347R Student Records Rule

STUDENT RECORDS


BARABOO SCHOOL BOARD

 

347-Rule 

 

A.     Definitions

 

1.      Progress records maintained by the school include a statement of the courses taken by the student, the student’s grades, records of the student’s extracurricular activities, the student’s attendance and the student’s immunization records.

 

2.      Behavioral records maintained by the school include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual student’s behavior, tests relating specifically to achievement or measurement of ability, the student’s physical health records other than his/her immunization records, law enforcement records, and any other student records which are not progress records.

 

a.        Student physical health records maintained by the school include those student records that include basic health information about a student including the student’s immunization records, an emergency medical card, a log of first aid and medicine administered to the student, an athletic permit card, a record concerning the student’s ability to participate in an education program, the results of any routine screening test, such as for hearing, vision or scoliosis and any follow-up to such test, and any other basic health information, as required by state law.

 

b.        Patient records include all those records related to the health of a student prepared by or under the supervision of a health care provider except those included in the student physical health care records definition.

 

c.        Court records include those records received from a court clerk concerning a juvenile enrolled in the district who: (1) has a petition filed with a court alleging that he/she has committed a delinquent act that would be a felony if committed by an adult; (2) has been adjudged delinquent; (3) has school attendance as a condition of his/her dispositional order; or (4) has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang that would be a felony if committed by an adult, and had been adjudged delinquent on that basis.

 

 

d.        Law enforcement officer records include those records obtained from a law enforcement agency relating to: (1) illegal possession by a child of a dangerous weapon as defined in state law; (2) the use, possession or distribution of alcohol or a controlled substance by a student enrolled in the district; (3) an act for which a district student was taken into custody based on the law enforcement officer’s belief that he/she violated or was violating certain specified laws (e.g., sexual assault, attempted murder, kidnapping); or (4) the act for which a juvenile enrolled in the district was adjudged delinquent.

 

3.      Directory data includes the student’s name, address, telephone listing, date and place of birth, electronic mail address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, photographs, degrees, honors and awards received, and the name of the school most recently previously attended by the student.

 

B.     Confidentiality

 

The building principal shall have primary responsibility for maintaining the confidentiality of all student records kept at that school.  All requests for inspection or for transfer of records should be directed to the building principal or his/her qualified designee who shall then determine whether inspection or transfer is permitted.

 

1.      Student Progress and Behavioral Records

 

All student progress and behavioral records shall be confidential, with the following exceptions:

 

a.       A student or the parent/guardian of a minor student shall, upon request, be shown and provided with a copy of the student’s progress records.

 

b.      An adult student, or the parent/guardian of a minor student shall, upon request be shown, in the presence of the building principal or his/her qualified designee, the student’s behavioral records.  Such student or parent/guardian shall, upon request, be provided with a copy of the behavioral records.

 

c.       Student records shall be disclosed at the request or order of the court.  The District shall make a reasonable attempt to notify the parent/guardian or adult student of a judicial order in advance of compliance, therewith, except as otherwise provided by law.

 

d.      The school district clerk or his/her designee shall provide a law enforcement agency with a copy of a student’s attendance record if the law enforcement agency certifies in writing that the student is under investigation for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the student’s attendance record information except as permitted by law.

 

e.       If student attendance is a condition of child’s dispositional order under section 48.355(2)(b)7 or 938.358(2) of the state statutes, the Board shall notify the county department that is responsible for supervising the child within five days after any violation of the condition by the child.

 

f.        Student records shall be made available to persons employed by the district who are required by state law to hold a teacher’s license and to other district officials who have been determined by the Board to have legitimate educational or safety interests.  A “school official” is a person employed by the district who is required by state law to hold a license; a person employed by or working on behalf of the district as an administrator, supervisor, instructor or support staff member (including health or medical staff and police-school liaison officers); a person serving on the Board of Education; a person or company with whom the district has contracted to perform a specific task (such as an attorney, auditor, medical consultant or therapist); or a parent/guardian or student serving on an official committee such as a disciplinary or grievance committee or assisting another school official in performing his/her tasks.  A school official has a “legitimate education interest” if the official needs to review a student record in order to fulfill his/her professional or district responsibility.

 

(1)   Court records obtained by the district must be disclosed to district employees who work directly with the juvenile named in the records or who have been determined by the Board to have legitimate or safety interests in the information.  An employee cannot further disclose the information and the information cannot be used as the sole basis for suspending or expelling the student from school.

