GUIDELINES FOR MAINTENANCE AND
CONFIDENTIALITY OF STUDENT RECORDS
Types of Records
1. Progress Records
Progress records maintained by the school for an individual student may include a statement of courses, grades, immunization records, and attendance record. Those student records which include, but are not necessarily limited to: standardized achievement tests, mental maturity tests, personality evaluations, evaluations of educational needs, physical health records other than the student's immunization records, teacher evaluations other than grades (e.g. progress reports), and statements with foundation relating to a student's behavior. The administrator will review each item placed in the file for objectivity.
2. Behavioral Records
Those student records which include, but are not necessarily limited to: standardized achievement tests, mental maturity tests, personality evaluations, evaluations of educational needs, physical health records other than the student's immunization records, teacher evaluations other than grades (e.g. progress reports), and statements relating to a student's behavior.
3. Student Directory Data
Student directory data shall be defined by school level as set forth below.
a. For school purposes, directory data mean those written student records which include the student's name, address, telephone listing, and the name of the school most recently previously attended by the student.
4. Student Health Care Records
Records that include basic health information about a student, 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 determined by the State Superintendent of Public Instruction.
All student records maintained in the Friess Lake School District shall be confidential with the following exceptions:
1. Upon written request, the parent or guardian of a minor student shall be shown and provided with a copy of the student's progress records.
2. Upon written request the parent or guardian of a minor student, shall be shown the student's progress and behavioral records in the presence of a person qualified to explain and interpret the records. Upon request, such person shall be provided with a copy of the progress and behavioral record within five (5) school days.
3. Upon written request, the judge of any court of this state or of the United States shall be provided by the school district clerk with a copy of all progress records of a student who is the subject of any proceeding in such court.
4. Student records may be made available to persons employed by the district who are required by the Department of Public Instruction (DPI) to hold a certificate, license or permit and to other school district officials who have been determined by the district administrator to have legitimate educational interests.
5. Noncustodial parents are to be given access to student records in the same manner as custodial parents unless the noncustodial parent has been legally denied visitation rights.
6. Upon the written permission of the parent or guardian of a minor student, the school shall make available to the person named in the written permission, the student's progress records or such portions of his/her behavioral records as determined by the person authorizing the release.
7. Student records shall be provided to a court in response to a subpoena by parties to an action for in camera inspection, video tape depositions or photo copies to be used only for purposes of impeach-ment of any witness who has testified in the action. The court may turn said records or parts thereof over to parties in the action or their attorneys if said records would be relevant and material to a witness's credibility or competency.
The school board may provide the DPI or any public officer with any information required to be maintained under Chapters 115 to 121 of the statutes. The school
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. Information reported shall be kept confidential by the DPI. Notwithstanding their confidential status, student records may be used in suspension and expulsion proceedings and by the IEP team under Chapter 115 of the statutes.
9. Information from student immunization records shall be made available to state and local health officials to carry out state immunization requirement.
10. Student Directory Data. Directory data may be disclosed to any person, if the school has given public notice of the categories of information which it has designated as directory data with respect to each student and has allowed a reasonable time thereafter for the parent, legal guardian, or guardian ad litem of any student to inform the school that all or any part of the directory data may not be released without the prior consent of the parent, legal guardian or guardian ad litem. Questions concerning directory data should be handled on an individual basis.
11. Any record that concerns the results of a test for the presence of HIV or antibody to HIV (the virus which causes acquired immune deficiency syndrome - AIDS) shall be confidential and may be disclosed only with the informed written consent of the test subject or his/her parent or guardian. All other student records relating to a student's physical health which are not included in the definition of student physical health care records as outlined above shall be treated as patient health care records in accordance with state law.
12. A school board may disclose personally identifiable information from an adult student's records to the student's parent(s) or guardian, without the adult student's written consent, if the adult student is a dependent of his/her parent(s) or guardian
under 26 USC 152. An exception shall be made when an adult student has informed the school, in writing, that the information may not be disclosed.
