Policy:  Education Records

Policy

The Hartford School District recognizes the importance of keeping accurate and

appropriate education records[2] for students as part of a sound educational

program and is committed to act as trustee of this information, maintaining

these records for educational purposes to serve the best interests of its

students.

The principles of accuracy and confidentiality underlie all policies and

procedures for the collection, maintenance, disclosure and destruction of

education records. It is the policy of the district to protect the

confidentiality of education records and release information only as permitted

by law.  Annually or when the student enrolls, the district will inform[3]

parents, guardians, and students eighteen years and older of their right to

inspect, review, and seek amendment of the student’s education records.  The

district will inform parents guardians, and students eighteen years and older of

items considered directory information through notices distributed at the

beginning of each school year or when a student enrolls.[4]

The building principal will be the custodian of all education records in a given

school. The superintendent has overall responsibility for education records

throughout the district and for assuring that adequate systems are in place to

maintain such records and to provide parents with access to them in accordance

with state and federal law. The Superintendent is responsible for developing

procedures to assure the consistent implementation of this policy. The

procedures shall comply with all federal and state laws and regulations

governing access to and the collection, maintenance, disclosure and destruction

of education records.

Definitions 

All terms used in this policy, and the procedures developed for the

implementation of this policy, shall be defined, where applicable, as those

terms are defined in the Family Educational Rights and Privacy Act and in the

federal regulations promulgated pursuant to that Act.[5]

[1] The federal Family Educational Rights and Privacy Act  (FERPA) does not

explicitly require a school board policy on the protection of student records. 

Its requirements are stated in the negative…”no funds shall be made available to

any educational agency…which has a policy of denying…the right of parents…to

review and inspect educational records. 20 U.S.C. 1232g; 34 C.F.R. Part 99.  Nor

does the State Board Manual of Rules and Practices explicitly require a school

board policy on student records.  “Each school shall develop and implement a

system of maintaining student records…which is in compliance with FERPA.”  SBE

Rule 2120.8.3.3.

[2] A “record” means any information recorded in any way, including but not

limited to, handwriting, print, computer media, video or audio tape, film,

microfilm and microfiche.  The term “education records” means those records that

are (1) directly related to a student, and (2) maintained by the school

district, a school within the district, or a party acting for the school

district or a school within the school district.  It does not include a

teacher’s notes that are in the teacher’s sole possession and shared only with a

substitute teacher.  20 U.S.C. 1232g; 34 C.F.R. 99.3.

[3] School districts are required to find an effective way to notify parents

whose primary language is not English.  34 C.F.R. §99.9.

[4] The Family Educational Rights and Privacy Act allows schools to designate

certain information as “directory information” and release it after providing

public notice of the categories of information it seeks to release.  “Directory

information” includes, but is not limited to, a student’s name, address,

telephone listing, 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, and the most

recent previous educational agency or institution attended by the student. 

Additional information may be released with specific parental consent.  12

U.S.C. §1232g; 34 C.F.R. §99.3. 

[5] 12 U.S.C. §1232g; 34 C.F.R. §99.3.

Date Adopted:  August 11, 2009

Legal Reference(s):     20 U.S.C. §§1232g (Federal Family Educational Rights and

Privacy Act of 1974)

20 U.S.C. § 7908

16 V.S.A. 563(27) (NCLBA Armed Forces Recruiter/Higher Education Access)

34 C.F.R. Part 99

1 V.S.A. §317 (Definitions)

15 V.S.A. §670 (Non-custodial parents)

33 V.S.A. §5536a (Juvenile court records)

VT State Board of Education Manual of Rules and Practices §2120.8.3.3