Student Records - Release of information

STUDENT RECORDS

I. Policy

The Buncombe County Board of Education, in accordance with the provisions of the Family Education Rights and Privacy Act (FERPA) and regulations adopted pursuant to FERPA, recognizes the rights of parents, guardians and eligible students to have access to a student’s education records and the rights of parents, guardians and eligible students to limited control over the distribution of those records.

II. Definitions

A. “Directory Information” means information contained in an education record which may be disclosed by the school system if the notification is given to parents, guardians and eligible students. Directory information includes, but is not limited to, the student’s name, address, telephone listing, 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.

B. “Education Record” means those records that are directly related to a student and maintained by an educational agency or institution.

C. “Eligible Student” means a student who has reached 18 years of age or is attending an institution of postsecondary education.

D. “Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

 

III. Notice Requirements

The principal of each school shall be responsible for notifying parents and eligible students, in writing annually, of the following with respect to education records:

A. The right of parents or eligible students to inspect and review education records and any procedures that must be followed in order to inspect and review records; that a fee may be charged for copies of records; and a list of the types and locations of education records maintained by the school system.

B. Circumstances under which personally identifiable information will be released from a student’s education record without the parent or eligible student’s prior written consent.

C. An explanation of Directory Information and notice that this information may be provided to others without prior written consent of the parent or eligible student, unless the parent or eligible student notifies the principal that he does not wish for Directory Information to be disclosed regarding his child without prior written consent.

D. Notice that the Board of Education has a policy dealing with student records and the right of a parent or eligible student to obtain a copy of this policy.

E. Notice that school officials may have access to education records when the officials have a “legitimate educational interest.”

 

F. A statement that a record of disclosures of the education records will be maintained and that a parent may inspect and review that record.

G. Notice that the Board permits a parent or eligible student to request correction of the student’s education records, to obtain a hearing, and to add a statement to the education record and the procedures for doing this.

H. The right of parents and eligible students to file with the United States Department of Education a complaint concerning alleged failures by the school to comply with the requirements of FERPA.

 

IV. Access to Education Records

A parent or eligible student may not be denied the right to inspect and review a student’s education record. The right may be exercised during normal business hours and may not interfere with the normal functioning of the school. A parent or eligible student’s request to inspect and review the record shall be complied with within a reasonable period of time, but in no event should it exceed forty–five (45) days.

A fee may be charged for copying an educational record if the Board of Education has acted to set a fee for this purpose.

V. Disclosure of Student Records

A. Education records may not be released to third parties without signed written consent of parents or eligible students, unless the conditions of Part "B" below are met. For the purpose of consenting to release education records, either parent may consent. If the parents are separated or divorced, either parent may consent, unless a court order governing the rights of the parents require otherwise.

 

B. Personally identifiable information regarding a student may be released from an education record in the following circumstances:

1. The disclosure is to other school officials, including teachers, who have a legitimate educational interest.

(a) A school official is:

• A person employed by the school system as an administrator, supervisor, instructor, or support staff member.

• A person elected to the school board.

• A person employed by or under contract to the school system to perform a special task, such as an attorney,

auditor, medical consultant, or therapist.

(b) A school official has a legitimate education interest if the official is:

• Performing a task that is specified in his job description, by an employment contract or under the direction of his

supervisor.

• Performing a task related to a student's education.

• Performing a task related to the discipline of a student.

• Providing a service or benefit relating to the student or student's family, such as health care, counseling, job

placement or financial aid.

2. The disclosure is to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll.

3. The disclosure is to authorized representatives of the Comptroller General of the United States, the Secretary of Education or to State and local educational authorities.

4. The disclosure is in connection with financial aid for which the student has applied or which the student has received.

5. The disclosure is to State and local officials or authorities, if a State statute adopted before November 19, 1974, specifically requires disclosure, such as the Child Abuse and Neglect Reporting Statute

(N. C. Gen. Stats. 7A–543) and the Compulsory Attendance Law

(N.C. Gen Stats. 115C–378).
 
Click here for information about Access to High School Students and Information on Students by Military Recruiters. If you choose to "Opt out" a letter should be given to Ms Beachboard in counseling.




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