Attachment to the Superintendent's Response - po8330

Look at how many times and to whom, "the Board can..." disclose your student's information.   And they complained in the last Board meeting of how thick the Code was for public schools to follow, while the charter schools got away with a Code that was less than 1/5th the size.  Hmmm... maybe it's all the additional publications they create that frankly parents don't know about?   

Book
Policy Manual
Section
8000 Operations
Title
STUDENT RECORDS
Code
po8330
Status
Active
Adopted
January 15, 1991
Last Revised
January 19, 2021
8330 -
STUDENT RECORDS
In order to provide appropriate educational services and programming, the School Board must collect, retain, and use informationabout individual students. Simultaneously, the Board recognizes the need to safeguard student's privacy and restrict access tostudent’s personally identifiable information.
Student "personally identifiable information" ("PII") includes, but is not limited to: the student's name; the name of the student'sparent or other family members; the address of the student or student's family; a personal identifier, such as the student's socialsecurity number, student number, or biometric record; other indirect identifiers, such as the student's date of birth, place of birth,and mother's maiden name; other information that, alone or in combination, is linked or linkable to a specific student that wouldallow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identifythe student with reasonable certainty; or information requested by a person whom the School Corporation reasonably believesknows the identity of the student to whom the education record relates.
A social security number of a student contained in the records of the Corporation may be disclosed if the record is specificallyrequired by a State or a Federal Statute or is ordered by a court under the rules of discovery.
PII concerning students shall be protected against theft, unauthorized access, alteration, disclosure, misuse, or invasion of privacy.Unless specifically authorized by the Superintendent or produced pursuant to a request under the Indiana Access to Public RecordsAct, PII concerning students shall not be left unprotected, shared or transferred from Corporation records to any place not within thecontrol of the Corporation. This includes any laptop computer or portable storage medium.
The Board is responsible for maintaining records of all students attending schools in this Corporation. In addition to recordsmandated by the Federal Government, the State of Indiana requires that the Corporation record or include in the official high schooltranscript for each high school student the following information:
A.
attendance records
B.
the students' latest State standardized test results
C.
any secondary level and postsecondary level certificates of achievement earned by the student
D.
immunization information from the student’s immunization record
E.
any dual credit courses taken that are included in the core transfer library under I.C. 21-42-5-4
F.
a functional workplace Spanish designation on the student’s transcript if the student successfully completed a Spanishlanguage course that meets the requirements of I.C. 20-32-4-12(b)
The Board also authorizes the collection of other student information including, but not limited to:
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A.
observations and ratings of individual students by professional staff members acting within their sphere of competency;
B.
samples of student work;
C.
information obtained from professionally acceptable standard instruments of measurement such as:
1.
interest inventories and aptitude tests,
2.
vocational preference inventories,
3.
achievement tests,
4.
standardized intelligence test;
D.
verified reports of serious or recurrent behavior patterns;
E.
rank in class and academic honors earned;
F.
psychological tests;
G.
custodial arrangements.
In all cases, permitted, narrative information in student records shall be objectively-based on the personal observation or knowledgeof the originator.
Student records shall be available only to students and their parents, eligible students, designated school officials, and designatedschool personnel, who have a legitimate educational interest in the information, or to other individuals or organizations as permittedby law.
The term "parents" includes legal guardians or other persons standing in loco parentis (such as a grandparent or stepparent withwhom the child lives, or a person who is legally responsible for the welfare of the child). The term "eligible student" includes anystudent who is eighteen (18) years of age or older, or who is enrolled in a postsecondary institution regardless of his/her age.
In situations in which a student has both a custodial and a noncustodial parent, both shall have access to the student's educationalrecords unless stated otherwise by court order. In the case of an eligible student, that is a student who is eighteen (18) years of ageor older, parents will be allowed access to the records without the student's consent, provided the student is considered a dependentunder Section 152 of the Internal Revenue Code.
