CHAPTER 5

STUDENT EDUCATION RECORDS

SCHOOL BOARD OF OKALOOSA COUNTY

TABLE OF CONTENTS 5-1 STUDENT EDUCATION RECORDS.................................................................... 1 5-2 ELEMENTS OF STUDENT EDUCATION RECORDS.......................................... 4

Category A - Permanent Information ......................................................... 4 Category B - Temporary Information ......................................................... 4 Records and Reports ................................................................................. 5 Storage ...................................................................................................... 7 Transfer of Student Education Records..................................................... 7 Records Management for Incoming Students............................................ 7 Records Management for Outgoing Students............................................ 8 Graduating Students.................................................................................. 9 Transcripts of High School Credit .............................................................. 9

5-3 DIRECTORY INFORMATION ............................................................................ 11 5-4 PERIODIC REVIEW OF RECORDS .................................................................. 12 5-5 PUBLIC NOTIFICATION .................................................................................... 13 5-6 COST FOR REPRODUCTION OF STUDENT RECORDS ................................ 15 5-7 PARENT AND ELIGIBLE STUDENT’S RIGHT TO

INSPECT AND REVIEW EDUCATION RECORDS................................. 16 5-8 SCHOOL RECORDS - HEARING PROCEDURES............................................ 17 5-9 DISCLOSURE OF INFORMATION .................................................................... 19 5-10 THIRD PARTY RESTRICTIONS ........................................................................ 22 5-11 RECORD OF DISCLOSURE.............................................................................. 23 5-12 RIGHT OF WAIVER OF ACCESS TO

CONFIDENTIAL LETTERS OR STATEMENTS ...................................... 24

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5-1 STUDENT EDUCATION RECORDS (A) General

Student records requires that a Student Education Record be maintained for each student enrolled in a school. This student record shall be kept current. The procedures for initiating, maintaining, and transferring records will be established by this policy. A further purpose of this policy is to establish procedures for implementing the Family Rights and Privacy Law which became Federal Law in 1974.

(B) Definitions

For the purpose of this rule, the following definitions shall be used.

(1) Education Record: The term “Education Record” shall mean any and all official records, files, and data directly related to students which are created, maintained, and used by public educational institutions, including all material that is incorporated into each Student’s Education Record and intended for school use or to be available to parties outside the school or school system for legitimate educational or research purposes. Materials which shall be considered as part of a student’s record include, but are not limited to:

(a) Category A - permanent information: Verified information of

educational importance which shall be retained permanently.

(b) Category B - temporary information: Verified information of educational importance which is subject to periodic review and elimination when the information is no longer useful.

(2) Child: A child shall mean any person who has not reached the age of

majority.

(3) Student/Pupil: A student/pupil shall mean any child who is enrolled in any instructional program or activity conducted under the authority and direction of the district school board.

(4) Eligible Adult Student: Any person who has attained eighteen (18) years of

age and is enrolled in any instructional program or activity conducted under the authority and direction of the district school board.

(5) Parent: a parent is defined as a natural parent, adoptive parent, legal

guardian, or other person recognized by the Okaloosa County School Board as being legally responsible for a student or adult student.

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(6) School Official: The term “school official” is defined as an administrative/supervisory/managerial or instructional employee, either full or part-time or non-paid, who is normally engaged in working with students or adult students and/or Student Education Records. (Legal Reference: 6A-1.0955 (6)(h) F.A.C.)

(7) Volunteer: a volunteer is defined as an individual providing services of a

supportive or instructional nature to students, adult students or school officials without receiving financial remuneration.

In order for volunteers to have access (i.e., to work with Student Education Records), they must be approved for such duty by the school principal who shall be responsible for keeping a district record of the school volunteer program.

The principal’s approval shall indicate the full knowledge of what educational records are available to the volunteer. In addition, an approved volunteer may have access to education records only if done so under the requirements of “Legitimate Educational Interest” (i.e., under the direct supervision and knowledge of a school official).

(8) Disclosure: Permitting access or the release, transfer or other communication

of education records of the student or the personally identifiable information contained therein, orally, or in writing, or by electronic means, or by any other means to any party.