 

 

(2)   Law enforcement agencies shall provide a school district upon request with any information in its record relating to (1) illegal possession by a child of a dangerous weapon; (2) the use, possession or distribution of alcohol or a controlled substance by a student enrolled in the District; (3) an act for which a district student was taken into custody based on the law enforcement office’s belief that he/she violated or was violating certain specified laws (e.g. sexual assault, attempted murder, kidnapping), and (4) the act for which a juvenile enrolled in the District was adjudged delinquent.  Upon receipt of information under this provision, the District must notify any student named in the records and the parent/guardian of any student named in the records of this information.

 

g.       Upon the written permission of an adult student, or the parent/guardian of a minor student, the school shall make available to the person named in the permission the student’s progress records or such portions of his/her behavioral records as determined by the person authorizing the release.  Law enforcement office records may not be made available under this exception unless specifically identified by the adult student or by the parent/guardian of a minor student in the written permission.

 

h.       Student records shall be provided to a court in response to subpoena in accordance with state law.  Upon receipts of such subpoena, the District shall make a reasonable effort to notify the student’s parent(s)/guardian(s) or adult student of the subpoena in advance of  compliance, therewith, except as otherwise provided by law.

 

i.         The school board may provide the Department of Public Instruction (DPI) or any public office with any information required to be provided to such department or office under Chapters 115 to 121 of Wisconsin Statutes.  The Board shall provide the DPI with any student record information that relates to an audit or evaluation of a federal- or state-supported program or that is required to determine compliance with state law provisions.

 

j.        Information from a student’s immunization records shall be made available to the Department of Health and Family Services (DHFS) to carry out immunization requirements.

 

k.      Upon request, the school district clerk or his/her designee shall provide the names of students who have withdrawn from school prior to graduation to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under Chapter 49, to the Department of Health and Family Services (DHFS), the Department of Workforce Development (DWD) or a county department under sections 46.215, 46.22 or 46.23 of the state statutes.

 

l.         All directory information shall be considered public and disclosed to any person, if the school: (1) has notified the parent, legal guardian or guardian ad litem of the categories of information which it has designated as directory information with respect to each student; (2) has informed the parent, legal guardian or guardian ad litem of that student that he or she has 14 days to inform the school that all or any part of the directory information may not be released without prior consent of the parent, legal guardian or guardian ad litem; (3) has allowed 14 days for the parent, legal guardian or guardian ad litem of any student to inform the school that all or any part of the directory information may not be released without the prior consent of the parent, legal guardian or guardian ad litem; and (4)  if the school district has followed the notification procedure outlined above, and the adult student, parent, guardian or guardian ad litem does not object to the directory information being released, the Board Clerk or designee shall, upon request, provide any representative of a law enforcement agency, district/city attorney, or corporation counsel, county department under sections 46.215, 46.22 or 46.23 or a court of record or municipal court with such directory information relating to any such student enrolled in the school district for the purpose of enforcing that student’s school attendance, to respond to a health or safety emergency or to aid in the investigation of alleged criminal or delinquent activity by a student enrolled in the District.

 

If the District has followed the notification procedure outlined above, and the adult student, parent, guardian or guardian ad litem does not object to the directory information being released, the Board Clerk or designee shall, upon request, provide the name and address of each student expected to graduate from high school in the current school year to the technical college district board.

 

The District shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students’ names, addresses and telephone listings.  A secondary school student or the parent/guardian of a student may request that the student’s name address and telephone listing not be released to military recruiters or an institution of higher education without prior written parental consent.  The District shall notify parents/guardians of the option to make a request and shall comply with any request.  The District shall provide military recruiters the same access to secondary school students and student directory information about such students as is provided to post-secondary schools or prospective employers.

 

m.     The school board may disclose personally identifiable information from an adult student’s records to the student’s parent(s)/guardian(s), without the adult student’s written consent, if the adult student is a dependent of his/her parent(s)/guardian(s) under the Internal Revenue Code, unless the adult student has informed the school, in writing, that the information may not be disclosed.

 

n.       A school board shall disclose a student’s records in compliance with a court-ordered educational plan after making a reasonable effort to notify the student’s parent(s)/guardian(s).

 

o.      Annually, on or before August 15, the Board shall report to the appropriate county departments under section 51.42 and 51.437 of the state statutes, the names of students who reside in the district, are at least 16 years of age, are not expected to be enrolled in an educational program two years from the date of the report and may require the services described under sections 51.42 or 51.437 of the state statutes (community mental health, development disabilities, alcoholism and drug abuse).

 

Notwithstanding their confidentiality, student records may be used in suspension and expulsion proceedings and by an Individual Educational Program (IEP) committee under Chapter 115 of the statutes.

