For the purposes of this policy, the term "education records" means those records, files, documents, and other materials that contain information directly related to a student and are maintained by an education agency or institution or by a person acting for such agency or institution.

The term "education records" does not include:

1. Records that contain only information about a student after he or she is no longer a student in the District.

2. Records made by District personnel that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to anyone other than a temporary substitute for the maker of the record.

3. Records maintained by a law enforcement unit of the District that were created by that law enforcement unit for the purpose of law enforcement.

20 U.S.C. 1232g; 34 CFR 99.3

The principal of each school shall maintain records of screening for special senses and communication disorders, spinal screening, and acanthosis nigricans screening for each student in the school. Records shall be open for inspection by the state or local health department. The Texas-Mexico Border Health Coordination Office may, directly or through local health departments, enter a school and inspect records relating to screening for acanthosis nigricans. Individual screening records may be transferred among schools in accordance with provisions below concerning ACCESS BY OTHER PERSONS. 20 U.S.C. 1232(g); Health Code 36.006, 37.003, 95.004; 25 TAC 37.148(n), 37.149(a) [See FFAA]

The District shall maintain an individual immunization record during the period of attendance for each student admitted. The records shall be open for inspection at all reasonable times by the Texas Education Agency or by representatives of local health departments or the Texas Department of Health. The District shall cooperate with other districts in transferring student's immunization records between other schools. Specific approval from students, parents, or guardians is not required prior to making such record transfers. Education Code 38.002 [See FFAB]

The parent or guardian of a student is entitled to access to the student's medical records maintained by the District. On request of a student's parent or guardian, the District shall provide a copy of the student's medical records to the parent or guardian. The District may not impose a charge that exceeds the amount authorized by Section 552.261 of the Government Code [see GBA(EXHIBIT)]. Education Code 38.0095

The District shall use the academic achievement record (transcript) form adopted by the State Board. This form shall serve as the academic record for each student and shall be maintained permanently by The District. Copies of the record shall be made available to students transferring to another district. The information may be provided to the student or to the receiving district or to both. The District shall respond promptly to all requests for student records from receiving districts. 19 TAC 74.14(b) [See El]

Access to the education records of a student who is or has been in attendance at a school in the District shall be granted to the parent of the student who is a minor or who is a dependent for tax purposes. "Parent" includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. 34 CFR 99.3(b), 99.31(a)(8)

The District shall presume that a parent has authority to inspect and review the student's records unless it has been provided with evidence that there is a court order, state statute, or legally binding document that specifically revokes these rights. A court may order the custodian of records to delete all references in a child's record; to the place of residence of either party appointed as conservator before their release to another party appointed as conservator. 34 CFR 99.4; Family Code 153.012, 153.073

A parent is entitled to access to all written records of the District concerning the parent's child, including attendance records, test scores, grades, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information, teacher and counselor evaluations, and reports of behavioral patterns. Education Code 26.004

Whenever a student has attained 18 years of age or is attending an institution of postsecondary education, the rights accorded to, and consent required of, parents transfer from the parents to the student. 34 CFR 99.5

If material in the education record of a student includes information on another student, only the portion of the material relating to the student whose records were requested may be inspected and reviewed. 34 CFR 99.12(a)

Upon request of a properly qualified individual, access to a student's education record shall be granted within a reasonable period of time, not to exceed 45 days. The District shall respond to reasonable requests for explanations and interpretations of the records. 34 CFR 99.10

Personally identifiable information in education records shall not be released without the written consent of the student's parents, except to the following:

1. School officials, including teachers, who have legitimate educational interests. An administrator, nurse, or teacher is entitled to access to a student's medical records maintained by the District for reasons determined in District policy. Education Code 38.009 [See DMA]

2. Officials of other schools or school systems in which the student seeks or intends to enroll, provided that the District either:

1. Includes in its policies a statement that notifies the parent or student that it forwards education records on request of the other school to such officials; or

2. Makes a reasonable attempt to notify the parent (unless the record transfer is initiated by the parent).

3. Authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of Education, or state and local educational authorities who require access to student or other records necessary in connection with the audit and evaluation of federal- or state-supported education programs or in connection with the enforcement of or compliance with federal legal requirements that relate to such programs. 34 CFR 99.31, 99.35

4. Personnel involved with a student's application for, or receipt of, financial aid.

5. State and local officials to whom such information is specifically allowed to be reported or disclosed by state statute adopted:

