File: JRA/JRC-E-1

Policy: JRA/JRC-E
Adopted:  07/25/95
Revised:  11/09/99
Revised:  06/25/05

 

 

Student Records/Release of Information on Students
(Notification to Parents and Students of Rights Concerning Student School Records)

 

The Family Educational Rights and Privacy Act (“FERPA”) and Colorado law afford parents/guardians (“parents”) and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records, as follows:

 

1.                  The right to inspect and review the student’s education records within 3 days of the district receiving a request for access.

 

A parent or eligible student making such a request must submit to the school principal or appropriate school official a written request that identifies their record(s) they wish to inspect.  The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

 

2.                  The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading or otherwise violates the privacy rights of the student.

 

A parent or eligible student may ask the district to amend a record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student by writing to the school principal (or appropriate school official) clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the student.

 

If the principal decides not to amend the record as requested, the principal will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

 

3.                  The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA and state law authorize disclosure without consent.  Disclosure of personally identifiable information can be made without consent to the following:

 

 

a.                   School officials with a legitimate need to review an education record in order to fulfill their professional responsibilities.  This may include the disclosure of disciplinary information regarding conduct that posed a significant risk to the safety or will being of the student or others.  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 person serving on 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.

 

b.                  Officials of another school or school system in which the student seeks or intends to enroll.  In this case, disciplinary information may be included.  The district will make a reasonable attempt to notify the student’s parents prior to the disclosure of information and will provide the parent with a copy of the record if so requested.

 

c.                   Authorities named in FERPA and accompanying federal regulations, including comptroller general of the United States, secretary of education and state educational authorities.

 

d.                  Anyone offering financial aid to the students.

 

e.                   State and local officials who are required to get specific information pursuant to state law if the disclosure concerns the juvenile justice system and the system’s ability to effectively serve the student whose records are released.  If the state statute was enacted after November 19, 1974 the officials must certify in writing that the information will not be disclosed to any other person, except as provided by state law, without prior written consent of the parent.

 

f.                    Educational testing and research organizations for the purpose of administering student aid programs or improving instruction or predictive tests as long as confidentiality is maintained and such organizations are required to destroy records after they not longer are needed.

 

g.                   Accrediting institutions.

 

h.                   In emergency situations to appropriate persons if the information is necessary to protect the health and safety of the student or others.

 

i.                     Anyone if required by a court order or subpoena.  However, where the subpoena is issued by a federal grand jury, the district will make reasonable efforts to notify the parent or eligible student prior to complying with the subpoena or court order.

 

j.                    Parties to litigation if the district initiates legal action against a parent or student.  The district will make reasonable efforts to notify the parent or eligible student in advance of the disclosure.

 

The school district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student.

 

4.                  The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA.  The name and address of the office that administers FERPA is:

 

Family Policy Compliance Office, U.S. Department of Education,

400 Maryland Avenue, SW, Washington, DC 20202-4605

 

5.                  The right to refuse to permit the designation of any or all of the categories of directory information.

 

The district is permitted by law to disclose directory information without written consent of the parent or eligible student.  The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no late than September 7 or the following Monday if September 7 is a Saturday or Sunday.

 

Directory information which may be released may include the student’s name, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent and previous education agency or institution attended by the student, and other similar information.  Student telephone numbers and addresses will not be disclosed pursuant to Colorado law.

 

6.                  The right to request that information not be provided to military recruiting officers.

 

Names, addresses and home telephone numbers of secondary school students will be released to military recruiting officers within 90 days of the request unless a student submits a written request that such information not be released.

 

 

Note: This notice must be distributed to parents and eligible students annually.

 

 

Parent Opt-Out Form for Information to Military Recruiters

 

    Do not disclose my child’s name, address, telephone number or directory information to any United States military recruiters.

 

      Parent/Guardian or eligible student

 

      Signature:  _____________________________________

 

      Student’s Name:  ________________________________

 

      Date:  _________________________________________

 

 

Note:

 

This notice (JRA/JRC-E) must be distributed to parents and eligible students annually.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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