A "school official" is a person employed by the Board as an administrator, supervisor, teacher/instructor (including substitutes),school psychologist, therapist, or support staff member (including health or medical staff and law enforcement unit personnel); and aperson serving on the Board. The Board further designates the following individuals and entities as "school officials" for purposes ofFERPA:
A.
persons or companies with whom the Board has contracted to perform a specific task (such as an attorney, auditor, insurancerepresentative, or medical consultant);
B.
school psychologists, whether employed by a special education cooperative, interlocal, joint services organization, or anoutside contractor, for purposes of the referral, evaluation, and identification of students suspected to have a disability;
C.
contractors, consultants, volunteers or other parties to whom the Board has outsourced a service or function otherwiseperformed by Board employees (e.g. a therapist, authorized information technology (IT) staff, and approved onlineeducational service providers).
The above-identified outside parties must (a) perform institutional services or functions for which the Board would otherwise use itsemployees, (b) be under the direct control of the Board with respect to the use and maintenance of education records, and (c) besubject to the requirements of 34 C.F.R. 99.33(a) governing the use and re-disclosure of PII from education records.
Finally, a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting anotherschool official in performing his/her tasks (including volunteers) is also considered a "school official" for purposes of FERPA provideds/he meets the above-referenced criteria applicable to other outside parties. "Designated school personnel" may include but is notlimited to employees or agents of an insurance carrier providing a defense to the Corporation or its employees or agents andCorporation legal counsel.
In the case of a health or safety emergency, "appropriate officials" include local or State law enforcement officials, Department ofChild Services (DCS) officials, trained medical personnel, and school administrators whose knowledge of PII in a student's education
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records is necessary to protect the health or safety of students or other persons on Corporation property. The term "schooladministrator" includes a principal, an assistant principal, a superintendent, and an assistant superintendent.
"Legitimate educational interest" shall be defined as a "direct or delegated responsibility for helping the student achieve one (1) ormore of the educational goals of the Corporation" or if the record is necessary in order for the designated school personnel official toperform an administrative, supervisory or instructional task for the Corporation or to perform a service or benefit for the student orthe student’s family or to provide a defense to the Corporation with respect to any of these tasks. The Board directs that reasonableand appropriate methods (including but not limited to physical and/or technological access controls) are utilized to control access tostudent records and to make certain that school officials obtain access to only those education records in which they have alegitimate educational interest.
The Board authorizes the administration to:
A.
forward student records including disciplinary records with respect to suspensions and expulsions upon request to a private orpublic school or school corporation in which a student of this Corporation seeks or intends to enroll, or is instructed to enroll,on a full-time or part-time basis, upon condition that:
1.
a reasonable attempt is made to notify the student's parent or eligible student of the transfer (unless the disclosure isinitiated by the parent or eligible student; or the Board's annual notification – Form 8330 F9 - includes a notice thatthe Board will forward education records to other agencies or institutions that have requested the records and in whichthe student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to thestudent's enrollment or transfer);
2.
the parent or eligible student, upon request, receives a copy of the record; and
3.
the parent or eligible student, upon request, has an opportunity for a hearing to challenge the content of the record;
B.
forward student records, including disciplinary records with respect to suspensions and expulsions, upon request to a publicschool or school corporation in which a student in foster care is enrolled. Such records shall be transferred within one (1)school day of the enrolling school’s request.
C.
provide, disclose, or report on the education records of a student, including PII contained in the education records, withoutthe consent of the student's parent or eligible student, to appropriate officials and the parents of an eligible student whoseknowledge of the information is necessary to protect the health or safety of the student or other individuals if schooladministrators determine there is an articulable and significant threat to the health or safety of a student or other individuals,considering the totality of the circumstances;
Information concerning any suspicious activity or potential criminal activity related to a child that is shared between a lawenforcement officer and the Corporation or an appropriate official shall not be stored or maintained in any type of database.