(9) Consent: The parent or eligible adult student understands and agrees in

writing to the carrying out of the activity for which his/her consent is sought, and the consent sets forth the activity and list of records (if any) which will be released and to whom.

(10) Legitimate Educational Interest: Legitimate Educational Interest refers to the

need of a school official for record information in the performance of his/her duties. For example; a tenth grade teacher would have a legitimate educational interest in the records of tenth grade students, but might not have such interest in the records of twelfth grade students. For the purpose of this definition; clerks, registrars, school nurses, and other persons designated by a principal or by the superintendent to develop, maintain and transfer records are presumed to have legitimate educational interest in each student. Information obtained under this definition is presumed to be used for educational decision making. (Legal Reference: 6A-1.0955 (6)(h), F.A.C.)

(11) School Nurse: The school health nurse is a person employed by the school

or assigned to the school by the Department of Health. The school health nurse is presumed to be a member of the school faculty.

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(12) Record: Any information or data recorded in any medium, including, but not limited to: handwriting, print, tapes, films, microfilm/microfiche and automated records.

(13) Directory Information: This information includes the student’s name, address,

telephone number if it is a listed 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 educational agency or institution attended by the student.

(14) Personally Identifiable Information: A list of personal characteristics which

would make the student’s identity easily traceable (Ex.: student’s name, social security number or student number)

(15) Automated Permanent Record/Transcript: The automated permanent record

contains the same information that has been maintained on the manual permanent record card with additional information on graduation requirements.

The Automated Permanent Record contains:

(a) Basic student information: name, address, race, sex, etc.

(b) School year and course information: district, school, term, course,

grade, credit, days present/absent, grade promotion, mastery of Student Performance Standards, etc.

(c) Graduation information: (grade 9 - adult) credits by subject area, class

rank, academic scholar, vocational, etc.

(d) Test information: American College Testing (ACT), High School Competency Test (HSCT), California Test of Basic Skills (CTBS), Scholastic Aptitude Test (SAT), etc.

(16) Postsecondary: Attendance in educational program levels or a diploma or a

certificate of completion after dropping out of grades PK-12. Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6), F.A.C. Adopted: October 23, 2000

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5-2 ELEMENTS OF STUDENT EDUCATION RECORDS The Student Education Record is primarily composed of two elements: (A) The major component of a Student Education Record is the Automated Permanent

Record which is maintained on the district electronic data base. (B) The Student Education Record housed and maintained at each school site contains

limited Category A and Category B information, such as historical and/or current pertinent information not being maintained on the district electronic data base. Also included is hard copy information required for compliance documents (i.e., ESE IEP).

(1) Purpose and Content of the Student Education Record.

To provide professional personnel with a longitudinal student information system, in order to facilitate the instruction, guidance, and educational progress of students, a Student Education Record shall be maintained for each student from entrance into an Okaloosa County Public School through the twelfth grade. The Student Education Record is under the control of the principal and shall be kept current. Under no circumstances shall students be allowed to handle record information, or otherwise maintain student records. Information contained in this record shall be classified as follows:

(a) Category A - Permanent Information: Verified information of clear

educational importance which shall be retained indefinitely. Category A information shall be retained for each student or adult student. (Legal Reference 6A-1.0955(3)(a)1-8, F.A.C.)

(b) Category A information consists of:

1. Student’s full legal name 2. Authenticated birth date, place of birth, race, and sex 3. Last known address of student 4. Name(s) of student’s parent(s) or guardian(s) 5. Name and location of last school attended 6. Number of days present and absent, date enrolled, date

withdrawn 7. Courses taken and record of achievement, such as grades,

units, or certification of competence 8. Date of graduation or date of program completion

(c) Category B - Temporary Information: The superintendent is

authorized, in his/her discretion and after all applicable audits have been conducted (i.e., Headstart, ESE records), to destroy general

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correspondence which is over three (3) years old and other records, papers and documents over three (3) years old which do not serve as part of an agreement or understanding nor have value as permanent records. (Legal Reference: 230.331(3), Florida Statutes)

(d) Category B Information consist of:

1. Health information 2. Family background data 3. Standardized test scores 4. Educational and career plans 5. Honors and activities 6. Work experience, including employer ratings, if a part of an

educational program 7. Teacher/counselor comments 8. Reports of student services, or exceptional student staffing

committees, to include all of the following information: “The principal of the school in which the student is taught shall keep a written record of the case history of each exceptional student showing the reason for the student’s withdrawal from the regular class in the public school and his enrollment in or withdrawal from a special class for exceptional students. This record shall be available for inspection by school officials at any time.”

9. Correspondence from community agencies or private professionals

10. Driver education certificates 11. List of schools attended 12. Written agreements of corrections, deletions or expunctions as

a result of meetings or hearings to amend education records 13. Individual Educational Plans (IEP) for Exceptional Student

Education 14. Basic skills remediation plans 15. High School Competency Test results

(C) Records and Reports (Legal Reference: 228.093(2)(e)(1-8), Florida Statutes)

Records and Reports means any and all official records, files, and data directly related to students which are created, maintained, and used by public educational institutions, including all material that is incorporated into each student’s Education Record and intended for school use or to be available to parties outside the school or school system for legitimate educational or research purposes. Materials which shall be considered as part of a student’s records include, but are not limited to: identifying data; academic work completed; level of achievement records, including grades and standardized achievement test scores; attendance data; scores on

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standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; verified reports of serious or recurrent behavior patterns; and any other evidence, knowledge, or information recorded in any medium, including, but not limited to, handwriting, print, magnetic tapes, film, microfilm/microfiche, automated records, and maintained and used by an educational agency or institution or by a person acting for such agency or institution. However, the terms “records” and “reports” do not include:

(1) Records of instructional, supervisory, and administrative personnel and

educational personnel ancillary thereto, which records are in the sole possession of the maker thereof and are not accessible or revealed to any other person except a substitute for any of such persons. An example of this type is instructor’s grade books.

(2) Records of law enforcement units of the institution which are maintained

solely for law enforcement purposes and which are not available to persons other than officials of the institution or law enforcement officials of the same jurisdiction in the exercise of that jurisdiction.

(3) Records made and maintained by the institution in the normal course of

business which relate exclusively to a student in his capacity as an employee and which are not available for use for any other purpose.

(4) Records created or maintained by a physician, psychiatrist, psychologist, or

other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, which are created, maintained, or used only in connection with the provision of treatment to the student and which are not available to anyone other than persons providing such treatment. However, such records shall be open to a physician or other appropriate professional of the student’s choice.

(5) Directory information as defined in 5-1(B)(13).

(6) Other information, files, or data which do not permit the personal

identification of a student.

(7) Letters or statements of recommendation or evaluation which were confidential under Florida law and which were received and made a part of the student’s Education Records prior to July 1, 1977.

(8) Copies of the student’s fingerprints. No public educational institution shall

maintain any report or record relative to a student which includes a copy of the student’s fingerprints.

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(9) Graduated student records which contain information about a student after he or she is no longer in attendance in the district school.

(D) Storage (Legal Reference: 6A-1.0955(8)(a-b), F.A.C.

Student Education Records shall be secure from general scrutiny, but where they are, nevertheless, accessible to teachers, counselors and school personnel for use on a regular basis. All hard copy records shall be placed in a locked, secure location in the administrative complex of each school. No original Student Education Records shall be removed from the school except by court order or authority of the principal.

(E) Transfer of Student Education Records (Legal Reference: 6A-1.0955(7)(a-c),

F.A.C.)

(1) Student Education Records are to be transferred upon the official request of a receiving school when the student enrolls in another school within this District.

(2) The deadline for in-county transfer of student records of articulating students

to the next school level will be July 1st of each year. The transferring of these records will be the responsibility of the principal of the sending school.

Records of students retained pending summer school will be transferred upon the successful completion of summer school.

(3) Procedures for processing and transferring Florida student record, Category

A Information: Before transfer is made, the sending school should insure that all current grades, state assessment results, and all Category A and Category B information is posted on the district data base.

(F) Records Management for Incoming Students

(1) Students not previously in attendance at a Florida School (out of state transfer):

(a) Request records, by mail, from previous school

(b) Prepare a Student Education Record

(2) Students received from another school in Okaloosa County:

Sending school should send the Student Education Record including all inserts, if any.

