Destruction of Pupil Records
The Governing Board of the District is required to retain indefinitely the original or an exact copy of mandatory permanent pupil records (Class 1 - Permanent Records) which schools have been directed to compile by California regulations; maintain for stipulated periods of time mandatory interim pupil records (Class 2 - Optional Records) until the information is no longer needed to provide educational services to a child and are retained until reclassified as Class 3 – Disposable Records, and then destroyed as per California regulations (5 CCR 432). Prior to destroying pupil records of a child who has received special education services, the IDEA requires parental notification when the District decides that personally identifiable information is no longer needed to provide educational services to a child. Once parents/guardians have been notified that personally identifiable information is no longer needed, they have the option of requesting access to and/or copies of pupil records prior to destruction, and to request that pupil records be destroyed, unless the District determines that the information could be needed to provide educational services in the future or is needed for auditing purposes (34 CFR 300.624, 5 CCR 1606). Unless classified as permanent records, all other pupil records are destroyed five years after the information is no longer needed to provide educational services (5 CCR 16027).
Release Of Directory Information (EC §49073)
The District has designated the following items as “Directory Information”: pupil’s name, address, telephone number, e-mail address, date of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil; not pictures. The District has determined that the following individuals, officials, or organizations may receive directory information: Any law enforcement agency to aid in crime investigation. Directory information may also be disclosed to outside organizations without your prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks; a playbill, showing your pupil’s role in a drama production; Honor roll or other recognition lists; graduation programs and sports activity sheets. However, no information may be released to a private profit-making entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations.
The names and addresses of pupils enrolled in grade 12 or who have terminated enrollment prior to graduation may be provided to a private school or college. No directory information regarding your child may be released if you notify the District that the information shall not be released. Please submit a written notice to the Principal of your child’s school if you wish to deny access to directory information concerning your child. Release of directory information of a homeless child or youth is prohibited unless 12 a parent or eligible pupil has given written consent that such information may be released.
Family Educational Rights And Privacy Act (“FERPA” 20 USC §1232g)
United States law set forth in FERPA grants parents certain rights with respect to their student’s records.
Model Notification of Rights for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are:
- The right to inspect and review the student's education records maintained by the school. These rights transfer to the eligible student when he/she reaches the age of 18 or attends a school beyond the high school level.
Parents or eligible students should submit to the School principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The School official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
- The right to request that a school correct the student's education records that the parent or eligible student believes are inaccurate or misleading.
Parents or eligible students who wish to ask the School to correct a record should write the School principal [or appropriate school official], clearly identify the part of the record they want corrected, and specify why it should be corrected. If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing. After the hearing, if the school still decides not to amend the records, the parent or eligible student has the right to place a statement with the records setting forth his/her view about the contested information.
- Generally, schools must have written permission from the parent or eligible student in order to release any information from a student’s education records. However, FERPA permits schools to disclose those records, without consent, to the following parties or under the following conditions,:
- School officials with legitimate education interest;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student's enrollment or transfer.
Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public private school attended by the student. However, schools must inform parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. School official must notify parents and eligible students annually of their rights under FERPA. The actual means of notification is left to the discretion of each school.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: