Student Records
Confidentiality of student records must be maintained. The following procedures have been adopted to guarantee protection of privacy.
Section 1
Pursuant to the “Family Educational Rights and Privacy Act of 1974,” it shall be the policy of this school district with respect to parents of a student under 18 years of age and with respect to students 18 years of age or older (an “eligible student”) to permit such persons to inspect and review any and all official records, files and data directly related to that student.
Section 2
Parents of a student under 18 years of age or an eligible student shall have an opportunity for a hearing to challenge the content of that student’s school records, to insure that the records are not inaccurate, misleading or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein.
Section 3
In order to implement the rights provided for in Sections 1 and 2 hereof, the following procedures are adopted:
- A parent of a student under 18 years of age or an eligible student shall make a request for access to that student’s school records, in writing, to the Superintendent of Schools. Upon receipt of such request, arrangements shall be made to provide access to such records within 30 days after the request has been made.
- A parent of a student under 18 years of age or an eligible student who wishes to challenge the contents of that student’s school records shall submit a request, in writing, identifying the record or records which they believe to be inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, together with a statement with the reasons for his or her challenge to the record to the Superintendent.
- Upon receipt of a written challenge, the Superintendent shall provide a written response indicating either that:
- He/she finds the challenged record inaccurate, misleading or otherwise in violation and it will be
corrected or deleted, or that - He/she finds no basis for correcting or deleting the record in question, but that the parent or eligible student will be given an opportunity for a hearing.
- Such written response by the Superintendent shall be provided to the parent or eligible student within 14 days after receipt of the written challenge. Said response shall also outline the procedures to be followed with respect to a hearing, if desired by the parent or eligible student.
- He/she finds the challenged record inaccurate, misleading or otherwise in violation and it will be
- Within 14 days of receipt of the response from the Superintendent, a parent or eligible student may request, in writing, that a hearing be held to review the Superintendent’s determination.
Return to Section 1
Section 4
Student records, and any material contained herein which is personally identifiable, are confidential and may not be released or made available to persons other than the parents or students without the written consent of parents of students 18 years of age or younger. Such records and material may be made available without the written consent of parents or eligible students in the following cases:
- To other school officials, including teachers within the district, who have legitimate educational interests.
- To officials of another school in which the student intends to enroll, if the parents or student are notified of the transfer of records, are given a copy if they desire one, and have an opportunity for a hearing to challenge the content of the records.
- To authorized representatives of certain designated federal and state agencies, including state educational authorities, for the purpose of the audit and in connection with the enforcement of federal legal requirements.
- In connection with a student’s application for or receipt of financial aid.
- Pursuant to court order of subpoena, after notification to the parent or eligible student.
Section 5
Whenever a student record or any material contained therein is to be made available to third persons, other than those covered by the exceptions indicated in Section 4 hereof, the parent of a student under 18 years of age or an eligible student must file a written consent to such action and any third party to whom such records have been made available must sign a written statement that he/she will not further release such records without the consent of the parent or eligible student.
Section 6
All persons requesting access to such records except for those persons provided for in Section 4 shall be required to sign a written form which indicates a legitimate educational or other interest that such person has in inspecting the records. Such form shall be kept with the student’s file.
Section 7
Whenever the district is requested to forward a student’s school record to a neighboring public school district within the BOCES, the following procedures shall be followed:
- A student’s school record, including health records, shall be forwarded to the neighboring public school district from which such a request is made upon the receipt of a request by the appropriate administrator of the requesting district.
- The prior written consent of the student’s parents or eligible student shall not be necessary. However, upon the forwarding of the student’s records, the parent(s) of the student or eligible student shall be notified in writing that the records have been transferred. Such notice shall be by certified letter, return receipt requested and such letter shall be forwarded to the parents or eligible student not later than the close of business of the day upon which the student’s records are forwarded to the neighboring district.