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(3) Students entering from another school in the State of Florida:

Request records from the previous school including Florida student identifier (student number) by using the Florida Automated System for Transferring Education Records (F.A.S.T.E.R.) If records cannot be obtained from that school system, prepare a new Student Education Record.

(4) Students not in continuous attendance at an Okaloosa County School, upon

return, one or a combination of the following should take place:

(a) Request records from sending school. In state by F.A.S.T.E.R., out of state by mail.

(b) If student has previously attended a district school, reactivate files on

data base.

(c) If the student is not on the data base, request a microfilm copy from Management Information Services (MIS).

(5) When all records have been received, create an Automated Permanent

Record/Transcript. Build back to include the students current involvement (K-5, 6-8, or 9-12).

(G) Record Management for Outgoing Students

(1) The Student Education Record, and all inserts, for students changing schools within the Okaloosa School District shall be forwarded by the school having the records to the receiving school.

(2) The Student Education Record for students leaving the Okaloosa School

District shall be processed as follows:

(a) Prior to assignment of a withdrawal code all Automated Permanent Records must be updated on the district data base, including grades in progress. Student who have not been continuously enrolled in Okaloosa District Schools should have prior school records entered to reflect their current school involvement (K-5, 6-8, or 9-12).

(b) When withdrawing to a school out of the district, each school should

encourage parents to hand carry the Student Education Record and a copy of the Automated Permanent Record from the district electronic data base to the receiving school. Each school shall maintain a log of student records hand carried from that school (MIS 4234).

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(c) Upon records request by mail by a student’s parent or the receiving school with a parent release form, schools should send a copy of the Automated Permanent Record from the district electronic data base and Exceptional Student Education Record (red folder), if applicable, to the requesting party.

(d) Upon receiving an Automated Permanent Record request, schools will

receive from Data Processing a hard copy of the students Automated Permanent Record for verification. Upon verification, the school will implement the automated transfer of records.

(e) The school from which a student has withdrawn shall send to

Management Information Services:

1. Copy of Automated Permanent Record (the copy Data Processing sends when a withdrawal code is assigned to a student.)

2. White inserts, if any, plus any other academic history

information contained in the Student Education Record.

(f) In cases where records were electronically transferred, the Student Education Record will be maintained at each school site under the current retention/destruction schedule.

(3) The Student Education Record for graduating students shall be processed as

follows:

(a) Schools shall verify and update all student information on Automated Permanent Record data base.

(b) In August the school shall return the verified copy of the student’s

Automated Permanent Record and any white insert to Management Information Services for microfilming.

(c) The school shall retain graduating students’ Education Records at the

school site under the retention/destruction schedule.

(4) Transcripts of High School Credits:

All transcripts shall be mailed directly to the school, college, prospective employer, etc. In case of a pupil transferring from one school to another, a transcript of credits will be forwarded to the receiving school upon request of the principal.

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(H) Management Information Services will maintain a copy of the Automated Permanent Record of all students who withdraw from the district. It is the responsibility of the principal to insure that Management Information Services receives a current updated copy of the Automated Permanent Record of any student who withdraws from a district school.

(I) An official request for transfer of records from a receiving school will be considered

prima facie evidence of the parent’s or eligible adult student’s knowledge of the transfer of records.

(J) The transfer of records shall be made immediately upon receipt of a proper request.

Under no condition shall the transfer of a student’s record be delayed or denied for failure to pay a fine or fee assessed by the school. All reasonable efforts shall be made to collect for damaged or lost library books and textbooks.

(K) A Records Request Form (MIS 4040) should be appropriately completed for

students transferring from out-of-state schools. (L) All persons collecting or using personally identifiable data shall receive training or

instruction regarding the School Board of Okaloosa County’s policies and procedures for Student Education Records.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rules: 6A-1.0955(3), (4), (5),(6) and (7), F.A.C. Adopted: October 23, 2000

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5-3 DIRECTORY INFORMATION (A) Directory information includes the student’s name, address, telephone number if it is

a listed 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 educational agency or institution attended by the student.