 

2.      Patient Health Care Records

 

All patient health care records shall remain confidential and may only be released with the informed consent of the patient or as otherwise specifically authorized by federal or state laws.  Any record that concerns the results of a test for the presence of human immunodeficiency virus (HIV), antigen or non-antigenic products of HIV or an antibody to HIV shall be confidential and may be disclosed only with the informed written consent of the test subject.

 

C.     Maintenance of Records

 

1.      While enrolled in the district, all student records shall be maintained in the school of attendance.  The building principal shall have primary responsibility for maintaining the student records in his/her school.

 

2.      Patient and law enforcement office records shall be maintained separately from the student’s other student records.

 

3.      All behavioral records shall be destroyed one year after the date the student graduated from or last attended the school unless the student (or the parent/guardian of a minor student), specifies in writing that the records should be maintained for a longer period of time.

 

4.      Progress records shall be maintained for a period of not less than 5 years after graduation or the date the student last attended the school.

 

D.     Transfer of Records

 

Student records relating to a specific student shall be transferred within five working days of receipt of written notice from an adult student or the parent/guardian of a minor student that the student intends to enroll in the other school or school district or written notice from the other school or school district that the student has enrolled or from a court that the student has been placed in a juvenile correctional facility or secured child caring institution or a secured group home.

 

E.      Challenge and/or Amendment of Student Records

 

An adult student, or the parent/guardian of a minor student, has the right to request the amendment of the student’s school records if he/she believes the records are inaccurate, misleading or otherwise in violation of the student’s privacy rights.  Such requests shall be made in writing directly to the building principal or District Administrator in the event the student is no longer enrolled in the district.  The written request shall: (a) set forth the specific portion of the school record claimed by the challenger to be in error, inaccurate, misleading or otherwise in violation of the student’s privacy rights; and, (b) state the modifications requested in respect thereto.

 

1.      If the request is made to a building principal, the principal shall confer with the District Administrator regarding the request.

 

2.      The District Administrator, either from the information provided to him/her by the building principal or from the individual’s direct request to him/her, shall make a written response to the adult student or parent/guardian.  This response shall be within 15 days of the receipt of the written challenge by the building principal or District Administrator.

 

3.      If the adult student, or parent/guardian of a minor student does not deem the response of the District Administrator sufficient to remedy the challenge, he/she may make a written request for a hearing before the School Board regarding the original challenge.  This request shall be directed to the District Administrator within 15 days of receipt of the District Administrator’s response.

 

4.      The district shall, upon receipt of the request for a hearing, arrange for a hearing to be held before the Board following the receipt of the request.

 

5.      The Board shall conduct the hearing, take evidence and make its findings, conclusion and order based upon the evidence submitted at the hearing and shall notify the adult student or the parent/guardian of a minor student, of such findings, conclusion and decision following the conclusion of the hearing.

 

6.      If, as a result of the hearing, the Board decides that the information is inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall amend the information accordingly and inform the adult student or parent/guardian of a minor student of such amendment.

 

7.      If, as a result of the hearing, the Board decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the adult student or parent/guardian of a minor student of the right to place in the records it maintains on the student, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the Board.

 

8.      The Board shall require that any explanation placed in the records of a student by maintained by the district as part of the records as long as the record or the contested portion is maintained by the district.  If the records of the student, or the contested portion are disclosed by the district to any party, the explanation shall also be disclosed to that party.

 

F.      Complaint Procedure

 

Adult students or parents/guardians of minor students may file a complaint with the Family Policy Compliance Office at the US Department of Education for alleged noncompliance with requirements of the federal Family Educational Rights and Privacy Act (FERPA).  Complaints should be sent to:

                       

Family Policy Compliance Office

                        U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202-5920

 

G.     Annual Notice

 

Parents/guardians and adult students shall be notified annually of the following:  (1) their rights to inspect, review and obtain copies of student records; (2) their rights to request the amendment of the student’s school records if they believe the records are inaccurate, misleading or otherwise in violation of the student’s rights of privacy; (3) their rights to consent to the disclosure of the student’s school records, except to the extent state and federal law authorizes disclosure without consent;  (4) the categories of student record information which have been designated as directory information and their right to deny the release of such information; and, (5) their right to file a complaint with the Family Policy Compliance Office of the U.S. Department of Education.

 

Parents/guardians of secondary school students shall also be notified of their option to request the district not to release the secondary school student’s name, address or telephone listing to military recruiters or institutions of higher education without prior written parental consent.

 

This notice shall be distributed to parents/guardians and adult students at the beginning of each school year.  When a student transfers into the District after the above notice has been given, the student and his/her parent(s)/guardian shall receive a copy of the notice at the time and place of enrollment

Last Updated: 7/13/09
Adjust Font Size: A   A   A   A   A   A