The school district has a responsibility to maintain confidential educational records of students that reside within SLUSD boundaries. These requirements stem from the Family Educational Rights and Privacy Act (FERPA).

Transfer of Student Records

Whenever a student transfers from one school district to another or to a private school, or transfers from a private school to a school district within the state, the student’s permanent record or a copy thereof shall be transferred by the former district or private school upon request from the district or private school where the student intends to enroll (Education Code Section 49068).

When a student transfers from one district school to another school within the district, the student’s entire records shall be transferred upon request to the school where the student intends to enroll. Records shall not be withheld because of any fees or charges owed by the student or his/her parent/guardian.

Destruction of Records (EC 35250–35255, 48980–48984, 49060)

Mandatory interim student records: Those student records that schools are required to compile and maintain for a minimum of three (3) years after a student leaves the district or when their usefulness ceases. Such records include the following:

• Log or record identifying persons or organizations requesting or receiving information from student’s records
• Health information, including Child Health and Disability Prevention Program (CHDP) verification or waiver
• Case studies and records concerning participation in special education programs
• Language training records
• Grade reports and/or progress reports
• Parental restrictions regarding access to directory information or related stipulations
• Parent/guardian or adult student rejoinders to challenged records and to disciplinary actions
• Parental authorizations or prohibitions of student participation in specific programs
• Results of standardized tests administered within preceding three years

Permitted student records (optional):

Those records having clear importance only to the current educational process of a student. Permitted records may be destroyed six months after the student’s completion of or withdrawal from the educational program or when their usefulness ceases. Such records may include the following:

• Objective counselor and/or teacher ratings
• Standardized test results older than three years
• Routine discipline data
• Verified reports of relevant behavioral patterns
• All disciplinary notices
• Attendance records other than required district classroom attendance records maintained at the school

Zero Tolerance: Records of a student violation of Zero Tolerance will be maintained until the student graduates or reaches the age of 19 years and 6 months.

Parents may request, at any time, an opportunity to inspect and review all education records that are collected, maintained, or used on their child. Requests may be oral or written and the district must respond within 45 days of receipt of a request.

• The public education agency must respond to parental requests for explanations or interpretations of their child’s records.
• Parents may select a representative to inspect and review their child’s records.
• Copies of the records must be provided if the parent requests. No more than the actual costs of reproduction may be charged. If the cost prevents a parent from receiving the copy, records are provided at no cost.
• Parents must be given, upon request, a list of the types and locations of education records collected, maintained, or used by the agency.
• Public educational agencies may not disclose personally identifiable information contained in individuals’ records without parental consent, except:
  • Directory information (e.g. name, address, telephone number, birthplace and date, major activity and sports participation, attendance dates, degrees and awards, schools most recently attended)
  • To persons authorized as having legitimate educational interests (local school officials, state and federal agency personnel, etc.).
• Parents who believe information contained in the records is inaccurate, misleading, or violates privacy rights of their child may request that the information be amended. If the public agency refuses to amend the record, the parent must be given the opportunity for a hearing to challenge the information. After the hearing, if the parent is still dissatisfied, the parent may place a written rationale in the child’s record explaining the objection to the information. This written explanation becomes part of the child’s record.
• Public agencies must inform parents prior to the destruction of information contained in the child’s record.
• Students are granted access, upon request, to their own records and receive all other rights of privacy afforded a parent after reaching 18 years of age or attending a school beyond the high school level.

School Site Confidentiality

1. 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.
2. 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.
3. 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.

Parent Request Procedures

1. 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.
2. 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.

Parent Appeal of Student Record

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.
1. 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.
2. 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.

Other Record or Information Requests

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:

1. 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.
2. 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 of Student Records

• 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 explained above
• Any records under contest cannot be destroyed until the issue has been resolved.

Communication over the Internet, including email and document sharing, is inherently insecure. Information shared over the Internet is always at risk, however, the following guidelines were designed to minimize breaches of confidentiality:

1. Saving and Sharing
   • Do not upload documents to any web-based program with the exception of the online IEP database or secure district drive.
   • Do not save confidential files to the desktop or hard drive of a shared or public computer.
2. Emailing
   • Whenever possible, use the phone or in-person communication to discuss sensitive or confidential student issues.
   • Ensure the recipient of the email has a legitimate educational need for the information.
   • Avoid putting personal identifiers such as student names in the subject line of an email.
   • Do not email confidential documents (e.g. IEPs, BIPs, etc).
   • When sending email, especially outside the district network, it is a good practice to code the student name (e.g. using initials) and omit as much personal information as possible.

Email is a part of the education record: As a shared form of communication to one or more recipients, any information about a student that is shared through email is considered to be part of a student’s education record, and must be provided to the parent/student if requested. When communicating through email or other electronic means regarding students, remember to use professional language and appropriate content.