(B) At the beginning of each school year beginning with August, 2002, and as part of the

routine information provided in writing to returning and new students and their families, each school shall notify every parent or legal guardian of every minor child who is a student and every adult student of the School District’s practices regarding release of directory information to companies and entities doing business with the school or requesting directory information, for example, school picture vendors, ring vendors, military recruiters, or colleges. Such notification shall clearly state that:

(1) any and all such parents/guardians or adult students shall have the right to

refuse to have such information disclosed to any person or entity outside the School District, other than as may be required by law or court order;

(2) a refusal to have such information about a student disclosed cannot be

selective as to vendor or entity but is a blanket refusal which pertains to all vendors or entities who might otherwise receive directory information;

(3) the parent or guardian executing such a refusal has the responsibility of

informing the student that his directory information will not be released by the school and that the student, himself, should not release such information; and

(4) a refusal to release directory information implies that the parent/guardian, in

the case of a minor, or an adult student, representing himself, is solely and entirely responsible for undertaking all efforts to obtain any products, materials, or information which otherwise would have come to the student as a result of the release of directory information.

Upon request, the school shall provide to any such parent/guardian or adult student a form approved by the Superintendent on which such a refusal to disclose may be indicated in writing. The principal of the school shall ensure that each such refusal is communicated to the District Management Information Systems Department. Such form shall be maintained as part of the Student Education Record.

(C) All requests for directory information by vendors or any other entities shall be

referred to the District Management Information Systems Department which shall respond to such requests on behalf of the District after making a charge per name,

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as set by the Superintendent. No school, school employee, or school organization shall be the source of any directory information about any student.

(D) No vendor or other entity shall solicit student addresses or other directory

information in the course of business. No vendor or other entity receiving student lists or directory information from the District shall sell, transfer, or in any way convey any student names or directory information to anyone else for any purpose. Any vendor or other entity found by the Superintendent to have violated this policy shall no longer be permitted to conduct business with the Okaloosa County School District or to receive any student information from the District.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(j), F.A.C. Adopted: October 23, 2000 Revised: November 14, 2001 5-4 PERIODIC REVIEW OF RECORDS (A) To assure that school records are not inaccurate, misleading, or otherwise in

violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any inaccurate, misleading, or inappropriate (no longer useful) data, the principal shall be responsible for establishing appropriate procedures for the periodic review of personal data collected on each student.

(B) The principal, when he/she believes that material contained in a Student Education

Record is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, shall be responsible for expunging the material in question. No notation or reference need be made in the student record or in other records maintained by the school as to the expungement of material.

(C) Once a request to inspect and review education records has been made,

information within the record cannot be destroyed until after the appropriate party has had an opportunity to inspect and review the information.

(D) No student records may be destroyed, sold, loaned, or otherwise disposed of,

without the approval of the superintendent. Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rules: 6A-1.0955(4) and (6), F.A.C. Adopted: October 23, 2000

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5-5 PUBLIC NOTIFICATION (A) Each school must provide to parents and eligible adult students annual notification

of their rights to inspect and review Student Education Records (MIS 1198). The notification should be in the language of the parent or eligible student.

The following points must be included:

(1) The types of education records and information contained therein which are

directly related to students and maintained by the institution.

(2) The name and position of the official responsible for the maintenance of each type of record; the persons who have access to those records; and the purposes for which they have access.

(3) The policies of the institution for reviewing and expunging those records.

(4) The procedures established for parents and eligible students to inspect and

review education records.

(5) The procedures established for amending the content of education records.

(6) The categories of information designated as “directory information”. In this regard, notification must also be made that the parent or eligible adult student will be given a reasonable period of time to inform the institution that a part or all of the directory information should not be released without the appropriate prior consent. The objection should then be stamped or otherwise noted on the student’s record.

(7) The conditions under which the rights accorded to the parents are transferred

to the student.

(8) The right of parents and eligible adult students to obtain copies of Student Education Records and the cost charged by the institution for said reproduction.

(9) Copies of the District Policies for Student Education Records may be

obtained from the office of the Superintendent of Schools.

(10) Procedures of transferring student records to another school district.

(11) The right of waiver of access, right to challenge contents in the record, right to a hearing, and right to privacy.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes

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Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(a), F.A.C. Adopted: October 23, 2000

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5-6 COST FOR REPRODUCTION OF STUDENT RECORDS (A) With the exception of parents and eligible students, no charge is to be assessed to

those authorized in 5-9 requesting reproduction of student records. (B) When parents and eligible students request reproduction of student records, copies

will be provided at cost; provided that the fee does not effectively prevent the parents and students from exercising their right to inspect and review those records. An educational agency or institution may not charge a fee to search for or to retrieve the education records of a student.

