Superintendent's response (bold/italics) to request AGENDA add and his answers to my questions
Hello Ms. Woods,
I have provided answers below to your questions.
Thank you.
Dr. Jon Milleman
Superintendent
Lebanon Community School Corporation
Lebanon, IN 46052
765-482-0380
millemanj@leb.k12.in.us
From: Joan Woods <joanmwoodsindy@gmail.com>
Date: Wednesday, February 9, 2022 at 1:55 PM
To: Elizabeth Keith <keithe@leb.k12.in.us>
Cc: Jon Milleman <millemanj@leb.k12.in.us>, Trey Hendrix <hendrixt@leb.k12.in.us>, Craig Parks <parksc@leb.k12.in.us>, Lisa Hutcheson <hutchesonl@leb.k12.in.us>, Tiffany Jones <jonest@leb.k12.in.us>
Subject: RE: [EXTERNAL]RE: Board Meeting Comments
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Here are my questions:
Question 1. Does the School Board agree that Indiana Code 2021, Title 20, is the most recent law on record for the State of Indiana? This was revised November 9, 2021.
The excerpts below are taken from the 2021 Indiana Code. I also cross-checked the reference with the hard copy published annually by the Indiana School Boards Association.
This section outlines the school’s requirement to include the immunization in the official high school transcript.
IC 20-33-2-13High school transcripts; required contents
Sec. 13. (a) A school corporation shall record or include the following information in the official high school transcript for a student in high school:
(1) Attendance records.
(2) The student's latest statewide assessment program test results.
(3) Any secondary level and postsecondary level certificates of achievement earned by the student.
(4) Immunization information from the immunization record the student's school keeps under IC 20-34-4-1.
(5) Any dual credit courses taken that are included in the core transfer library under IC 21-42-5-4.
(b) A school corporation may include information on a student's high school transcript that is in addition to the requirements of subsection (a).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-17.5.]
As added by P.L.1-2005, SEC.17. Amended by P.L.140-2008, SE
The “may” provision of this section provides districts the ability to share copies of the immunization records to schools to which students are transferring or to universities. Per FERPA requirements, this information cannot be shared with a receiving school or a university without permission or formal request from the student or student’s parent/guardian. According to the IC 20-33-2-13, when an official transcript is shared (again, only with authorization from the student), the immunization information is included.
IC 20-34-4-1Keeping immunization records; student transfer
Sec. 1. (a) Each school shall keep an immunization record of the school's students according to procedures prescribed by the state department of health.
(b) Whenever a student transfers to another school, the school from which the student is transferring may furnish, not later than twenty (20) days after the transfer, a copy of the student's immunization record to the school to which the student is transferring.
(c) Whenever a student enrolls in a state educational institution, the school from which the student graduated may furnish a copy of the student's immunization record to the state educational institution. If the student is enrolled in a state educational institution while still attending a secondary level school, the secondary level school that the student is attending may furnish a copy of the student's immunization record to the state educational institution.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-7-9.]
As added by P.L.1-2005, SEC.18. Amended by P.L.2-2007, SEC.231; P.L.208-2015, SEC.11.
Question 2. I have an electronic copy of the “Requirements and Guidance for Indiana High School Transcripts” that reads “Updated December 2021” and has Secretary of Education, Dr. Katie Jenner, noted at the top, on its cover. Secretary Jenner took office January 11, 2021. However, the hyperlinks within the document refer to an obsolete 2016 Indiana Code.
See #1 and #2 above.
Question 3. In your email correspondence to me dated February 8, 2022 at 9:31 AM, your email read that “Indiana Code 20-33-2-13 requires that school corporations include”, however that is not how the Indiana Code is written. See excerpt above. The Indiana Code clearly states that the information shall be contained in the official transcript. Additionally, IC 20-34-4-1 comes into play here. IC 20-33-2-13 (2021), thereby being the current code, High School transcripts, required contents read:
Sec. 13 (a) “A school corporation shall record or include the following information in the official
high school transcript for a student in high school.
