Confidentiality

General Guidelines

Information from a student's educational record should be sent to third parties only by the appropriate educational record custodian and only on the basis of a written dated request by the student (18 years old) or parent (student under 18).

Information from a student's educational record should be shared within Upper Cape Tech only among appropriate "school officials" having "legitimate educational interests" in the records.

Access to a student's educational record by "school officials" is restricted to that portion of the record necessary for the discharge of assigned duties.

Guidelines for Faculty and Staff

1. Do refer requests for information from the educational record of a student to the proper educational record custodian.
2. Do keep only those individual student records necessary for the fulfillment of your teaching or advising responsibilities. Private notes of an instructor/staff member concerning a student and intended for instructor's/staff member's own use are not part of the student's educational record.
3. Do not display or post student scores or grades publicly in association with names, social security numbers, school ID, or other personal identifiers.
4. Do not put papers or reports containing student names and student information, including grades in publicly accessible places. Students are not to have access to information and grades of other students in the class.
5. Do not share student educational information, including grades, discipline, etc. with other faculty unless their official responsibilities identify their "legitimate educational interest" for that student. Certainly, never share educational information, including grades, discipline, etc., with other students in the classroom.
6. Do not share, by phone or correspondence, information from student educational records, including grades or discipline, including letters of recommendation, without written permisison from the student (18 years of age) or parent (under 18 years of age).
7. Do not make available to a third party, information from medical, psychiatric, or psychological reports; records from law enforcement officials, on or off campus; or notes of a professional or staff person which are intended for that individual alone.

For further information please read the following:

Code: Administrative Regulation 5125
Topic: Students

Student Records; Confidentiality
Custodian of Records

The Superintendent or designee is designated as the district custodian of student records.

1. The custodian is charged with districtwide responsibility for implementing Governing Board policies and administrative regulations relating to student records.

2. The custodian shall be responsible for security of student records and shall devise procedures for assuring that access to such records is limited to authorized persons.

3. The custodian of records or a designated certificated employee shall be responsible for interpretation of the records, where necessary, during inspection and for prevention of alternation, damage, or loss of the records and assure that persons who do not have assigned educational responsibility make entries in an access log (Code of Regulations, Title 5, 435(b)).

In each school, the principal, or a certificated employee designated by the principal, is the direct custodian of the records and is responsible for the implementation of Board policies and administrative regulations relating to student records maintained in that school. (Code of Regulations, Title 5, 431(b)).

Definitions

"Parent" means a natural parent, adoptive parent, or legal guardian. (Education Code 49061)

If parents are divorced or legally separated, only a parent having legal custody of the student may challenge the content of a record, offer a written response to a record or consent to release records to others. Either parent may grant consent if both parents notify the district, in writing, that such an agreement has been made. (Education Code 49061)

(cf. 5021 - Noncustodial Parents)

"Adult student" means a person who is or was enrolled in school and who is at least 18 years of age. (Code of Regulations, Title 5, Section 430)

Once a student reaches the age of 18 or attends a postsecondary school, he/she alone shall exercise rights related to his/her student records and grant consent for the release of records. (Education Code 49061)

"Access" means a personal inspection and review of a record, an accurate copy of a record or receipt of an accurate copy of a record, an oral description or communication of a record and a request to release a copy of any record. (Education Code 49061)

"Personally identifiable information" includes but is not limited to the student's name, the name of the student's parent or other family member, the address of the student or student's family, a personal identifier such as the student's social security number or student number, a list of personal characteristics or other information that would make the student's identity easily traceable. (34 CFR 99.3)

"Disclosure" means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records, to any party, by any means including oral, written or electronic means. (34 CFR 99.3)

"Student record" means any item of information, other than directory information, directly related to an identifiable student and maintained by the district or required to be maintained by a school employee in the performance of his/her duties whether recorded in handwriting, print, tapes, film, microfilm or by other means. The student record shall include the student's health record. (Education Code 49061, 34 CFR 99.3)

"Student record" means information relative to a student gathered within or without the school system. Any information maintained for the purpose of second party review is considered a student record. (Code of Regulations, Title 5, Section 430)

"Student record" shall not include informal notes about a student which a school employee keeps for private use and are not revealed to any other person except a substitute. (Education Code 49061)

"Eligible student" means a person 16 years or older or who has completed grade 10. (Title 5, Section 430)

"School officials and employees" are Board members, district certificated employees and district administrators.

A "legitimate educational interest" is one held by officials or employees whose duties and responsibilities to the district require that they have access to student records.