(C) Two free transcripts shall be provided for a student to post-secondary institutions or

scholarship granting agencies designated by the student. Thereafter, a charge of $1.00 shall be assessed for each copy of transcript to cover mailing and handling charges.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(d), F.A.C. Adopted: October 23, 2000

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5-7 PARENT AND ELIGIBLE STUDENT’S RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS

(A) Parents of students and parents of former students enrolled in an Okaloosa County

school have the right to inspect and review all education records directly related to their children under 18 years of age and shall have the right to have a representative of the parent inspect and review the records.

(B) Whenever a student or former student becomes an eligible adult student, the

permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. An exception is described in 5-9(A)(8).

(C) In case of legal separation or divorce, either parent may have access to a child’s

education record unless a state law or court order to the contrary has been filed with the school.

(D) If any material or document in the education record of a student includes information

on more than one student, the parent or eligible adult student seeking access will have the right to inspect and review only those parts that relate to said student or to be informed of the specific information contained in such material.

(E) Compliance with a request to inspect and review a student’s Education Record will

be accomplished as quickly as administratively feasible. Under no circumstances should the time element exceed thirty (30) calendar days after the request has been made.

(F) A school official shall be available to assist a parent and eligible student to

understand the contents of the education record. Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(b), F.A.C. Adopted: October 23, 2000

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5-8 SCHOOL RECORDS - HEARING PROCEDURES (A) In addition to a parent’s right to inspect and review their child’s education record,

they shall also have an opportunity for a hearing to challenge the content and request amendment of said record if they think it to be inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. The right includes an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

(B) Schools may attempt to meet the intent of this sub-part through informal meetings

and discussions; however, when such informal proceedings are not satisfactory to either the school or the parent, the following procedures are to apply:

(1) Upon being requested verbally or in writing by a parent to expunge certain

portions of a student’s record as inaccurate, misleading, or otherwise inappropriate, the principal of the school shall ascertain, verbally or in writing, what particular document(s) or item(s) contained therein are objectionable.

(2) The principal or his designee shall study the document(s) or item(s) and

within ten (10) working days of the initial request shall either concur with the request or schedule a hearing.

(a) If the principal concurs with the request, the material in question

should be expunged.

(b) If a hearing is scheduled, the parent shall be advised in writing of the time and place. The parent shall also be advised that he may bring to the hearing any individual who may support his factual contentions relative to the records, including an attorney at their own expense.

(3) Within ten (10) working days of the hearing, the principal or his designee

shall either concur with or deny the request.

(a) If the principal concurs with the request, the material in question should be expunged.

(b) If the principal denies the request, he/she should forward to the

Superintendent or his/her designee and the parent a brief summary of the testimony at the hearing and the principal’s reasons for denying the request.

(4) If the request is denied at the school level, the parent may appeal the

decision to the Superintendent. If the decision is appealed, the Superintendent or his/her designee will review the summary of information

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submitted by the principal and either concur with the request or affirm the decision of the principal.

(a) If the Superintendent concurs with the request, he/she shall direct the

principal to expunge the material in question.

(b) If the Superintendent affirms the decision of the principal, he/she shall forward to the principal and the parent his/her decision in writing.

(5) When, at the conclusion of the hearing procedure and after all appeals have

been heard, the decision is against the parent’s contention that certain information be corrected or deleted, the parent must be informed of his/her right to enter into the record a statement of explanation relative to the information in question.

