5500 Student Records

(This policy replaces previously approved Board of Education Policy #5125)

The Board of Education recognizes its legal responsibility to maintain the confidentiality of student records. The procedures for ensuring the confidentiality of student records shall be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations.

For the purpose of this policy, education records are defined as those records, files, documents, and other materials which contain information directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution and does not include a) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker and are not accessible or revealed to anyone except a substitute; (b) records of the District's law enforcement unit; and (c) records of treatment created or maintained by a physician, psychiatrist, psychologist, or other professional.

The Board also recognizes its responsibility to ensure the orderly retention and disposition of the District’s student records in accordance with Schedule ED-1 as adopted by the Board in policy 1120.

The Superintendent of Schools shall be responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the District.

Annual Notification

At the beginning of each school year, the District will publish a notification that informs parents, guardians and eligible students currently in attendance of their rights under FERPA and the procedures for exercising those rights. This notice may be published in a newspaper, handbook or other school bulletin or publication. This notice will also be provided to parents, guardians, and eligible students who enroll during the school year.

The notice will include a statement that the parent/guardian or eligible student has a right to:

1. Inspect and review the student’s education records;
2. Request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
3. Consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and
4. File a complaint with the United States Department of Education alleging failure of the District to comply with FERPA and its regulations.

In addition, the annual notice will inform parents/guardians and eligible students:

1. That it is the District’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the District whom the District has determined to have legitimate educational interests. For purposes of this policy, a school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel; a member of the Board of Education; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review a student record in order to fulfill her or her professional responsibilities.
    
2. That, upon request, the District will disclose education records without consent to officials of another school district in which a student seeks or intends to enroll.
    
3. That, upon request, the District will disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning unless the parents or eligible student exercise their right to prohibit release of the information without prior written consent of the procedure for exercising the right to inspect, review and request amendment of student records.

The District will provide translations of this notice, where necessary, to parents, guardians and eligible students in their native language or dominant mode of communication.

Directory Information

The District has the option under FERPA of designating certain categories of student information as “directory information.” The Board directs that “directory information” include a student’s name, address and telephone number.

Once the proper FERPA notification is given by the District, a parent/guardian or eligible student will have 14 days to notify the District of any objections they have to any of the “directory information” designations. If no objection is received, the district may release this information without prior approval of the parent/guardian or eligible student for the release.

The District may elect to provide a single notice regarding both directory information and information disclosed to military recruiters. The notice will normally be in the District’s Annual Calendar, which is mailed home to all household. A copy of the directory information opt –out form will be available on the District’s Web site at www.bufsd.org .

Cross-ref: 1120, School District Records
4321, Programs for Students with Disabilities Under IDEA and Part 89
5550, Student Privacy

Ref: Family Educational Rights and Privacy Act, 20 USC 1232g; 34 CFR Part 99
No Child Left Behind Act, 20 USC §7908
10 USC §503 as amended by §544 of the National Defense Reauthorization Act for FY 2002
Education Law § 225
Public Officers Law §87(2)(a)
Arts and Cultural Affairs Law, Article 57-A (Local Government Records Law)
8 NYCRR 185.12 (Appendix I) Records Retention and Disposition, Schedule ED-1 for Use by School Districts and BOCES

 

Approved by the Board of Education: 2/25/10
 

Download the Student Records PDF