"Directory Information" means one or more of the following items: Student's name, address, telephone number, date and place 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 student (Education Code 49061).

Maintenance and Security of Student Records

1. Student permanent records are to be kept in the school of attendance for all students actively enrolled. Records shall be stored in locked file cabinets in administrative offices.

2. A record for each individual student shall be maintained in a central file at the school attended by the student, or when records are maintained in different locations, a notation shall be placed in the central file indicating where such records may be found (Code of Regulations, Title 5, 433(b)).

3. Each school principal shall keep on file a record of enrollment and scholarship for each student currently enrolled in that school (Code of Regulations, Title 5.)

4. All anecdotal information and assessment reports maintained as student records must be dated with full notation of day, month, and year and signed by the individual who originated the record (Code of Regulations, Title 5, 431(d)).

5. Permanent mandatory and interim records shall be forwarded to the new school of attendance upon written request.

6. The district records office shall fulfill requests and maintain the permanent mandatory records for grades K through 5. The middle schools shall fulfill requests and maintain the permanent mandatory records for 6 through 8; when the student becomes a 9th grader (by school year), then the permanent mandatory record is forwarded to the appropriate high school and is maintained in the category of non-grad, Class of . . . . (year would be graduated).

The high schools shall fulfill requests and maintain the permanent mandatory record for grades 9 through 12 until they are microfilmed three years after graduation or the year student would have graduated.

7. All Permanent Mandatory Records in the district shall be reclassified and microfilmed on a schedule determined by the district custodian of records. The microfilmed student records shall be retained in the district records office permanently, subject to any authorizations under Administrative Code, Title 5, Education, permitting microfilming, transfer or destruction.

8. It is the responsibility of the principal of each school to see that all permanent records are properly assigned, transferred, or stored.

Types of Records

The district shall maintain only the following three categories of records (Code of Regulations Title 5, 432(b)).

Mandatory Permanent Student Records are those records which are maintained in perpetuity and which schools have been directed to compile by California statue, regulation, or authorized administrative directive. Included are:

1. Legal name of student.

2. Date and place of birth.

3. Method of verification of birth date.

4. Sex of student.

5. Name and address of parent/guardian of minor student.

a. Address of minor student if different from the above.

b. Annual verification of the name and address of the parent/guardian's and student's residence.

6. Entering and leaving date of each school year and any summer session or other extra session.

7. Subjects taken during each year, half-year, summer session or quarter.

8. If given, the mark or number of credits towards graduation.

9. Verification of required immunizations or waiver.

10. Date of high school graduation or equivalent. (Code of Regulations, Title 5, 432 (b-1)).

"Mandatory Interim Student Records," which may be destroyed after stipulated periods of time, as per California statue or regulation. Included are:

1. A log identifying persons (except authorized school personnel) or agencies who request or receive information from the record. The log shall be accessible only to the legal parent/guardian, eligible student, dependent adult student, adult student or custodian of records.

2. Health information, including Child Health Development Disabilities Prevention Program verification or waiver.

3. Participation in special education programs, including required tests, case studies, authorizations, and actions necessary to establish eligibility for admission or discharge. (GATE, IEP'S, LEP certification).

4. Language training records.

5. Progress slips/notices required by Education Code 49066 and 49067.

6. Parental/guardian stipulations regarding access to directory information or other stipulations.

7. Parent/guardian or adult student rejoinders to challenged records and to disciplinary action.

8. Parental authorization or prohibitions of student participation in specific programs.

9. Results of standardized tests administered within the preceding three years (Code of Regulations, Title 5, 432(b-2)).

Permitted Records

Are student records currently useful for appropriate educational purposes. Included are:

1. Objective counselor/teacher ratings.

2. Standardized test results older than three years.

3. Routine disciplinary notices and data.

4. Verified reports of relevant behavior patterns.

Where requirements of the Federal Family Educational Rights and Privacy Act (20 USC 1232g) conflict with the California Education Code, the district shall comply with the requirements of the Education Code. (See HEW Regulation 99.61).

Retention and Destruction of Student Records

1. No additions except routine updating shall be made to a student's record after high school graduation or permanent departure without prior consent of the parent/guardian or adult student (Title 5, Section 437(a)).

2. Mandatory Permanent Student Records shall be kept in perpetuity (Title 5, 437(b)).

3. Unless forwarded to another district, Mandatory Interim Student Records may be destroyed during the third year following such classification after determining that their usefulness has ceased or that the student has left the district (Code of Regulations, Title 5, Section 437(D)).

5. Records shall be destroyed in a way that guarantees they will not be for public inspection in the process of destruction (Code of Regulations, Title 5, 437).