1. Attendance Records.
2. The student’s latest statewide assessment program results.
3. Any secondary level and postsecondary level certificates of achievement earned by the student.
4. Immunization information from the immunization record the student’s school keeps under IC 20-34-4-1
5. Any dual credit courses taken that are included in the core transfer library under IC 21-42-5-4
Correct. Please note that the immunization information shall be recorded or included, both require that the information be part of the official transcript (see highlighted in green above). If a school records the information, it might take the form of some sort of log that is attached to the transcript. If the information is included, it is included in the same page(s) as the academic information. In both cases, the information is part of the official transcript or as highlighted above “in the official high school transcript.”
Question 4. 2021 Indiana Code Section 20-34-4-1 states:
IC 20-34-4-1Keeping immunization records; student transfer
Sec. 1. (a) Each school shall keep an immunization record of the school's students according to procedures prescribed by the state department of health.
(b) Whenever a student transfers to another school, the school from which the student is transferring may furnish, not later than twenty (20) days after the transfer, a copy of the student's immunization record to the school to which the student is transferring.
(c) Whenever a student enrolls in a state educational institution, the school from which the student graduated may furnish a copy of the student's immunization record to the state educational institution. If the student is enrolled in a state educational institution while still attending a secondary level school, the secondary level school that the student is attending may furnish a copy of the student's immunization record to the state educational institution.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-7-9.]
See answer to #1 above. This section provides the authority to send the information. However, again, this can only be done when authorized by the student or authorized student representative.
Question 5. Thus being, the School that my daughter attends is mandated to keep a copy of her immunization record, however it “may” indicating optional preference share that record. I have indicated in my original registration documentation for my daughter that such private information not be shared without my knowledge and expressed written consent.
This is not correct. Schools do not have a preference to share or not share the information. The preference of whether a transcript is or is not shared is the student’s. The only way an official transcript can be shared is when a student or the student’s authorized representative authorizes it or comes to the school in person to request and receive it. The only way medical information would be shared would be due to one of the authorized FERPA exceptions such as a student’s health emergency such as when medical attention is required.
Question 6. Being the political climate is as it is with the COVID mandates politicizing vaccination records and potentially trying to limit the freedom and liberty of those who chose not to be vaccinated, is the Superintendent and the School Board willing to make a public statement that in no way, shape, or form will the receiving party of such transcript be able to develop even an slight partial bias against the student whose transcript includes medical information that in no way relates to the quantitative or qualitative measuring of that student’s academic prowess and performance?
The official transcript will only include those items required by law. If you have questions regarding why public schools are required to include the immunization record as part of the official transcript, I suggest you contact your state representative or senator as they determine the laws we must follow.
Question 7. Additionally, who are all the parties who have access to, or who are seemingly entitled to access to this private information?
Under the provisions of FERPA (34 CFR 99.31) it indicates:
The term FERPA uses is Personally Identifiable Information (PII). PII is described in the attached LCSC School Board Policy 8330 – STUDENT RECORDS.
School officials with a legitimate educational interest; (Question 7a. Who? Please give example of educational interest.)
See attached LCSC School Board Policy 8330 – STUDENT RECORDS.
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes; (Question 7b. Who is auditing and under what evaluation?)
Examples of this include:
1. In connection with an audit or evaluation of Federal of State supported education programs (for example, public schools are subject to State Board of Account Audits. Not only does the SBOA audit financial records, but the agency also audits for compliance regarding the maintenance and retaining of public records, including student records. The SBOA may require the district to supply a sampling of student records for these official auditing purposes) or
2. For the enforcement of or compliance with federal legal requirements which relate to those programs
The information must be:
1. Protected in a manner that does not permit disclosure of PII to anyone (other than those authorized through the governmental agency or school and FERPA policy
Appropriate parties in connection with financial aid to a student; (Question 7c. Can financial aid be denied on the basis of immunization record? What is the relevance of the health record to be on there.)
