. All such reports included in records shall be dated and signed.

For the purpose of this procedure, working notes of staff are defined as those records about students, which are maintained in the sole possession of the writer and are not accessible or revealed to any other person except a substitute for that staff member. Working notes are not considered student records within the purview of this procedure.

Accessibility of Student Records

Information contained in the cumulative folder and/or supplementary records shall be provided to persons and agencies as follows:

Parents
Parents of dependent children have the right to inspect the cumulative folder and/or supplementary records of their children.

A.    The parent shall be provided analysis and interpretation by qualified staff of all information in the cumulative folder and supplementary records. This action may be initiated by the parent or a staff member. The review shall occur within 5 school business days after a request is received unless a written explanation for the failure to do so is supplied by the custodian of records. In no case shall the review occur later than 45 days after the request is made.

B.     Inspection and review shall be conducted during normal working hours, unless the custodian (teacher, counselor, nurse, psychologist, principal) consents to other arrangements. Custodians shall provide assistance in the interpretation and analysis of student records as needed. Although records must remain within district control, they may be copied or reproduced by or for the parent or eligible student at their own expense.

The Student
Information from the cumulative folder shall be interpreted to the student upon his/her request. Information contained in supplementary records shall be interpreted to the student upon his/her request and with the consent of the parent. A student who is age (18) or older (“adult/student”) may inspect his/her cumulative folder and supplementary records. The right of access granted the parent or adult student includes the right to be provided a list of the types of student-related education records maintained by the school and the district. The parent and adult student shall have the right to inspect or to be informed of the content of any record containing personally identifiable information regarding more than one student, provided that the right to access shall apply only to that portion of the record or document, which relates to the student. Upon graduation from high school, a student may request to receive a final transcript in addition to the diploma.

Staff
School officials, including administrators and certificated employees, who have a legitimate educational interest in a student may have access to the cumulative folder and any supplementary records.  In addition, a contractor, consultant, or other party to whom the district has outsourced services or functions will be considered a school official under this procedure provided that the outside party (1) performs an institutional service or function for which the district would otherwise use employees; (2) is under the direct control of the district with respect to the use and maintenance of education records; and (3) agrees not to disclose the personally identifiable information from education records.

Other Districts and Schools
A grade report, transcript, or diploma shall not be released until a student has made restitution for damages assessed as a result of losing or damaging school materials or equipment. 

Other school districts and schools shall be provided with copies of records upon official request from the district or private school unless the student has an outstanding fee or fine. Cumulative files need to be retained for three years. In those instances, the enrolling school shall be provided with copies of records regarding the student's academic performance, special placement, immunization history, disciplinary action, and behavior listed in RCW 13.04.155 within two school days, but the official transcript shall be withheld until the fee or fine is discharged. The enrolling school district shall be notified that the transcript is being withheld due to an outstanding fee or fine. If the official transcript is not sent due to unpaid damages, fines, or fees, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate. 

At the time of transfer of the records, the parent or adult student may receive a copy of the records at his/her expense if requested and shall have an opportunity to challenge the contents of the records. Parents shall be advised through the annual Student Rights and Responsibilities Handbook that student records shall be released to another school where the student has enrolled or intends to enroll.

Other Persons and Organization
Information contained in the cumulative folder and supplementary records of a student shall be released to persons and organizations other than the student, parent, staff and other districts or schools only with the written consent of the parent or adult student with the following exceptions or where otherwise allowed by law:

A.    Directory information may be released publicly without consent upon the condition that the parent or adult student be notified annually of the school's intention to release such information and be provided the opportunity to indicate that such information is not to be released without prior consent. Such information shall not be released for commercial reasons. Directory information is defined as the student's name, photograph, date and place of birth, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, diplomas and awards received and the most recent previous school attended. The actual residential addresses of participants in the state Address Confidentiality Program will not be available for release as directory information. Directory information shall not be released for commercial, research, or solicitation purposes, unless in accordance with the procedures described further below.

a.     Procedures for Release of Directory Information

i.     Non-District persons or agencies who meet specific criteria may receive Directory Information of students if:

1.      They are engaged in cooperative activities that directly serve or provide operational support for the school or program, provided:

a.     No Directory Information shall be provided of students whose parents have declined to have such information released.

b.     Disclosure of Directory Information shall be authorized only by school principal or program manager with due consideration given to other provisions contained in this section.

c.      Disclosure of Directory Information shall be limited to only that information deemed necessary to accomplish the planned project.