6. There shall be a yearly reclassification of student records for those who have withdrawn from the district or have graduated.

a. High schools: Records of graduates and non-graduates are to be kept at the high school site for three years following the date of graduation.

b. Middle schools: Records of students who have withdrawn from the district are transferred to the appropriate high school.

c. Elementary schools: Records of students who have withdrawn from the district without a transfer of records to another district are kept at the district records office.

7. Mandatory Permanent records and selected Mandatory Interim records (only the latest IEP when the student is 21 years of age) are to be microfilmed and the original records are to be destroyed by a bonded destroyer. The microfilmed record shall be permanently retained in the district records office, under the supervision of the district custodian of records.

Privacy

Procedures used to protect the privacy of student records shall meet the provisions of this policy, Education Code 49069 and 49073 through 49077. Personal data which includes identification by student name collected for surveys or other data-gathering activities shall be used solely by employees assigned to have access to the data and shall not be disseminated except as otherwise provided in these regulations.

Access to Student Records

The custodian of records shall be responsible for the security of student records and shall assure that access is limited to authorized persons. (Title 5, Section 433)

Access to parents shall be provided within five days, during school hours. (Education Code 49069)

Access to student records and information shall not be denied to a parent because he/she is not the child's custodial parent. (Family Code 3025)

Persons, agencies or organizations specifically granted access rights pursuant to state law shall have access without written parental consent or judicial order. (Education Code 49076)

Persons, agencies or organizations not afforded access rights may be granted access only through written permission of the adult student or the parent. (Education Code 49075)

Those granted access are prohibited from releasing information to another person or agency without written permission from the parent or adult student. (Education Code 49076)

Certificated personnel shall be available to interpret records where appropriate. (Title 5, Section 431)

Mandatory Access

The following persons or agencies shall have access to student records within five days following the date of request:

1. Natural parents, adoptive parents, or legal guardians of students younger than age 18. (Education Code 49069)

2. Adult students. (Education Code 49061)

3. Those so authorized in compliance with a court order or lawfully issued subpoena. (Education Code 49077) If lawfully possible, the district shall first give the parent or adult student three days' notice, telling who is requesting what records. (Code of Regulations, Title 5, Section 435)

The following persons or agencies shall have access to those particular records which are relevant to the legitimate educational interests of the requester: (Education Code 49076)

1. Natural parents, adoptive parents or legal guardians of a dependent student age 18 or older

2. Students 16 or older or who have completed the 10th grade

3. School officials and employees

4. School attendance and review board members

5. Officials or employees of other public schools or school systems where educational programs leading to high school graduation are provided

6. Federal, state and local officials, as needed for program audits or compliance with law

7. Any district attorney who is participating in or conducting a truancy mediation program

8. A prosecuting agency for consideration against a parent/guardian for failure to comply with compulsory education laws

9. Any probation officer or district attorney for the purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation

10. County child welfare services workers responsible for the case plan of a minor who is being placed in foster care. (Welfare and Institutions Code 16010)

Note: Education Code 49076.5 requires the district to provide designated peace officers with any information it has relating to the transfer of a particular student's records. This request can be made only when there is a probable cause that the student has been kidnapped and enrolled by the abductor in a school and when the agency has begun an active investigation. Law enforcement agencies must provide the district with a current list of officers authorized to request this information, and the request must be confirmed in writing before the district releases the information. No district or district employee can be held liable for the good faith release of such information.

Permitted Access

Parental consent is not required when information is shared with other persons within educational institutions, agencies or organizations obtaining access, so long as those persons have a legitimate interest in the information. (Education Code 49076)

The district may release information from student records to the following: (Education Code 49076)

1. Appropriate persons in an emergency if health and safety are at stake

2. Agencies or organizations in connection with student's application for financial aid

3. Accrediting associations

4. Organizations conducting studies on behalf of educational institutions or agencies, as limited by Education Code 49076

5. Officials and employees of private schools or school systems where the student is enrolled or intends to enroll, subject to the parental rights in Education Code 49068.

