Student Records

General Statements

All students have school records containing information needed and used by school staff, parents, and the students themselves to plan educational and career programs. The total school record is called the cumulative folder, but different parts of the cumulative folder may be kept in different places. For example, special education records are kept in a confidential folder, which is usually separate from the cumulative folder. Other information in school records includes the following:

• Academic information (grades, standardized test scores, credits earned, etc.)
• Administrative records (names of parents/guardians, address, birth date, school attendance, etc.)
• Special education records if a student is receiving special education services (education assessment, IEP, other assessments as necessary, etc.)
• Health data (immunization, hearing and vision screening results, etc.)
• Classroom information (records, teacher observations, conduct, etc.)
• Student’s Individualized Guidance Program (IGP) Educational and Career Planning Folder
• Discipline records

Note: Only basic academic and administrative records are kept permanently by City Schools. All other information in a student’s record is destroyed once it is no longer needed to plan the student’s educational program.

Unless otherwise indicated, parents have the right to review the complete school records of their children. Students who are 18 years of age or older also have the right to review all of their school records. (Once the student becomes 18, all the rights that were accorded to the parent and the consent required of the parent are transferred to the student.) A staff member will usually be present to explain the record to the parents and/or student. (Parents may request an explanation in their native language.) While schools do not have to show school records to students under 18 years of age, school counselors will usually arrange to review the record with the student if requested to do so. Parents may review their child’s school records by making a request to the principal or his/he designee.

Schools have the responsibility to treat all individual student records confidentially. Except for specified circumstances set forth in federal and state regulations, schools will not send or show student records to anyone outside the school system without first obtaining written permission from the parent/legal guardian. A record is kept by the school of any requests for a student’s record, who requested the information, the reason for the request, and whether access to the record was provided.

The school is also responsible for making sure that the information in the cumulative folder is accurate. After reviewing their child’s records, parents can request the removal of information that they feel is inaccurate, misleading, or violates the student’s privacy or request that the record be changed to make it accurate. City Schools does have procedures for schools to follow if parents request that their child’s records be amended or changed. There may be a charge per page for duplicating educational records.

Upon request, City Schools will notify parents in the parents native language of their right to confidentiality of personal identifiable information.

Directory Information

Some information, known as “directory information,” may be disclosed by the school system in accordance with the law without parental permission. “Directory information” means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. City Schools has defined the following as directory information:

• The student’s name
• Address
• Telephone number
• Dates of attendance

Upon completion of the Student Non-Disclosure Form for the 2007-2008 School Year, individuals may refuse to let the school system designate any or all of these types of information about the student as directory information. Requests must be submitted by October 30, 2007 or within 5 days of enrolling in City Schools. (This form may be found at the end of this Guide.)

Notification of Rights under FERPA for Elementary and Secondary Schools

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are:

1. The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access.
   
   Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
   
   
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.
   
   They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the school decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to
   the parent or eligible student when notified of the right to a hearing.
   
   
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without such consent.
   
   One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school system as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school system has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
   
   A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
   
   Upon request, the school system discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
   
   
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-5901.

Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:

• Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education—
  1. Political affiliations or beliefs of the student or student’s parent;
  2. Mental or psychological problems of the student or student’s family;
  3. Sex behavior or attitudes;
  4. Illegal, anti-social, self-incriminating, or demeaning behavior;
  5. Critical appraisals of others with whom respondents have close family relationships;
  6. Legally recognized privileged relationships, such a as with lawyers, doctors, or ministers;
  7. Religious practices, affiliations, or beliefs of the student or parents; or
  8. Income, other than as required by law to determine program eligibility.

• Receive notice and an opportunity to opt a student out of–
  1. Any other protected information survey, regardless of funding;
  2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
  3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
• Inspect, upon request and before administration or use–
  1. Protected information surveys of students;
  2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
  3. Instructional materials used as part of the educational curriculum.
  
  These rights transfer from the parents to a student who is 18 years old. City Schools will develop and adopt policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. City Schools will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. City Schools will also directly notify, such as through U.S. mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. City Schools will make this notification to parents at the beginning of the school year if it has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
  
  • Collection, disclosure, or use of personal information or marketing, sales or other distribution.
  • Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education.
  • Any non-emergency, invasive physical examination or screening as described above.
  

Parents who believe their rights have been violated may file a complaint with:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington D.C. 20202-5901

Maintaining Privacy of Student Records

When a student enters or seeks to enter another school or institution having an educational program located either in or out of Baltimore City, records will be forwarded to that school or institution upon the request of either the parent or the new school or institution.

If, at any time, parents of an eligible student believe the school system is not complying with federal regulations regarding the privacy of student records and the school system has failed to adjust the matter to a parent’s or student’s satisfaction through the established appeals process, a complaint may be filed with the U.S. Department of Education.

The policy of City Schools regarding students’ records is explained in more detail in the Student Record manual, which is in every school building. Parents and students have the right to read the policy if they wish to do so.