Salt Lake City School District                                                   
Administrative Procedures for Board Policy S-2

Title:                             Student Records, Privacy Rights, and Release Information
Index:                           S = Student Policies

References:                  Salt Lake City School District Board Policy S - 2

Procedures for Implementation:

1. General Procedures:
   1. A copy of the Annual Notice must be included in student registration packets.
   2. The Annual Notice will be printed in all student handbooks each year, posted on the Salt Lake City School District Web site, and otherwise widely distributed and available to parents.
   3. The Salt Lake City School District Student Information Military and College Recruiting Opt-Out Form must be included in high school registration packets and published in high school handbooks, posted on the Salt Lake City School District Web site and otherwise widely distributed and available to parents.
      
      
2. Denial of Release of Student Information:
   1. When a school receives either 1) a parent’s or eligible student’s (those over the age of 18 or who have been emancipated) written request to deny the release of their student’s directory information or 2) a signed Opt-Out form for a senior high school student, the school will enter the request into the student information system in a timely manner and in such a way that any employee being asked to provide student information may readily determine whether a request has been made to deny disclosure of the student’s information.
   2. When a parent or eligible student chooses the option of denying the release of their student’s directory information, they are opting out of the release of ALL designated information. Parents may not select items or circumstances under which some information may or may not be released.
   3. Once an eligible student or parent/guardian has made a request to deny the release of the student’s information the request will be effective in successive school years, unless changed in writing by the eligible student or parent/guardian.
   4. Each school must monitor each request to deny release of their students’ directory information to ensure that the request is honored.
   5. At the senior high school level, all requests for student names, addresses and telephone listings received from military recruiters or institutions of higher education will be referred to the Salt Lake City School District Director of Information Systems for a response.
   6. Before releasing student directory information, the Director of Information Services or school administration will verify to the best of their ability, that parental or eligible student’s requests to deny release of the student’s information have been correctly entered into the Student Information System.
   7. The district will not release directory information of any eligible student who has requested, or whose parent/guardian has requested, that the information not be released.
      
      
3. Requests to Review Student Records:
   1. Parents and legal guardians of students currently enrolled or eligible students may submit a written request to the school principal or designee to review or obtain copies of their student’s record.
   2. Before allowing a person access to student records, school personnel must verify the identity of the person making the request and then determine if the person has a right to access the information.
   3. The district designates certain student information as Directory Information. Such information may be released without parental consent; however, student information should not be released routinely on request from the public. School employees should contact Student Services or Student Information Systems if they have questions about requests they may receive.
   4. Access to school records under FERPA pertains only to official educational records, such as grades, attendance, and other information found in the cumulative file. It does not extend to classroom records held by an individual teacher, principal, counselor or other staff.
   5. Schools are not required to prepare special reports or to recreate lost or destroyed records to satisfy a request for student records.
   6. Copies of records must be provided to parents and students at a reasonable cost. Inability to pay reproduction costs may not prohibit access to the record itself.
   7. Requests for access to records should be granted in a timely manner; however, schools have up to 45 days to reply to a request.
   8. Schools must maintain a record of each request for access to, and each disclosure they make from, an education record.
   9. The record of access must include the names of parties who have requested or received information from the records and the reason for the request.
   10. A copy of the signed parent consent to release a record must be filed in the student’s cumulative folder.
   11. Schools are NOT required to keep a log or other record of access if the request is from, or the disclosure made to, any of the following:
       • The parent, guardian, or eligible student;
       • A properly designated school official for a legitimate educational purpose; or
       • A party seeking Directory Information.
         