County elections officials may have access to information for the purpose of identifying students eligible to register to vote and offering such students an opportunity to register. (Education Code 49076)

Log

For each student's record, the school custodian of records shall keep a log identifying all persons, agencies or organizations requesting or receiving information from the record. The log does not have to be signed by: (Education Code 49064)

1. Parents/guardians or adult students

2. Students 16 years of age or older who have completed the 10th grade

3. Parties obtaining district-approved directory information

(cf. 5125.1 - Release of Directory Information)

4. Parties who provide written parental consent. In this case, the consent notice shall be filed with the record

5. School officials or employees who have legitimate educational interest

The log shall be accessible only to the legal parent or guardian, eligible student, adult student, dependent adult student, custodian of records and certain state/federal officials. (Education Code 49064, Title 5, Section 432)

Notification of Parents/Guardians (Education Code 49063)

Upon students' initial enrollment and at the beginning of each year thereafter, the district shall notify parents in writing of their rights related to student records. Insofar as practicable, these notices shall be written in the student's home language and also shall notify parents/guardians who are disabled. Parents also shall be notified that: (Education Code 49063, 34 CFR 99.7)

(cf. 5145.6 - Parental Notifications)

1. They may inspect and review student records during regular school hours

2. What types of student records are kept

3. The location of all official student records

4. The titles of the officials responsible for maintaining the records

5. The location of the log identifying those who request information from the records

6. District criteria for defining "school officials and employees" and for determining "legitimate educational interest"

7. District policies for reviewing and expunging student records

8. District procedures for challenging the content of student records

(cf. 5125.3 - Challenging Student Records)

9. The cost, if any, charged for reproducing copies of records

10. The categories of information defined as directory information pursuant to Education Code 49073

11. Any other rights and requirements set forth in Education Code 49060-49078, and the right of parents to file a complaint with the United States Department of Health, Education, and Welfare concerning an alleged failure by the district to comply with the provisions of Section 438 of the Federal Educational Rights and Privacy Act (20 USC 1232)

12. The availability of qualified certificated personnel to interpret records when requested (Education Code 49069)

13. The district forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll (34 CFR 99.34)

Reproduction of Student Records

To provide copies of any student record, the district shall charge a reasonable fee not to exceed the actual cost of furnishing copies. No charge shall be made for providing up to two transcripts or up to two verifications of various records for any former student. No charge shall be made to locate or retrieve any student record. (Education Code 49065)

Transfer of Student Records

When a student transfers to another school district or to a private school, this district shall forward a copy of his/her mandatory permanent records as requested by the other district or private school. The original or a copy shall be retained permanently by this district. (Code of Regulations, Title 5, Section 438)

Mandatory interim records shall be sent upon request to other California public school districts. Mandatory interim records may also be sent to out-of-state or private schools requesting them. (Title 5, Section 438)

Permitted records may be sent to any other public school district or private school. (Title 5, Section 438)

All student records shall be updated before they are transferred. (Title 5, Section 438)

If the student transfers into the district from any other school district or a private school, this district shall inform the parent of his/her right to receive a copy of the permanent record received from the former school. The parent also shall be informed of his/her right to have a hearing in which to challenge the contents of that record. (Title 5, Section 438)

Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or parent. (Title 5, Section 438)

If the district is withholding grades, diploma or transcripts from the student because of his/her damage or loss of school property, this information shall be sent to the requesting district along with the student's records.

(cf. 5125.2 - Withholding Grades, Diploma or Transcripts)

Parent Notification of Transfer

1. If the transfer is a within-state transfer, the receiving school shall notify the parents of the record transfer.

2. If the student transfer is out-of-state and the out-of-state school's request for the student's record has no indication or written request that the parent is aware of the transfer of records, this district shall notify the parent by sending the notification to the out-of-state school for parental signature to verify notification, prior to sending the record.

3. If the student transfers into the district from any other school district or a private school, this district shall inform the parent/guardian of his/her right to receive a copy of the permanent record received from the former school.

4. The notification shall include a statement of the parent/guardian right to review, challenge, and receive a copy of the student record, if desired. The parent/guardian shall also be informed of his/her right to have a hearing in which to challenge the contents of that record (Code of Regulations, Title 5, 438(a & b); Education Code 49070).

5. The right to challenge becomes the sole right of the student when the student becomes 18 or attends a postsecondary institution (Education Code 49061).

Reproduction of Student Record

Copies of any student record will be provided by the custodian of records. A mailing fee may be charged.

Withholding of Records

1. Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or parent/guardian (Code of Regulations, Title 5, 438(c)).

2. However, the schools in this district may withhold from the parent/guardian and/or student, the student record or may withhold the transferring of grades, diploma or transcript of record to a postsecondary school (non-school district), and/or third party (non-school district), and/or third party (non-school district), if the charges have been determined after due process to be the result of willful damage to school property (Code of Regulations, Title 5, 438(c); Education Code 48904).

3. The district shall withhold grades, diploma and transcripts from any student transferring into the district whose misconduct caused a pervious district to withhold them. When informed by the previous district that lawful compensation has been made, the district shall release these documents (Education Code 48904.3).