13. A school board shall disclose a student's records in compliance with a court-ordered educational program after making a reasonable effort to notify the student's parent(s) or guardian.
The district administrator/designee shall have primary responsibility for maintaining the confidentiality of all student records kept at the school. All requests for inspection or for transfer of records should be directed to the district administrator who will determine whether inspection or transfer is permitted. The district administrator shall be present to interpret behavioral records when inspection is made under paragraph (2) above. Access
to records shall be given within 45 days of receipt of the request; a record of all requests shall be maintained.
Parents have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. These are the procedures for the correction of records:
1. Parents must ask the district administrator to amend the record. In so doing, they should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading, or in violation of the student's privacy or other rights.
2. The district administrator may comply with the request or it may decide not to comply. If he/she decides not to comply, the district will notify the parents of the decision and advise them of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights. This option may also be given prior to a hearing.
3. Upon request, the district administrator will arrange for a hearing, and notify the parents, reasonably in advance, of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a impartial party; however, the hearing officer may be an official of the district. The parents will be afforded a full and fair opportunity to present evidence relevant to the
issues raised in the request to amend the student's education records. One or more individuals may assist the parents, including an attorney.
5. The hearing officer will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reason for the decision.
6. If the district decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the parents that they have a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision. This option may also be given prior to a hearing. The statement will be maintained
as part of the student's education records as long as the contested portion is maintained. If the district discloses the contested portion of the record, it will also disclose the statement.
7. If the district decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the parents, in writing, that the record has been amended.
Maintenance and Destruction of Records
While students are attending school, their records will be maintained in the school of attendance. When the student ceases to be enrolled in the school operated by the district, the student’s records will be forwarded to the new school district office.
Records that are maintained in the school office when the student ceases to be enrolled shall be maintained as follows:
1. All behavioral records will be destroyed one year after the date the student graduated from or last attended the school unless the student gives permission for the records to be maintained for a longer period of time. Where such written permission is received, behavioral records will be destroyed five (5) years after the date the student graduated from or last attended the school.
2. Progress records will be kept five (5) years after the date the student graduated from or last attended the school, except a record of grades and attendance is to be kept permanently.
Transfer of Records
Student records relating to a specific student shall be transferred to another school district, within five (5) working days, upon receipt of written notice from the parent or guardian of a minor student that the student intends to enroll in a school in another school district; from the other school district in which the student has enrolled; or from a court that legal custody of the student has been transferred to the Department of Corrections for placement in a juvenile correctional facility.
Copies of student records may be shared with the parent or guardian upon written request, but the district administrator's office may only transfer the original record to the receiving school.
Annual Notice of Student Records Policy and Procedures
Parents, guardians and students will be notified annually of the following:
1. Their rights to inspect review and obtain copies of student records.
2. The existence of the student records policy and procedures and where copies can be obtained.
3. The categories of student records information that has been designated as directory data and their right to deny the release of such information.
4. Their right to file a complaint with the Family Policy and Regulations Office of the U.S. Department of Education.
The policies set forth herein are intended to comply with state and federal law in effect at the time of the implementation of this policy. Superceding state and federal laws controls this policy.
LEGAL REFERENCE: WISCONSIN STATUTES
46.215 County Department of Social Services in Populous
46.22 County Social Services
46.23 County Department of Human Services
49. Public Assistance
115.85(4) Children with Disabilities
118.125 Pupil Records
118.126 Privileged Communications
146.81(1) Health Care Records
146.83 Health Care Records
343.305 Operators' Licenses-Tests for Intoxication; Administrative Suspension and Court-Ordered Revocation
767.24(7) Actions Affecting The Family-Custody and Physical Placement
26 USC 152
Family Educational Rights and Privacy Act
Approved: July 20, 2000
FRIESS LAKE SCHOOL DISTRICT