         
4. Custody Issues and Non-Custodial Parent Requests for Information & Contact:
   1. Non-custodial parents have the right to access their students’ record unless the school is presented with a court order that prohibits the non-custodial parent from such access.
   2. Custodial parents may not prohibit the non-custodial parent’s access to their child’s record unless prohibited by court order.
   3. A non-custodial parent must make a written request to obtain their student’s educational record.
   4. Schools will not accept or honor any standing request for periodic release of records to non-custodial parents.
   5. Access to a student’s record granted to non-custodial parents does not include pin number access to their student’s electronic academic or attendance records. A school or the district will not disclose the student pin number to non-custodial parents.
   6. FERPA applies only to written educational records. It does not govern personal contacts, visits, or conferences.
   7. Typically parents do not visit children at school during school hours, regardless of whether the parent has custody. If a school permits parents to visit their child during school hours, and there is a court order regarding custody, a non-custodial parent may only have access to the child with the permission of the custodial parent or as specifically authorized in the court order.
   8. In all other respects, non-custodial parents have only those rights which any other member of the public may have. They do not have the right to attend parent-teacher conferences, consult with teachers, or visit with children during school hours, lunch, activity periods, or class. They may attend activities to which the general public is invited (unless contact is prohibited by legal order), but may not be given special access to the child on those occasions. Arrangements for participation in any of these activities and on-going communication about educational decisions about their child must be coordinated through the custodial parent and not the school.
   9. School staff is prohibited from writing letters of support for parents who are involved in legal custody disputes or proceedings, nor should they be acting as a mediator for custody disputes or visitation disagreements.
   10. In situations where legal custody cannot be verified or staff cannot determine who has legal authority over and access to the child, the school will:
       • Allow only the person who enrolled the student to un-enroll the student;
       • Contact a police officer or DCFS and release the student to one of them when parties are in conflict and cannot agree upon to whom the student may be released.
   11. If any person causes a disruption on a school campus, the principal has the legal authority to require disruptive parents or other adults to refrain from coming on to school property without making arrangements through him or her. Principals can deny such persons any access to school property if there is safety, annoyance or potential injury concerns (See Utah Code 53A-3-503). The principal should notify the person in writing of his or her decision about their access.
       
       
5. Requests to Amend Student Records:
   1. If a parent or guardian believes their student’s record contains information that is inaccurate, misleadingor in violation of the student’s right of privacy, he or she may request that the record be amended or corrected.
   2. Parents or guardians should submit a written request to the principal for a review of their student’s record. The parent should cite information they believe to be inaccurate, misleading or a violation of their child’s privacy rights and provide any documentation that supports their belief.
   3. The principal will review the record and gather more information which may include conferencing with the parents to clarify their concerns. The principal will render a decision within 20 school days of the receipt of the request.
   4. If a parent wishes to appeal the principal’s decision, he or she may send a written request for a hearing to the Director of Student Services within 10 school days of the principal’s decision.
   5. The Director of Student Services will refer the appeal to the district hearing officer who will conduct a hearing within 20 school days in which the parent has the opportunity to present evidence supporting their request that the record be changed.
   6. Parents may be assisted or represented by one or more individuals, including their attorney; however, parents must give advanced notice if they intend to bring legal counsel so that the district has the opportunity to have legal representation as well.
   7. The hearing officer will render a written decision within 20 school days. The decision will include a summary of the evidence and the reasons for the decision.
   8. If the decision is made to amend or correct the student’s record, the amendment will be made and the parent or guardian will be informed of the amendment in writing.
   9. The hearing officer determines that the record will not be changed; the parent or guardian may place a statement in the record commenting on the contested information and/or an explanation of why they disagree with the district’s decision.
      
      
6. Requests for Records by Subpoena or in an Emergency:
   1. Before releasing student information when subpoenaed by law (unless otherwise ordered in the subpoena not to), the school should notify the parent that their child’s record has been subpoenaed so that the parent has the opportunity to seek legal counsel to quash the subpoena.
   2. School officials may disclose student information to appropriate parties in an emergency situation, if the sharing of information is necessary to protect the health or safety of the student or others.
      
      
7. Notification and Requests to Review Materials under PPRA:
   1. Parents or guardians must receive notification at least two weeks before any survey, analysis or evaluation may be administered to students or any planned activities or class assignments are implemented if the content relates to one or more or the eight protected areas under PPRA.
   2. Parents or guardians must give written consent for their student to participate in any of the above named activities.
   3. School staff will provide appropriate consent forms to parents and will monitor student participation as per written parental consent.
   4. Parents or guardians may waive the two week minimum notification period.
   5. Parents or guardians will have access to and the opportunity to review any and all materials, surveys, assignments or evaluations if the content relates to any of the protected areas under PPRA.
      
      
8. Media Requests and Internet Safety:
   1. Unless the release of a student’s information has been denied as described in the Annual Notice, the
      student may be photographed or videotaped by news media during coverage of school events or programs.
   2. The Children’s Internet Protection Act (CIPA) mandates that school districts develop an Internet safety plan that protects students from the unauthorized disclosure, use, and dissemination of their personal information on the Internet. Please refer to Policy I-23, Web Page Publishing, and Policy I-18, Student Internet Acceptable Use, for more information, including procedures and release forms.
      

Approved by: McKell Withers
Date: 7/20/10