(6) If the education records of the student or the contested portion thereof is

disclosed by the educational agency or institution to any party, the explanation shall also be disclosed to that party.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(k)(1-4), F.A.C. Adopted: October 23, 2000

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5-9 DISCLOSURE OF INFORMATION (A) Every student shall have a right of privacy with respect to the education records kept

on him/her. Personally identifiable records or reports of a student, and any personal information contained therein, are exempt from the requirements of Chapter 119, Florida Statutes; and, notwithstanding the provisions of Section 119.07(1), Florida Statutes, no state or local educational agency, board, public school, area vocational-technical center, community college, or institution of higher education in the State University System shall permit the release of such records, reports, or information without the written consent of the student’s parent or guardian, or of the student if he/she is qualified as provided in this subsection, to any individual, agency, or organization. These exemptions are subject to the Open Government Sunset Review Act in accordance with Section 119.15, Florida Statutes. However, personally identifiable records or reports of a student may be released to the following persons or organizations without the consent of the student or his parent:

(1) Officials of schools, school systems, area vocational-technical centers,

community colleges, or institutions of higher learning in which the student seeks or intends to enroll; and a copy of such records or reports shall be furnished to the parent, guardian, or student upon request.

(2) Other school officials, including teachers within the educational institution or

agency, who have legitimate educational interests in the information contained in the records.

(3) The United States Secretary of Education, the Director of the National

Institute of Education, the Assistant Secretary for Education, the Comptroller General of the United States, or state or local educational authorities who are authorized to receive such information subject to the conditions set forth in applicable state statutes and rules of the State Board of Education.

(4) Other school officials in connection with a student’s application for or receipt

of financial aid.

(5) Individuals or organization conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive test, administering student aid programs, and improving instruction; provided, that the studies are conducted in a manner which will not permit the personal identification of students and their parents by individuals other than representatives of the organization and the information will be destroyed when no longer needed for the purposes for which the study was conducted; the term “organization” includes, but is not limited to, federal, state and local agencies, and independent organizations.

(6) Accrediting organizations in order to carry out their accrediting functions.

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(7) For use as evidence in student expulsion hearings conducted by the school

board pursuant to the provisions of Chapter 120, Florida Statutes.

(8) Appropriate parties in connection with an emergency, if knowledge of the information in the Student Education Record is necessary to protect the health or safety of the student or other individuals.

(9) The Auditor General in connection with his official function; however,

notwithstanding the provisions of Section 119.07(1), Florida Statutes, except when the collection of personally identifiable information is specifically authorized by law, any data collected by the Auditor General is exempt from the requirements of Chapter 119, Florida Statutes, and shall be protected in such a way as will not permit the personal identification of students and their parents by other than the Auditor General and his staff, and such personally identifiable data shall be destroyed when no longer needed subject to the Open Government Sunset Review Act in accordance with Section 119.15, Florida Statutes.

(10) A court of competent jurisdiction in compliance with an order of that court or

the attorney of record pursuant to a lawfully issued subpoena, upon the condition that the student and his/her parent are notified of the order or subpoena in advance of compliance therewith by the school district.

A person or entity pursuant to a court of competent jurisdiction in compliance with an order of that court or the attorney of record pursuant to a lawfully issued subpoena, upon the condition that the student or his/her parent, if the student is either a minor and not attending an institution of post-secondary education or a dependent of such parent as defined in 26 U.S.C. section 152 (section 152 of the Internal Revenue Code of 1954), is notified of the order or subpoena in advance of compliance therewith by the school district.

(11) Credit bureaus, in connection with an agreement for financial aid which the

student has executed, provided that such information may be disclosed only to the financial aid agreement. Credit bureaus shall not release any information obtained pursuant to this paragraph to any person.

(12) State and/or local officials of the Department of Children and Family Services

of the State of Florida in cases where child abuse is the justification for review of records. Disclosure for any other reason other than child abuse will require parent permission or court order.

(This procedure should not be confused with School Board Policy 4-30 concerning Child Protective Custody and Child Protective Investigation Interview by HRS.)

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(B) When a disclosure is made pursuant to the provision of this policy, the school district

shall, upon request, provide a copy of the record which is disclosed to the parent of the student or the eligible adult student, and to the student who is not an eligible adult student if so requested by the student’s parents.

(C) Coordination with other agencies - School district dropout prevention programs shall

be coordinated with social services, law enforcement, prosecutorial, and juvenile justice agencies in the school district. The school district shall inventory community services and programs relevant to implementation of its comprehensive dropout prevention program plans. Notwithstanding the provisions of Section 228.093, Florida Statutes, these agencies are authorized to exchange information contained in student records and juvenile justice records. Notwithstanding the provisions of Section 119.07(1), Florida Statutes, the school district and other agencies receiving such information shall use the information only for official purposes connected with the certification of students for admission to and for the administration of the dropout prevention program; and shall maintain the confidentiality of such information unless otherwise provided by law or rule. This exemption is subject to the Open Government Sunset Review Act in accordance with Sections 119.15 and 230.2316(9), Florida Statutes.

