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Access to Student Records (FERPA)
General Statement: It is the policy of the School Board that all School
Department personnel will follow the procedures outlined herein as they
pertain to the maintenance of student records. Furthermore, it is the policy
of the School Board that all Department personnel will follow the provisions
of the Family Educational Rights Privacy Act (FERPA) and its corresponding
Education Record: For the purposes of this policy and in accordance with
FERPA, the term "educational record" is defined as all records, files,
documents and other material containing information directly related to a
student; and maintained by the School Department; or by such other agents as
may be acting for the School Department. Such records include, but are not
limited to, handwriting, videotape, audiotape, electronic or computer files,
film, print, microfilm and/or microfiche.
Directory Information: For the purposes of this policy, and in accordance
with the provisions of
FERPA and New Hampshire RSA 189:1-e, the term "directory information" means:
• Students' name, address, telephone number, date and place of birth, dates
• Parents'/guardians' name and address
• Students' grade level, enrollment status and dates of attendance
• Students' photograph
• Students' participation in recognized school activities and sports
• Weight and height of members of athletic teams
• Students' diplomas, certificates, awards and honors received
The School Department may release or disclose student directory information
without prior consent ofthe student's parents/eligible students. Parents
will be provided the opportunity to give notice to the School of their
refusal to permit the disclosure of any or all directory information items.
Written notice from a parent/eligible student that any or all direction
information shall not be released will only be valid for that school year and
must be re-issued each school year.
Personally Identifiable Information: "Personally identifiable information" is
defined as data or information which makes the subject of a record known,
including a student's name the student's or student's family's address; the
name of the student's parent or other family members; a personal identifier
such as a student's Social Security number; the student's date of birth,
place of birth, or mother's maiden name; or other information that, alone or
in combination, is linked or linkable to a specific student that would allow
a reasonable person in the school community, who does not have personal
knowledge of the relevant circumstances, to identify the student with a
reasonable certainty or information requested by a person who the School
Department reasonably believes knows the identity of the student to whom the
education record relates.
Annual Notification/Rights of Parents and Eligible Students: At the beginning
of each school year the School Department shall provide parents/guardians and
eligible students notice of their rights under State and Federal law and this
policy regarding the disclosure or student records. Student handbooks sent
home will include a notice listing these rights and will include:
(1) The rights of parents or eligible students to inspect and review the
student's education records;
(2) The intent of the School Department 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 School
Department decides not to alter them according to the parent's or eligible
(4) The right of any person to file a complaint with the United States
Education if the School Department violates FERPA; and
(5) The procedure that a student's parents or an eligible student should
follow to obtain copies ofthis policy.
Procedure To Inspect Education Records: Upon written request, parents or
eligible students may inspect and review education records which they are
entitled. 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 no later than 30 days after the
principal's receipt of the request for access.
If for any valid reason such as working hours, distance between record
location sites or 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.
Procedures To Seek To Correction of Education Records: The Superintendent
shall develop procedures for parents of students or eligible students to seek
to change any part of the student's records which they believe is inaccurate,
misleading or in violation of student rights, including an appeal process to
the Superintendent of Schools and the School Board. Any change of the school
record as a result of request for the change or as a result of the appeals
process, the parent of a student or an eligible student and a representative
of the School Department shall sign and date when the change.
the School Department may disclose student records and student information
without consent to
the following parties or under the following conditions.
1. School Officials with a Legitimate Educational Interest. School
officials with a legitimate educational interest may access student
records. "Legitimate education interesf' refers to school officials or
employees who need to know information in a student's education record in
order to perform the employee's employment responsibilities and duties.
2. Other schools into which a student is transferring or enrolling.
3. Officials for audit or evaluation purposes.
4. Appropriate parties in connection with financial aid.
5. Organizations conducting certain studies for, or on behalf of the school
School Department. Student records or student information will only be
provided pursuant to this paragraph if the study is for the purpose of:
developing, validating or administering predictive tests; administering
student aid programs; or improving instruction.
6. Accrediting organizations.
7. Judicial orders or lawfully issued subpoenas.
8. Health and safety emergencies.
Maintenance of Student Records and Data: The principal of each building is
responsible for record maintenance, access and destruction of all student
records. All School Department personnel having access to records shall
place great emphasis upon privacy rights of students and parents.
The principal will ensure that all records are maintained in accordance with
application retention schedules as may be established by law.
Disclosures Made From Education Records: The School Department will maintain
an accurate record of all requests for it to disclose information from, or to
permit access to, a student's education records and of information it
discloses and access it permits, with some exceptions listed below. This
record is kept with, but is not a part of, each student's cumulative school
records. It is available only to the record custodian, the eligible student,
the parent(s) of the student or to federal, state or local officials for the
purpose of auditing or enforcing federally supported educational programs.
The record includes:
1. The name of the person who or agency which made the request;
2. The interest which the person or agency has in the information;
3. The date on which the person or agency made the request;
4. Whether the request was granted and, if it was, the date access was
permitted or the disclosure was made and
health or safety of a student or other individuals that formed the basis for
and the parties to whom the agency or institution disclosed the information.
The School Department 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 School Department 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(s) or 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.
RSA 91-A:5,JII, Exemptions, Pupil Records
RSA 189:1-e, Directory Information
20 US C. §1232g, Family Educational Rights and Privacy Act
34 C.F.R. Part 99, Family Educational Rights and Privacy Act Regulations\
Policy approved by the School Board: January 10, 2012
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