Student Records Privacy Policy

Student Records Privacy Policy

STUDENT RECORDS

Contents of Student Cumulative Files

  1. The student cumulative file for each student at David’s Star Evangelical Lutheran School will be kept in the school office.
  1. Classroom teachers will follow the directives of the “Student Records Policies and Procedures” as adopted by the School Board of David’s Star.
  1. The following items should be placed in the cumulative file folders:

a. copies of past report cards

b. printouts and sticky labels from the standardized testing programs

c. Kindergarten screening test

d. immunization record ( These are kept in a separate file in the office)

e. results of any psychological, intellectual, and/or physical testing that may have taken place

f. any important miscellaneous materials relating to the student deemed important and necessary to keep in the permanent record

g. school portraits of the student

h. copy of the student’s original enrollment form

  1. At the end of the student’s enrollment at David’s Star Evangelical Lutheran School, the school will forward the student’s file to the student’s next school. The principal of David’s Star is responsible for the record transfer according to guidelines of state and federal law.
  1. At the time the records are transferred, the original registration form and Record of Parent/Teacher Conference, copies of the immunization records, report cards issued at David’s Star, and results of the standardized tests are kept at David’s Star. All other materials are forwarded to the next school.
  1. Records that are kept by David’s Star Evangelical Lutheran School become the property of David’s Star and will be filed with the cumulative student files of former students. Release of these materials will follow the policies and procedures as laid out by the School Board of David’s Star Evangelical Lutheran School. These records are available to be released to the former students after they are legal adults and after they have been out of David’s Star for 10 years.

THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

· Parents or eligible students have the right to inspect and review the student's education records maintained by the school. 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.

· Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or 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 record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

Ø School officials with legitimate educational interest;

Ø Other schools to which a student is transferring;

Ø Specified officials for audit or evaluation purposes;

Ø Appropriate parties in connection with financial aid to a student;

Ø Organizations conducting certain studies for or on behalf of the school;

Ø Accrediting organizations;

Ø To comply with a judicial order or lawfully issued subpoena;

Ø Appropriate officials in cases of health and safety emergencies; and

Ø State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell 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. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339. Or you may contact us at the following address:

ACCESS TO STUDENT RECORDS

The following policy is adopted per section 99.6 of the regulations implementing the Family Educational Rights and Privacy Act of 1974 (FERPA).

DEFINITIONS: For the purpose of this document, the School Board of David’s Star Evangelical Lutheran School has used the following definition of terms:

1. Student - Any person who attends or has attended David’s Star Evangelical Lutheran School

2. Eligible Student - A student or former student who has reached age 18 or is attending a post-secondary school

3. Parent - Either natural parent of a student, a guardian, or an individual acting as a parent or guardian in the absence of the student’s parent/guardian

4. Educational Records - Any record (in handwriting, print, tapes, film, or other medium) maintained by David’s Star Evangelical Lutheran School which is directly related to a student, except:

a. A personal record kept by a staff member if it is kept in the sole possession of the executor of the record and is not accessible or revealed to other persons except a temporary substitute for the executor of the record

b. Records created and maintained in relation to local law enforcement agencies for law enforcement purposes

c. An employment record that is used only in relation to a student’s employment by David’s Star Evangelical Lutheran School

d. Alumni records which contain information about a student after he or she is no longer in attendance at David’s Star Evangelical Lutheran School and which do not relate to the person as a student.

ANNUAL NOTIFICATION

Parents will be notified of their Family Educational Rights and Privacy Act (FERPA) annually via the David’s Star Ev. Lutheran School Handbook Calendar which is distributed prior to the beginning of each school year.

PRODCEDURE TO INSPECT EDUCATIONAL RECORDS

1. Parents of students or eligible students may inspect and review the student’s education records upon request. Parents or eligible students must contact the principal of David’s Star Evangelical Lutheran School with a written request, which identifies as precisely as possible the records he or she wishes to inspect.

2. The principal of David’s Star Evangelical Lutheran School will arrange for access and notify the parent or eligible student of the time and place where the records may be inspected. This will be done within one week of the request.

3. When a record contains information about students other than the parent’s child or the eligible student, the parent or the eligible student may not inspect and review the portion of the record which pertains to other students.

DISCLOSURE OF EDUCATION RECORDS

1. David’s Star Evangelical Lutheran School will disclose information from a student’s education record only with written consent of the parent or eligible student, except:

§ To school officials who have a legitimate educational interest in the records. School officials include principal, teachers, support staff members, pastors, and current members of the School Board of David’s Star Evangelical Lutheran School, local School District special services personnel, school attorney, and health department officials.

§ A school official has a legitimate educational interest if the official is performing a task that is specified in his or her position description or by contract agreement.

§ Performing a task related to a student’s education.

§ Performing a task that is related to the discipline of the student.

§ Performing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.

§ To the official of another school, or upon request, in which a student seeks or intends to enroll.

§ To certain officials of the United States Department of Education, the Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.

§ In connection with the student’s request for or receipt of financial aid as necessary to determine eligibility, amount, or conditions of financial aid, or to enforce the terms and conditions of aid.

§ If required by a state law mandating disclosure that was adopted before November 19, 1974.

§ To organizations conducting certain studies for or on behalf of David’s Star Evangelical Lutheran School.

§ To accrediting organizations to carry out their functions.

§ To parents of an eligible student who claim the student as a dependent for income tax purposes.

§ To comply with a judicial order or a lawfully issued subpoena.

§ To appropriate parties in a health or safety emergency.

§ Directory information so designated by David’s Star Evangelical Lutheran School.

RECORD OF REQUEST FOR DISCLOSURE

1. David’s Star Evangelical Lutheran School will maintain a record of all requests for and/or disclosure of information from a student’s educational record.

2. This record will indicate the name of the party making the requests, any additional party to whom the student’s educational record may be redisclosed, and the legitimate interest the party had in requesting or obtaining the information.

3. This record may be reviewed by the parents or eligible student.

CORRECTION OF EDUCATIONAL RECORDS

1. Parents of eligible students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

a. Parents or eligible students must ask David’s Star Evangelical Lutheran School to amend a record. In doing so, 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.

b. David’s Star Evangelical Lutheran School may comply with the request or it may decide not to comply. If it decides not to comply, the principal will notify the parents or eligible student of the decision and advise them of their right to a hearing to challenge information believed to be inaccurate, misleading, or in violation of the student’s rights.

c. Upon request, the principal of David’s Star Evangelical Lutheran School will arrange for a hearing and notify the parents or eligible student, reasonably in advance of the date, time, and place of the hearing.

d. The hearing will be conducted by the chairman of the School Board of David’s Star Evangelical Lutheran School or his designated substitute. The parents or eligible student shall be afforded a full opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The parent or student may be assisted by one or more individuals, including an attorney.

e. David’s Star Evangelical Lutheran School 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 reasons for the decision.

f. If David’s Star Evangelical Lutheran School decides that their information is not accurate, misleading, or in violation of a student’s right of privacy, it will notify the parents or eligible student that they have the right to place in the record a statement commenting on the challenged information and/or statement setting forth reasons for disagreeing with the decision. This statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If David’s Star Evangelical Lutheran School discloses the contested portion of the record, it must also disclose this statement.

g. If David’s Star Evangelical Lutheran School decides that some information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the parents or eligible student, in writing, that the record has been amended.