5020 - (JRA-R) Procedure on Student Records and Access

Directory Information. Parents/eligible students will be given until October 1, to notify the
District in writing of any or all directory information items that they refuse to permit the
District to release or disclose. Notice from a parent/eligible student that any or all directory

information shall not be released and will only be valid for that school year and must be re-
issued each school year.

 

Annual Notification/Rights of Parents and Eligible Students. Within the first three
weeks of each school year, the District will publish notice to parents and eligible students of
their rights under State law, Federal law, and policy JRA. Acknowledgement by
parent/eligible student will be required annually. The notice will include:

1. The rights of parents or eligible students to inspect and review the student’s
education records;
2. The intent of the District to limit the disclosure of information in a student’s record,
except: (a) by the prior written consent of the parent or eligible student; (b) as
directory information; or (c) under certain, limited circumstance, as permitted by law;
3. The right of a student’s parents or an eligible student to seek to correct parts of the
student’s educational records which he/she believes to be inaccurate, misleading, or
in violation of student rights; this includes a hearing to present evidence that the
records should be changed if the District decides not to alter them according to the
parent’s or eligible student’s request;
4. The right of any person to file a complaint with the United States Department of
Education if the District violates FERPA; and
5. The procedure that a student’s parents or an eligible student should follow to obtain
copies of this policy.

Procedure to Inspect Education Records. Since a student’s records may be maintained
in several locations, the school Principal may offer to collect copies of records or the
records themselves from locations other than a student’s school, so that they may be
inspected at one site. If parents and eligible students wish to inspect records where they
are maintained, school Principals will determine if a review at that site is reasonable

Although not specifically required, in order that a request is handled in a timely manner,
parents/eligible students should consider submitting their request in writing to the school
Principal, identifying as precisely as possible the record or records that he/she wishes to
inspect. The Principal will contact the parents or the eligible student to discuss how access
is best arranged for their inspection or review of the records (copies, records brought to a
single site, etc.).

The Principal will make the needed arrangements as soon as possible and notify the parent
or eligible student of the time and place where the records may be inspected. This
procedure must be completed within fourteen (14) days that the request for access is
first made. Note: the fourteen (14) day limit is required under New Hampshire RSA
189:66, IV, in contrast to the forty-five (45) day period otherwise allowed under FERPA.

If for any valid reason such as the parent’s working hours, distance between record location
sites or the parent or student’s health, a parent or eligible student cannot personally inspect
and review a student’s education records, the Principal may arrange for the parent or
eligible student to obtain copies of the records.

When records contain information about students other than a parent’s child or the eligible
student, the parent or eligible student may not inspect and review the records of the other
students. If such records do contain the names of other students, the Principal will seek
consultation with the Superintendent and/or the District’s attorney to determine how best to
proceed. Where practicable, it may be necessary to prepare a copy of the record
which has all personally identifiable information on other students redacted, with the
parent or eligible student being allowed to review or receive only a copy of the
redacted record. Both the original and redacted copy should be retained by the
District.

 

Seeking To Correct Education Records. To establish an orderly process to review and
correct (amend) the education records for a requester, following processes are established.

1. First-level decision. When a parent or eligible student finds an item in the student’s
education records that he/she believes is inaccurate, misleading or in violation of
student rights, he/she should submit a written request asking the building Principal to
correct it. If the records are incorrect because of clear error and it is a simple matter to
make the change, the Principal should make the correction. If the records are changed
to the parent’s/eligible student’s satisfaction, both parties shall sign a document/form
stating the date the records were changed and that the parent/eligible student is
satisfied with the correction.

If the Principal believes that the record should not be changed, he/she shall:

 

a. Provide the requester a copy of the questioned records at no cost;
b. Ask the parent/eligible student to initiate a written appeal of the denial of the
request for the change, which will be forwarded to the Superintendent;
c. Forward the written appeal to the Superintendent; and
d. Inform the parents/eligible student that the appeal has been forwarded to the
Superintendent for a decision.

 

2. Second-level decision. If the parent/eligible student wishes to challenge the
Principal’s decision to not change the student record, he/she may appeal the matter to
the Superintendent. The parent/eligible student shall submit a written request to the
Principal asking that the matter be appealed to the Superintendent. The Principal will
forward the appeal to the Superintendent.