2.     Their purpose is to inform students and/or parents of students of educational, training, or career opportunities provided:

a.     No student’s name shall be listed whose parents have declined to have Directory Information released.

b.     Directory Information will not be used for commercial purposes.

c.      Production of the requested Directory Information can be accomplished without deferring or displacing any other needed District service.

d.     The person or agency receiving Directory Information shall reimburse the District for all costs attendant to its production, as estimated by the District prior to production.

e.      The person or agency requesting Directory Information shall provide information or exhibits demonstrating that:

                                                                                              i.      The opportunities to be announced or information to be provided have significant merit and will be of interest to a significant portion of the target population, and

ii.     Personal contact by mail, telephone or in person, with the target population will result in a minimum invasion of privacy, and

iii.      The Directory Information provided will not be shared with any other person or agency, will not be used for other than the purpose stated in the request, and will be destroyed when no longer of use--or prior to a designated date which, in no case, shall be more than one year from the date of issuance, and

iv.     Any information or literature to be sent to students and/or parents shall be factual, straightforward, and free of misrepresentation.

f.      The Executive Director for Teaching and Learning shall be:

i.     The authority for issuing Directory Information to non-District persons or agencies for the purpose of disseminating educational, training, or career information                                 

ii.     Empowered to waive requirements (c) and (d) above, if

1.     the planned project has exceptional merit and will positively benefit the subject students and/or parents or the District to the degree that it could be considered a worthy District project;

2.     Their purpose is to provide students and parents of students with useful information or to inform them of opportunities not related to education, training or careers, provided:

a.     The information to be disseminated shall not espouse a particular philosophical, religious, political, economic or social point of view, and

b.     The proposed project shall be a reasonable and proper activity for the District to support and shall warrant the allocation of public resources required to provide the requested Directory Information, and

c.       Disclosure is not for commercial purposes, i.e., a primary purpose for using Directory Information is to sell or advertise a product or service for financial gain;

3.     Their purpose is to conduct research of a target population, provided the research project receives District approval in accordance with District guidelines for research projects; or

4.     They are, conducting an official investigation of District operations, provided:

a.     Such disclosure is in accordance with the advice of the District general counsel, and

b.     Final authority for disclosing Directory Information shall be reserved to the Superintendent.

g.     In all other cases, the Superintendent or designee shall determine whether Directory Information is to be disclosed, based upon principles inherent or implied in the foregoing procedure.

B.     Information may be released to authorized representatives of the comptroller general of the United States, the commissioner of education, and/or an administrative head of an education agency or state education authorities in connection with the audit and evaluation of federally supported education programs or in connection with the enforcement of the federal legal requirements for such programs.

C.    Information may be released to state and local officials to whom such information is specifically required to be reported or disclosed pursuant to Washington state statute (examples: reporting child abuse or referrals to juvenile court for truancy).

D.    Information may be released to organizations conducting studies for educational agencies for the purpose of developing, validating or administering predictive tests or improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than the representatives of such organizations and if such information shall be destroyed when no longer needed for the purpose for which it has been gathered.

E.     Information may be released in compliance with a judicial order or lawfully issued subpoena, upon condition that a reasonable effort was made to notify the parent or adult student in advance of such compliance.

F.     Information may be released to appropriate persons and agencies in connection with an emergency to protect the health or safety of the student or other persons. When information from a student's record, other than directory information, is released to any person or organization other than staff, a record of such release shall be maintained as part of the specific record involved. Telephone requests for information about students shall not be honored unless the identity of the caller is known and the caller is authorized to receive the information under provisions of these procedures. A record shall be made of any such release of information and placed in the student's cumulative folder. This record of access shall include date of access, name of the party granted access and the legitimate educational interest of the party granted access. (Form: Record of Access to Student Records)

G.    With a signed and dated release from the student, a high school student may authorize the district to permit prospective employers to review the student's transcript.