No, to my knowledge no financial aid can be denied based on immunization status. However, we are not the agency that oversees federal financial aid laws and rules. That question would be better asked to the FASFA offices. I believe this option is included much like the Indiana Code in question #1 includes. It is stating that we are able to or can provide this information to financial aid offices on the student’s behalf. However, if this is transcript or PII, it would not be done so without permission from the student or the student’s authorized representative.
Organizations conducting certain studies for or on behalf of the school; (Question 7c. What organizations and what studies?)
See attached LCSC School Board Policy 8330 – STUDENT RECORDS.
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena; (finally, something Constitutional)
Appropriate officials in cases of health and safety emergencies, and (Question 7d. What constitutes an “emergency” and would COVID be considered an “emergency”?)
Per FERPA below are examples:
1. Disclosure necessary to protect the health or safety of the student or others.
2. There is an articulable and significant threat to the health or safety of a student or other individuals
3. Appropriate parties typically means local, state, or federal law enforcement, trained medical personnel, public health officials and parents.
4. Must be related to an actual, impending , or imminent emergency.
5. Must be articulable and significant threat.
6. School must make determination on case-by-case basis.
7. The US Department officials will not substitute its judgment if there is a rational basis for decision to disclose under health or safety emergency exception.
NOTE REGARDING YOUR COVID QUESTION: COVID-19, is determined to be a pandemic and communicable disease. Therefore, if a student is identified as a direct contact to a positive COVID-19 individual or as a positive COVID-19 individual, the school nurse may access the CHIRP system to review the student’s vaccination status to determine quarantine protocols and for required ISOH reporting purposes. The nurse verifies the vaccination status only. If the student is not identified as a close contact or positive, the nurse is not authorized to access CHIRP. Our nurses do also access CHIRP for student vaccination information to fulfill our requirements to certify that students have received all required vaccinations for public school attendance, or the necessary waivers have been filed. The nurses are held to the confidentiality standards of all health care providers.
State and local authorities, within a juvenile justice system, pursuant to a specific law
FERPA also indicates the following:
When a record is disclosed in the types of situations indicated above, the originating agency must note in the record the names of the parties who received the information and an explanation of the legitimate educational interest under the record that was disclosed. FERPA requires agencies or schools to account for all education records release, indicating the reasons the information was provided and who received it. These explanations must be recorded in the student’s record and maintained there until the agency destroys the record. (Question 7e. Where is this information stored and how do parents have access to it for review?)
See attached LCSC School Board Policy 8330 – STUDENT RECORDS.
Question 8: What proactive notice and in what timeframe will a request to view our students’ records be given to the parents, and using what method of communication?
See attached LCSC School Board Policy 8330 – STUDENT RECORDS.
Question 9: What process does the parent go through to either allow or deny such inspection and to whom should those communications go and by what method?
See attached LCSC School Board Policy 8330 – STUDENT RECORDS.
Question 10: Wouldn’t it just be easier on the school and in the best interest of the students and families to just retain a copy of the immunization record, keep it confidential, and allow the parents to field inquiries to receive a copy of the information for parties to whom this information is relevant?
Per the cited IC above, we are required to include immunization information as part of the official transcript. The student or the student’s authorized representative may, or may not choose to request an official transcript be sent on his/her behalf. Students have the option of retrieving an official transcript personally. If the student or the student’s authorized representative wishes to delete, or obscure the immunization information once the transcript is retrieved, that is the student’s right to do so. However, we will include the information on the official transcript as required.
Question 11: Why wouldn’t the school act in the best interests of the students and parents in keeping private information, confidential?
Information such as health records and immunization records are confidential. The only persons accessing the information are those authorized through Indiana Code and FERPA.
All parents are required to acknowledge the FERPA requirement and disclosure of directory information annually as part of registration. The attached document is the page that parents must acknowledge understanding of when registering students. This section and the linked and attached LCSC School Board Policy 8330 – STUDENT RECORDS details the definition of directory information that may be disclosed without written consent of the student, except those persons or parties stipulated by the policy, guidelines, and/or the law.