1. Prior to November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and its ability to effectively serve the student whose records are released, or

2. After November 19, 1974, if:

1. The allowed reporting or disclosure concerns the juvenile justice system and its ability to effectively serve, prior to adjudication, the student whose records are released; and

2. The officials and authorities to whom such information is disclosed certify in writing to the District that the information will not be disclosed to any other party except as provided under state law without the prior written consent of the parent of the student. 20 U.S.C. Sec. 1232g (b)(1)(E)

6. Organizations conducting studies for educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. Such studies must be conducted so that personal identification of students and their parents will not be revealed to persons other than authorized personnel of the organizations conducting the studies. Such information must be destroyed when no longer needed for the original purposes of the studies.

7. Accrediting organizations that require the information for purposes of accreditation.

8. Parents of a student who is a dependent for tax purposes.

9. Appropriate persons who, in an emergency, must have such information in order to protect the health or safety of the student or other person.

10. Any person requesting directory information after the District has given public notice of that definition. 34 CFR 99.31, 99.37

The parent shall provide a signed and dated written consent before the District discloses personally identifiable information from a student's education records to any individual, agency, or organization other than the parent, the student, or those listed above. Such consent shall specify records to be released, the reason for such release, and to whom the records are to be released.

34 CFR 99.30, 99.31

The District shall release student records to an entity or persons designated in a subpoena. The District shall not disclose to any person the existence or contents of the subpoena if a court orders the District to refrain from such disclosure. Unless the court or other issuing agency orders the District to refrain from such disclosure, the District shall notify the parents and the student of all such subpoenas in advance of compliance. 20 U.S.C. 1232g(b)(1)(J), (b)(2)(B)

Personal information from student education records shall be transferred to a third party only on the condition that such party will not permit any other party to have access to such information without the written consent of the student's parent. If a third party permits access to information in violation of this policy, the District shall not permit access to information from education records to that third party for a period of not less than five years. 20 U.S.C. 1232g(b)(4)(B)

Each school shall maintain a record, kept with the education record of each student, that indicates all individuals, agencies, or organizations that have requested or obtained access to a student's education records. The records shall include at least the name of the person or agency that made the request and the legitimate interest the person or agency had in the information. The record will be maintained as long as the District maintains the student's education record. The record of access shall be available only to parents, school officials responsible for custody of the records, and those state, local, and federal officials authorized to audit the operation of the system. 20 U.S.C. 1232g

The record shall not include requests for access by, or access granted to, parents of the student or officials of the District, requests accompanied by prior written consent of the parent, or requests for directory information. 34 CFR 99.32

The parent of a student whose records are covered by this policy may ask the District to amend the student's record if the parent believes it contains information that is inaccurate, misleading, or in violation of the student's right of privacy or other rights. If the District decides not to amend the education records requested, it shall inform the parent of its decision and his or her right to a hearing to challenge the content of the student's education records.

If the District decides to amend the records as a result of the hearing, it shall inform the parent in writing. If, as a result of the hearing, the District decides not to amend the records, it shall inform the parent of the right to place a statement in the records commenting on the contested information and/or stating why the parent disagrees with the decision of the District. Any explanation shall be maintained with the contested part of the record for as long as the record is maintained and shall be disclosed whenever the contested portion of the record is disclosed.

34 CFR 99.20, 99.21

"Directory information" means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes, but is not limited to, the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, dates of attendance, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, honors and awards received, and the most recent educational agency or institution attended.

The District may release information if it has given public notice of:

1. The types of personally identifiable information that it has designated as directory information.

2. The right of the parent to refuse to permit the District to designate any or all of that information about the student as directory information.

3. The period of time within which the parent must notify the District in writing that he or she does not want any or all of those types of information about the student designated as directory information.

34 CFR 99.3, 99.37

Notwithstanding the DIRECTORY INFORMATION provisions above, each district receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students' names, addresses, and telephone listings.

A secondary school student or the parent of the student may request that the student's name, address, and telephone listing described above not be released without prior written parental consent, and the District shall notify parents of the option to make a request and shall comply with any request.