Challenges and Hearings

At the time of inspection and review, the parent or adult student granted access to records may challenge any record directly related to the student and may demand correction or deletion of the record. Custodians (teacher, counselor, nurse, psychologist) may honor such demands by correcting or deleting records which are misleading, inaccurate, or violate the student's right to privacy, provided that the senior custodian (principal or department head) concurs.

If the demanded correction or deletion is denied by the senior custodian, the parent or adult student may request an informal hearing before the superintendent or designee, which hearing shall be held within 10 school days of the receipt of such request. During the hearing the superintendent or designee shall review the facts as presented by the parent or adult student and the custodian and decide whether or not to order the demanded correction or deletion. The superintendent shall send his/her written decision to the parent or adult student within 10 school days of the hearing.

Upon denial of correction or deletion by the superintendent or designee, the parent or adult student may request in writing a hearing before the board, which hearing shall be conducted at its next regular meeting. During such hearing, which shall be closed to the public, the board shall review the facts as presented by the parent or adult student and senior custodian and decide whether to order the demanded correction or deletion. The board shall send its written decision to the parent or adult student within 10 school days of the hearing.

Parents or adult students challenging the appropriateness and accuracy of student records may attach a written explanation of their objections to such records.

Maintenance of Student Records

Records custodians will use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests.  The district records custodian shall provide overall supervision of student records management and control and shall enforce the student records policy and the administrative procedures.

The student's principal, counselor or teacher shall be the custodian of the cumulative folder. The principal or the student's counselor shall be the custodian of the supplementary records. Duplicate copies of all guidance case study reports and reports from nonschool agencies contained in a student's supplementary record may be maintained in the district office under the supervision of the superintendent or designee.

Records custodians shall:

A.    Maintain only those records authorized by these procedures;

B.     Safeguard student records from unauthorized access, use and disposition;

C.    Maintain access records;

D.    Honor access requests from the parent or adult student;

E.     Delete or correct records upon approval of the senior custodian or upon order of the superintendent or the board; and

F.     Follow the records review schedule and procedures established by the senior custodian.

Senior records custodians may assume the duties of records custodians and shall:

A.    Request student records from other schools;

B.     Maintain security of student records;

C.    Transfer, destroy and expunge records as allowed by law, policy and procedure;

D.    Supervise activities of their custodians;

E.     Conduct informal hearings and grant or deny approval of corrections or deletions requested by parents or adult students;

F.     Establish records review schedules and procedures for their respective schools or departments in accordance with procedures governing records disposition (Psychological test scores shall be reviewed annually to determine their relevance to the continuing educational needs of the student.);

G.    Upon transfer of the student to the next level (elementary to middle school, middle school to high school) or upon graduation or transfer outside the district, remove for retention, preservation or destruction in accordance with applicable disposition procedures any records no longer pertinent to educational program placement; and

H.    Certify to the district records custodian by June 30 of each year the following:

1.     Only records pertinent to educational program placement are being maintained, unless otherwise required or authorized by law, and

2.     Required reviews have been accomplished.

Disposition of Student Records

The permanent student record shall serve as the record of the student's school history and academic achievement. Permanent records filed in the student's cumulative folder are to be extracted and retained before disposition of the folder.  The district shall retain the student’s permanent record for 100 years from the date of the student's graduation or withdrawal from the district. 

All other records shall be maintained for the period of time prescribed by the Secretary of State's School District Records Retention Schedule.

Pursuant to WAC 392-172A-05235, before the destruction of special education records, a notice must be sent to the last known address of the parent/legal guardian/adult student. 

Large Scale Destruction of Student Records

After exercising care in accordance with that contained in the previous section (Disposition of Student Records), the senior custodian shall bundle all records and send them to the district office. Each bundle shall be plainly marked: “Student Records--for Destruction,” dated and signed by the senior custodian. A summary sheet shall be completed and retained in the office. The sheet shall indicate: “As of this date, I have determined that the following records may be destroyed in accordance with district and state requirements and have submitted them for destruction.” The summary sheet shall be dated and signed by the senior custodian.

 

First enacted:  03.19.13

Stanwood-Camano School District

Revised: 03.05.13; 02.09.18; 3.23.21