Embedded Files
- At the district level, a designated administrator is responsible for maintaining the confidentiality of student files. At the site level, each principal is responsible for maintaining the confidentiality of student files on their campus.
- Files must be maintained at the school level as follows:
- A record must be kept of the persons who have had or requested access to a file.
- A notation must be included to show the location of any identifiable student data (anything filed under the student’s name) on the campus or elsewhere, that is not housed in the Cumulative Record (CUM file).
- An entry must be made each time access is requested or granted.
- Such a list must be maintained for each individual record and must be made available to the parent upon request.
- Each school must develop a list, by name, of the school officials authorized for routine access to records (administrators, psychologists, nurse, specialists, teachers, clerical staff, etc). In addition, the names of all teachers should be available to inquiring parents, together with the following statement: Teacher access is limited to students currently enrolled, previously enrolled, or reenrolled in a teacher’s classroom.
- A parent may request access to his/her student’s file at any time. An appointment for such a review should be set within five (5) days of the request, unless the parent is unable to come in within that time. All records containing personally identifiable student data (anything filed under the student’s name) must be accumulated and presented for review. Verification of the parent’s identity and right to access confidential records must be made and documented in the CUM file.
- In the case of the natural parent who is divorced and does not have legal custody, access must be provided unless the parent with custody has obtained a court order to the contrary. In this circumstance, however, the natural parent without custody may not copy or sign a release of information form for his/her child (Rights of Privacy Act of 1974). It is advisable for an administrator to be available during reviews. If an interpreter is needed, one should be provided, if possible. The parent who has legal custody may request copies of any materials in the record. Only data relating to the child of a given parent may be available to that parent.
- Parents may challenge the contents of a student’s records. (Ed. Code 49070)
- The parent of a pupil may file a written request with the superintendent of the district to correct or remove any information recorded in the written records concerning his/her child which he/she alleges to be: 1. inaccurate, 2. an unsubstantial personal conclusion or inference, 3. a conclusion or inference outside of the observer’s area of competence, 4. not based on the personal observation of the named person with the time and place of observation noted.
- Within 30 days of receipt of such request, the superintendent or his designee will meet with the parent and the certificated employee who recorded the information in question, if any, and if such employee is presently employed by the school district. The superintendent’s designee, the director of special education programs, will then sustain or deny the allegations. If the superintendent denies any or all of the allegations and refuses to order the correction or the removal of the information, the parent may, within 30 days of the refusal, appeal the decision in writing to the governing board of the school district.
- Within 30 days of the receipt of such an appeal, the governing board will, in closed session with the parent and the certificated employee who recorded the information in question, if any, and if such employee is presently employed by the school district, determine whether or not to sustain or deny allegations.
- All requests for directory information from organizations such as the PTA, etc. shall be submitted in writing and referred to the designated administrator in special education. The administrator will either affirm or deny release of information on the following criteria:
- The requesting organization will be required to submit, in writing, a guarantee that no contact with the student will be made except through the mail unless the student and his/her parents request such contact. Any other release of information will require written consent from parents.
- Directory information shall not be released if a parent has notified the school district in writing that such information shall not be released relative to that particular student.
- Destruction or mutilation of records except as prescribed by law is a felony (Government Code 6201). Directory information and CUM file must be maintained for each student (Title V, 435). Site administrators or others must not alter records or remove materials without going through proper procedures. Extraneous papers should not be housed in the student’s file. Parent(s) must be notified, and a written record of acknowledgement must be kept on file, of any records to be destroyed prior to the actual destruction. Parent(s) have the right to appeal in a similar manner as under point five (5). Any records under contest cannot be destroyed until the issue has been resolved.
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