D.
request each person or party requesting access to a student's record to abide by the Federal and State regulations concerningthe disclosure of information to a third party;
E.
report a crime committed by a child to appropriate authorities, and, with respect to reporting a crime committed by a studentwith a disability, to transmit copies of the student's special education and disciplinary records to the authorities for theirconsideration;
F.
disclose personally identifiable information from education records, without consent, to organizations conducting studies "for,or on behalf of" the Corporation for purposes of developing, validating or administering predictive tests, administering studentaid programs, or improving instruction;
Information disclosed under this exception must be protected so that students and parents cannot be personally identified byanyone other than representative(s) of the organization conducting the study, and must be destroyed when no longer neededfor the study. In order to release information under this provision, the Corporation will enter into a written agreement withthe recipient organization that specifies the purpose of the study. (See Form 8330 F14) Further, the following personallyidentifiable information will not be disclosed to any entity: a student or his/her family member's social security number(s);religion; political party affiliation; voting history; or biometric information.
G.
disclose personally identifiable information from education records without consent, to authorized representatives of theComptroller General, the Attorney General, and the Secretary of Education, as well as state and local educational authorities;
The disclosed records must be used to audit or evaluate a federal- or state-supported education program or to enforce orcomply with federal requirements related to those education programs. A written agreement between the parties is requiredunder this exception (see Form 8330 F16).
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The Corporation will verify that the authorized representative complies with FERPA regulations.
H.
disclose or report educational records to a State or local juvenile agency when the disclosure or reporting relates to the abilityof the juvenile justice system to serve, before adjudication, the student whose records are being released; and the juvenilejustice agency receiving the information certifies, in writing, that the agency or individual receiving the information hasagreed not to disclose it to a third party, other than other juvenile justice agency, without the consent of the child's parent,guardian, or custodian.
A disclosure or reporting of educational records concerning a child who has been adjudicated as a delinquent child shall betreated as related to the ability of the juvenile justice system to serve the child before adjudication if the agency providesdocumentation to the Corporation that the agency seeks the information in order to identify and intervene with the child as ajuvenile at risk of delinquency rather than to obtain information solely related to the supervision of the child as an adjudicateddelinquent child.
The juvenile court may grant a school access to all or a portion of the juvenile court records of a child who is a student at the schoolif the Superintendent submits a written request establishing that the juvenile court records are necessary for the school to serve theeducational needs of the child whose records are requested or to protect the safety or health of a student, an employee, or avolunteer at the school.
The school shall keep the records confidential. However, the confidentiality order does not prohibit the school from forwarding thejuvenile records to another school or a person if a parent, guardian, or custodian of the child consents to the release of the juvenilecourt records to the person.
The Corporation will comply with a legitimate request for access to a student's records within a reasonable period of time but notmore than forty-five (45) days after receiving the request or within such shorter period as may be applicable to students withdisabilities. Upon the request of the viewer, a record shall be reproduced, unless said record is copyrighted, and the viewer may becharged a fee equivalent to the cost of handling and reproduction. Based upon reasonable requests, viewers of education records willreceive explanation and interpretation of the records.
The Corporation shall maintain a record of those persons to whom information about a student has been disclosed. Such disclosurerecords will indicate the student, person viewing the record, information disclosed, date of disclosure and date parental/eligiblestudent consent was obtained (if required).
Only "directory information" regarding a student shall be released to any person or party, other than the student or his/her parent,without the written consent of the parent; or, if the student is an eligible student, the written consent of the student, except thosepersons or parties stipulated by the Corporation's policy and administrative guidelines and/or those specified in the law.
DIRECTORY INFORMATION
Each year, the Superintendent shall provide public notice to students and their parents of the Corporation's intent to make available,upon request, certain information known as "directory information". The Board designates as student "directory information": astudent's name; address; telephone number; date and place of birth; photograph; major field of study; grade level; participation inofficially recognized activities and sports; height and weight, if a member of an athletic team; dates of attendance; date ofgraduation; type of diploma awarded; awards received; honor rolls; or scholarships.
Directory information shall not be provided to any organization for profit-making purposes. The Superintendent may allow access toa school campus or give students' directory information to organizations that make students aware of educational or occupationaloptions.