No Child Left Behind Act of 2001 Sec. 9528, Pub. L. No. 107-110, 115 Stat. 1983 (2002) (to be codified at 20 U.S.C. 7908)

No fee shall be charged to search for or to retrieve the education records of a student. A fee may be charged for copies of education records that are made for the parents or students under this policy provided that the fee does not effectively prevent them from exercising their right to inspect and review those records. Hardship cases shall be dealt with on an individual basis. 20 U.S.C. 1232g; 34 CFR 99.11; Education Code 26.012

In addition to policies applicable to all student records, the following guidelines shall apply when parents of a student with disabilities request to review or inspect District records relating to the education of their child:

1. Parents may request that a representative inspect and review the records. 34 CFR 300.562(b)(3)

2. The District shall comply with a request without unnecessary delay and before any meeting regarding an individualized education program (IEP) or hearing relating to the identification, evaluation, or placement of the child. 34 CFR 300.562(a)

3.  The District shall keep a record of persons obtaining access to these student records (except access by parents and authorized employees), including name, date of access, and the purpose for which the person is authorized to use the records. 34 CFR 300.563

The District employee must obtain written consent of a parent before the employee may make or authorize a videotape of a child or a recording of a child's voice. Education Code 26.009(a)(2) [See EHA, FM, and FO for exceptions]

The District shall protect the confidentiality of personally identifiable information in collection, storage, disclosure, and destruction of records. One official in the District shall assume responsibility for ensuring confidentiality of personally identifiable information. All persons collecting or using this information shall receive training or instruction concerning the legal requirements involved in handling these records. The District shall maintain for public inspection a current listing of the names and positions of employees who may have access to this information. 34 CFR 300.572

The District shall retain education records of students with disabilities for at least five years after the student's graduation or dismissal from special education. 34 CFR 75.734

The District shall inform parents when personally identifiable information collected, maintained, or used to provide special education and related services is no longer needed to provide educational services to the student. Such information shall be destroyed at the request of the parents, unless the five-year retention period has not expired. In that case, personally identifiable information shall be deleted from the records, but they shall not be destroyed.

A permanent record of the student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

34 CFR 300.573, 75.734

Upon receipt of confidential notice from a law enforcement agency that it has arrested a student or referred a student to the juvenile board for any felony offense or other specified offense [see GRA], the Superintendent shall promptly notify all instructional and sup-port personnel who have responsibility for supervising the student. All personnel shall keep the information received confidential.

The Superintendent or a person designated by the Superintendent may send the information in the notice to a District employee having direct supervisory responsibility over the student if the Superintendent or designee determines that the District employee needs the information for educational purposes or for the protection of the person informed or others.

When the Superintendent or designee receives information from a prosecuting attorney of a student's conviction or adjudication of delinquent conduct for a felony offense or other specified offense, the Superintendent or designee shall promptly notify all instructional and support personnel who have regular contact with the student.

Code of Criminal Procedure 15.27(a)-(d), (h)

A person who receives information described above shall not disclose it except as specifically authorized by Article 15.27. Code of Criminal Procedure 15.27(a)-(d)

Information received by the District under this provision shall not be attached to the permanent academic file of the student who is the subject of the report. The District shall destroy the information at the end of the academic year in which the report was filed. Education Code 37.017

When a request for a flagged record is made in person, the school may not advise the requesting party that the request concerns a missing child and shall:

1. Require the person requesting the flagged record to complete a form stating the person's name, address, telephone number, and relationship to the child for whom a request is made, and the name, address, and birth date of the child;

2. Obtain a copy of the requesting party's driver's license or other photographic identification, if possible;

3. If the request is for a birth certificate, inform the requesting party that a copy of a certificate will be sent by mail; and

4. Immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and include a physical description of the requesting party, the identity and address of the requesting party, and a copy of the requesting party's driver's license or other photographic identification.

After providing the information listed above, the school shall mail a copy of the requested record to the requesting party on or after the 21st day after the date of the request.

On the return of a missing child under 11 years of age, the law enforcement agency shall notify each school that has maintained flagged records for the child that the child is no longer missing. On receipt of this notification, the school shall remove the flag from the records.

A school that has reason to believe that a missing child has been recovered may request confirmation that the missing child has been recovered from the appropriate law enforcement agency or the missing children and missing persons information clearinghouse. If a response is not received after the 45th day after the date of the request for confirmation, the school may remove the flag from the record and shall inform the law enforcement agency or the missing children and missing persons information clearinghouse that the flag has been removed.

Human Resources Code 79.019–79.020