The Superintendent shall, within ten (10) business days after receiving the appeal:

e. Review the request;
f. Discuss the request with other school officials;
g. Make a decision whether or not to make the requested correction to the
educational record;
h. Schedule a meeting with the parents/eligible student if the Superintendent
believes such a meeting would be necessary; and
i. Notify the parents/eligible student of the Superintendent’s decision on their
request to correct the student’s educational record.

 

 

3. If the Superintendent determines the records should be corrected, he/she will make
the change and notify the parents/eligible student in writing that the change has been
made. The letter stating the change has been made will include an invitation for the
parent/eligible student to inspect and review the records to verify that the records have
been corrected and the correction is satisfactory. If the records are changed to the
parent’s/eligible student’s satisfaction, both parties shall sign a document/form stating
the date the records were changed and that the parent/eligible student is satisfied with
the correction.

If the Superintendent determines the records are will not be corrected, he/she will notify
the parents/eligible student in writing of his/her decision. Such letter will also notify the
parents/eligible student of their right to an appeal hearing before the School Board.

 

4. Third-level decision. If the parents or eligible student are not satisfied with the
Superintendent’s decision, they may submit a written request for a hearing before the
School Board. The parents/eligible student shall submit the request for a hearing with
the Superintendent within ten (10) business days of the date of the Superintendent’s
written decision in level-two. The Superintendent will inform the School Board of the
request for a hearing and will work with the School Board to schedule a hearing within
forty five (45) days of receipt of the request. Once the meeting is scheduled, the
Superintendent will inform the parents/eligible student in writing of the date, time and
place of the hearing.

The hearing will be held in non-public session consistent with the provisions of RSA 91-
A:3, unless the parent/eligible student requests that the hearing be held in public
session. The School Board will give the parent/eligible student a full and fair opportunity
to present evidence relevant to the issues raised under their request. The
parents/eligible students may be assisted or represented by one or more individuals of
their own choice, including an attorney.

The School Board will issue its final decision in writing within thirty (30) days of the
hearing, and will notify the parents/eligible student thereof via certified mail, return
receipt requested. The School Board will base its decision solely on the evidence
presented at the hearing. The School Board’s written decision will include a summary of
the evidence and the reasons for its decision.

If the School Board determines that the student record should be corrected, it will direct
the Superintendent to do so as soon as possible. The Superintendent will then contact
the parents/eligible student for a meeting so they can review and inspect the records to
verify that they have been corrected. At this meeting, both parties shall sign a
document/form stating the date the records were corrected and that the parent/eligible
student is satisfied with the correction.

The School Board’s decision will be final.

 

5. Parent/Eligible Student Explanation to be Included in Record. Notwithstanding
the resolution of any request to correct a student's record(s), in accordance with section
(a)(2) of FERPA, a parent or eligible student may insert into that student’s educational
record a written explanation respecting the content of the record.

 

Disclosures Made From Education Records. When a request is made to disclose
information from, or to permit access to, a student’s education record, a record is kept by
the record custodian. The record includes:

1. The name of the person who or agency which made the request;

 

2. In the event of a health and safety emergency, the articulable and significant threat
to the health or safety of a student or other individuals that formed the basis for the
disclosure; and the parties to whom the agency or institution disclosed the
information.

 

3. Whether the request was granted and, if it was, the date access was permitted or the
disclosure was made; and

 

4. The date on which the person or agency made the request;

 

5. The interest which the person or agency has in the information;

The District will maintain this record as long as it maintains the student’s education record.
The records do not include requests for access or information relative to access which has
been granted to parent(s) of the student or to an eligible student; requests for access or
access granted to officials of the District who have a legitimate educational interest in the
student; requests for, or disclosures of, information contained in the student’s education
records if the request is accompanied by the prior written consent of a parent/eligible
student or if the disclosure is authorized by such prior consent or for requests for, or
disclosures of, directory information designated for that student.

The records of a request for the correction of an educational record, including any appeal of
a denial of that request, if the educational record is ultimately corrected shall not be treated
as part of the educational record of the student and shall be preserved separately.