Challenging Content of Student Records

Following an inspection and review of a student's records the parent/guardian of an adult student may challenge the content of any student record (Education Code 49070).

1. The parent/guardian may file a written request with the Superintendent to correct or remove from his/her child's records any information concerning the child which is alleged to be:

a. Inaccurate

b. An unsubstantiated personal conclusion or inference.

c. A conclusion or inference outside of the observer's area of competence.

d. Not based on the personal observation of a named person with the time and place of the observation noted (Education Code 49070).

2. Within 30 days of the receipt of the request, the Superintendent or designee shall meet with the parent/guardian and with the employee (if still employed) who recorded the information in question. The Superintendent or designee shall sustain or deny the allegations. At his/her expense, the parent or eligible student may be represented by counsel or other individuals. The right to a hearing does not preclude attempts to settle disputes by informal means.

3. If the allegations are sustained, the Superintendent or designee shall order the correction or removal and destruction of the information (Education Code 49070).

4. If the Superintendent or designee denies any or all of the allegations and refuses or order the correction or the removal of the information, the parent/guardian may, within 30 days of the refusal, appeal the decision in writing to the district governing board.

a. Within 30 days of the receipt of the written appeal, the Board shall meet in closed session with the parent/guardian and the employee (if still employed) who recorded the information in questions. The Board shall then decide whether or not to sustain or deny the allegations. The decision of the governing board shall be final.

b. If the Board sustains any or all of the allegations, the Superintendent shall immediately correct or remove and destroy the information from the student's written record (Education Code 49070).

c. Records of the administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the governing board unless the parent or guardian initiates legal proceedings relative to the disputed information.

5. If the final decision of the Board is favorable to the parent/guardian, or if the parent/guardian accepts an unfavorable decision by the district Superintendent, the parent/guardian shall have the right to submit a written statement of objections. This statement shall become a part of the student's record until such time as the information in question is removed (Education Code 49070).

6. Before any student's grade is changed either by the Superintendent or at the decision of the governing board, the teacher who gave that grade shall be given the opportunity to say why the grade was given. Insofar as practicable, the teacher shall be included in all discussion related to the grade change (Education Code 49070).

7. Whenever there is information concerning disciplinary action taken by district personnel included in the student record, the parent/guardian may include a written statement or response concerning the disciplinary action in the student record (Education Code 49072).

8. Both the Superintendent and the Board have the option of appointing a hearing panel to assist in the decision making. The hearing panel may be used at the discretion of the Superintendent or the Board, provide that the parent/guardian consents to releasing record information to panel members (Education Code 49071).

Release of Directory Information (Education 49061 and 49073)

At the beginning of each school year, all parents/guardians shall be notified as to what directory information may be released regarding any student or former student. Directory information shall not be released regarding any student whose parent/guardian notifies the district in writing that such information may not be disclosed (Education Code 49073).

1. The following student information is declared to be directory information:

a. Name;

b. Address;

c. Date and place of birth;

d. Telephone number;

e. Attendance dates;

f. Major field of study;

g. Participation in recognized activities and sports;

h. Height and weight of athletic team members;

i. Award and degrees received;

j. Previous school attended.

2. Directory information may be released to the following:

a. Approved grantors of honors, scholarships, and non-financial awards;

b. News media;

c. Accredited universities and colleges;

d. Present or potential employees of current students enrolled in work study/work experience programs;

e. California Interscholastic Federation;

f. Parent-teacher organizations;

g. Federal, state, county and local agencies in pursuit of duties involved with health, safety and welfare;

h. Name and addresses of senior students only for Armed Forces recruiting purposes unless the form "Armed Forces Information Exemption" is on file in the district records office;

i. Verification of graduation date only to profit making prospective employers of former students.

j. Telephone numbers shall be released only with express parental consent.

3. Under no circumstances shall directory information be disclosed to a private profit-making entity other than employers, prospective employers, and representative of the new media. Based on its determination of the best interest of the student, the district may limit or deny the release of specific directory information to any public or private non-profit organization (Education Code 49073).

4. Private schools and colleges may be given the names and addresses of 12th grade students and students who are no longer enrolled provided it is not used for other than purposes directly related to academic or professional goals (Education Code 49073).

5. The district may not purposefully deny military services representatives access to directory information. Military services shall have access to student

Equal Educational Opportunity
Upper Cape Cod Regional Technical School admits students and makes available to them high school advantages, privileges and courses of study without regard to race, color, religion, national origin, sexual orientation, gender or disability.