The aforementioned paragraphs do not prohibit the school district from publishing and releasing to the general public directory information relating to a student if the district elects to do so. However, notwithstanding the provisions of Section 119.07(1), Florida Statutes, the school district shall not release to any individual, agency, or organization which is not listed in subparagraphs of Section 119.07, Florida Statutes, directory information relating to the student body in general or a portion thereof unless it is normally published for the purpose of release to the public in general. This exemption is subject to the Open Government Sunset Review Act in accordance with Section 119.15, Florida Statutes. If the school district makes directory information public, it shall give public notice of the categories of information which it has designated as directory information with respect to all students enrolled in the district and shall allow a reasonable period of time (30 days) after such notice has been given for a parent, guardian, or student to inform the district, in writing, that any or all of the information designated should not be released.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(f), F.A.C. Adopted: October 23, 2000 5-10 THIRD PARTY RESTRICTIONS (A) Except as otherwise provided by this chapter, a student’s Education Record and all

personally identifiable information shall not be disclosed except on the condition that

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the information being transferred will not be subsequently disclosed to any other party without obtaining the prior written consent of the parent or eligible adult student.

The written consent required must be signed and dated and shall include:

(1) Specification of the records to be disclosed;

(2) The purposes of the disclosures; and,

(3) The party or class of parties to whom a disclosure is to be made.

(B) Disclosed copies of education records and personally identifiable information must

be destroyed when no longer required by the person to whom the information was appropriately disclosed.

(C) In order to comply with this policy, a stamp should be used to mark all copies of

information being disclosed. The stamp shall read as follows:

“Information contained herein may not be disclosed without written permission of the parent or eligible adult student. This information shall be destroyed when no longer needed.”

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(g), F.A.C. Adopted: October 23, 2000

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5-11 RECORD OF DISCLOSURE (A) Each school must maintain a record indicating all parties, other than school officials,

having requested or obtained access to a Student Education Record and which will indicate specifically the legitimate interest that each party has in obtaining the information (MIS 4041).

(B) Records of request and disclosure do not have to be maintained when the

disclosure is to the eligible adult student or to the parent or guardian of the student, when the disclosure is based on written consent, when the disclosure is directory information, when the disclosure is to other school officials with a legitimate interest, or when the written consent is specific as to the party or parties to whom the disclosure is to be made.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093; 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(g)(4), F.A.C. Adopted: October 23, 2000

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5-12 RIGHT OF WAIVER OF ACCESS TO CONFIDENTIAL LETTERS OR STATEMENTS

(A) Parents, guardians, or eligible adult students shall have the right to waive the right to

access to letters or statements of recommendation or evaluation, except that such waiver shall apply to recommendations or evaluations only if:

(1) The parent, guardian, or eligible adult student is, upon request, notified of the

names of all persons submitting confidential letters or statements; and

(2) Such recommendations or evaluations are used solely for the purpose for which they were specifically intended.

Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from, any public agency or public educational institution in this state. The waiver shall not be valid unless in writing and signed by the eligible adult student or the parent or guardian of the student, as appropriate. The waiver may be revoked, in writing, with respect to actions occurring after the revocation. The school district may not require that eligible adult students or the parent or guardian of the students waive any of their rights under Section 228.093(3), Florida Statutes.

Principals or their designee shall obtain a waiver, in writing, from the parent or eligible adult student prior to the writing of any confidential recommendations.

A copy of the waiver executed by the parent or eligible adult student shall be attached to and forwarded with all confidential recommendations.

The waiver form to be used by the Okaloosa County School System shall be MIS 4042.

Statutory Authority: Sections 230.22(2); 230.23(20), Florida Statutes Laws Implemented: Sections 228.093(3)(b); 230.331(3), Florida Statutes State Board of Education Rule: 6A-1.0955(6)(c), F.A.C. Adopted: October 23, 2000