In accordance with Federal law, the Board shall comply with FERPA when releasing students' information to a recruiting officer forany branch of the United States Armed Forces or an institution of higher education who requests such information.
Parents and eligible students may refuse to allow the Corporation to disclose any or all of such "directory information" upon writtennotification to the Corporation within ten (10) days after receipt of the Superintendent’s annual public notice.
Whenever consent of the parent(s)/eligible student is required for the inspection and/or release of a student's health or educationrecords or for the release of directory information, either parent may provide such consent unless specifically stated otherwise bycourt order.
The Corporation may disclose "directory information" on former students without consent of the parent(s)/eligible student unless theparent or eligible student previously submitted a request that such information not be disclosed without their prior written consent.
Student Mental and Behavioral Health Services Records
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Student Mental and Behavioral Health Services (SMBHS) records are documents relating to mental health or behavioral healthservices provided to students by 1) a provider certified or licensed by the State to provide mental or behavioral health services whois contracted or employed by the Corporation or a special education cooperative of which the Corporation is a member or 2) acommunity mental health center established under State law with whom the Corporation or a special education cooperative of whichthe Corporation is a member has entered into a memorandum of understanding. SBMHS records include but are not limited tomental health records, reports, notes, diagnosis(es) and/or appointments relating to a student who was referredby Corporation officials to receive mental or behavioral health services pursuant to State law or under a memorandum ofunderstanding between the Corporation and a community mental health center established under State law or a provider certified orlicensed by the state to provide mental or behavioral health services to students. SMBHS records are to be considered medicalrecords and are confidential. SMBHS records that include any reports, notes, diagnosis(es) or appointments that result from astudent's participation in any treatment relating to mental or behavioral health services provided by a community mental healthcenter or appropriate provider that is contracted and paid for by the Corporation or a special education cooperative of which theCorporation is a member shall not be maintained in a student's permanent educational file/cumulative file. SMBHS records kept by aprovider employed or contracted by the Corporation or a special education cooperative of which the Corporation is a member shall bemaintained in separate student folders in a secured file under the control of the provider. Sharing of any reports or notes resultingfrom a conference with the student and the student's parent to address the student's potential need for and benefit from mental orbehavioral health services with other Corporation officials is strictly prohibited.
Disclosure of Lists of Students for Political or Commercial Purposes
It is the policy of the Board not to release the lists of students for commercial or political purposes. This policy shall be equallyapplied to similarly situated organizations and persons. (I.C. 5-14-3-3(f))
Inspection of Information Collection Instrument
The parent of a student or an eligible student has the right to inspect upon request any instrument used in the collection of personalinformation before the instrument is administered or distributed to a student. Personal information for this section is defined asindividually identifiable information including a student or parent's first and last name, a home or other physical address (includingstreet name and the name of the city or town), a telephone number, or a Social Security identification number. In order to review theinstrument, the parent or eligible student must submit a written request to the building principal at least ten (10) business daysbefore the scheduled date of the activity. The instrument will be provided to the parent or eligible student within ten (10) businessdays of the principal receiving the request.
The Superintendent shall directly notify the parent(s) of a student and eligible students, at least annually at the beginning of theschool year, of the specific or approximate dates during the school year when such activities are scheduled or expected to bescheduled.
This section does not apply to the collection, disclosure, or use of personal information collected from students for the exclusivepurpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, suchas the following:
A.
college or other postsecondary education recruitment, or military recruitment
B.
book clubs, magazine, and programs providing access to low-cost literary products
C.
curriculum and instructional materials used by elementary and secondary schools
D.
tests and assessments used by elementary and secondary schools to provide cognitive, evaluative, diagnostic, clinical,aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securingsuch tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests andassessments
E.
the sale by students of products or services to raise funds for school-related or education-related activities
F.
student recognition programs
The Superintendent shall prepare procedures to ensure that students and parents are adequately informed each year regarding theirrights to:
A.
inspect and review the student's education records;
B.
request amendments if the record is inaccurate, misleading, or otherwise in violation of the student's privacy rights;
C.
consent to disclosures of personally-identifiable information contained in the student's education records, except disclosuresallowed without parental consent;
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D.
challenge Board noncompliance with a parent’s request to amend the records through a hearing;
E.
file a complaint of Corporation noncompliance with the United States Department of Education;
F.
obtain a copy of the Corporation's policy and administrative guidelines on student records.
The Superintendent also shall develop procedural guidelines for:
A.
the proper storage and retention of records including a list of the type and location of records;
B.
informing Corporation employees of the Federal and State laws concerning student records.
The Board authorizes the use of the microfilm process or electromagnetic processes of reproduction for the recording, filing,maintaining, and preserving of records.
No liability shall attach to any member, officer, or employee of this Corporation specifically as a consequence of permitting access orfurnishing students' records in accordance with this policy and administrative guidelines.
Any entity receiving personally identifiable information pursuant to a study, audit, evaluation or enforcement/compliance activitymust comply with all FERPA regulations. Further, such an entity must enter into a written contract with the Board delineating itsresponsibilities in safeguarding the disclosed information. Specifically, the entity must demonstrate the existence of a sound datasecurity plan or data stewardship program, and must also provide assurances that the personally identifiable information will not beredisclosed without prior authorization from the Board. Further, the entity conducting the study, audit, evaluation, orenforcement/compliance activity is required to destroy the disclosed information once it is no longer needed or when the time framefor the activity has ended, as specified in its written agreement with the Board. See Form 8330 F14 and Form 8330 F16 for additionalcontract requirements.
Address Confidentiality Program
If a parent (or adult student) presents information to the Corporation certifying that the parent (or adult student), his/her child, or amember of the parent’s household is a participant in the Address Confidentiality Program administered by the State AttorneyGeneral, the Corporation shall refrain from including the student’s actual/confidential residential address in any student records orfiles (including electronic records and files) or disclosing the student’s actual/confidential residential address when releasing studentrecords. Because student records are available to non-custodial parents, designated school officials who have a legitimateeducational interest in the information, and other individuals or organizations as permitted by law (including the public in somesituations), the Corporation shall list only the address designated by the Attorney General’s Office to serve as the student’s addressin any student records or files, including electronic records and files. Further, the Corporation shall use the student’s designatedaddress for any and all communications and correspondence between the Board or Corporation employees and the parent(s) of thestudent (or adult student). The student’s actual/confidential residential address shall be maintained in a separate confidential file thatis not accessible to the public or any employees without a legitimate purpose.
The intentional disclosure of the student’s actual/confidential residential address is prohibited. Any violations could result indisciplinary action.
Violation of this Policy
As provided for by State law, an employee or agent of the Board:
A.
who knowingly or intentionally discloses information classified as confidential by State statute commits a Class A infraction;
B.
who intentionally, knowingly, or recklessly discloses or fails to protect information classified as confidential by this policy maybe disciplined or terminated.
Additionally, State law provides that a person who recklessly, knowingly, or intentionally destroys or damages any public recordcommits a Level 6 felony unless the destruction is pursuant to a record retention scheduled adopted by the County Public RecordsCommission.
Revised 6/91
Revised 4/21/98
Revised 10/17/00
Revised 1/15/02
Revised 11/19/02
Revised 11/18/03
Revised 9/14/04
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Revised 3/18/08
Revised 6/22/10
Revised 9/17/13
Revised 12/20/16
© Neola 2020
Legal
I.C. 5-14-3-3(f)
I.C. 5-14-3-4(a)(3) and (12)
I.C. 5-14-3-4(c)
I.C. 5-14-3-10
I.C. 5-15-6-8
I.C. 20-32-4-12
I.C. 20-33-2-13
I.C. 20-33-7-1 et seq.
I.C. 31-39-2-13.8
511 I.A.C. 7-38-1 et seq.
26 U.S.C. 152
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
20 U.S.C. 7165(b)
20 U.S.C. 7908
34 C.F.R. Part 99
34 C.F.R. Part 300