5020 (JRA) - Student Records and Access

A. General Statement. It is the policy of the School Board that all school district 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 school district personnel
will follow the provisions of the Family Educational Rights Privacy Act (FERPA) and its
corresponding regulations.

 

B. "Education Record". For the purposes of this policy and in accordance with FERPA,
the term “education record” is defined as all records, files, documents and other material
containing information directly related to a student; and maintained by the school district; or
by such other agents as may be acting for the school district. Such records include, but are
not limited to, completed forms, printed documents, handwriting, videotape, audiotape,
electronic or computer files, film, print, microfilm and/or microfiche. Education records do
not include records of instructional, supervisory, and administrative personnel and
education personnel ancillary thereto which are in the sole possession of the maker thereof
and which are not accessible or revealed to any other person except a substitute.

 

C. "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:

1. Students' name(s), address(es), telephone number(s), and date(s) of enrollment;
2. Parents'/guardians' name(s) and address(es);
3. Students’ grade levels, enrollment status and dates of attendance;
4. Students’ photographs;
5. Students’ participation in recognized school activities and sports;
6. Weight and height of members of athletic teams;
7. Post-high school plans; and
8. Students' diplomas, certificates, awards and honors received.

Except for elements of a student’s directory information which the student’s parents or an
eligible student has notified the District not to disclose, the District may release or disclose
student directory information without prior consent of the student’s parents/eligible students.
Within the first three weeks of each school year, the District will provide notice to
parents/eligible students of their rights under FERPA and that the District may publish
directory information without their prior consent. Processes are specified in district
procedure JRA-R.

 

D. "Personally Identifiable Information". “Personally identifiable information” is defined
as data or information which makes the individual who is 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.
“Personally identifiable information” also includes 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 other information
requested by a person who the District reasonably believes knows the identity of the
student to whom the education record relates.

E. Annual Notification/Rights of Parents and Eligible Students. The District will publish
notice to parents and eligible students of their rights under State law, Federal law, and this
policy. Parents or eligible students will be required to acknowledge the notification provided
by the District and sign off on their receipt. Such procedures are outlined in JRA-R.

F. Inspecting Education Records. Parents or eligible students may inspect and review
that student’s education records. In some circumstances, it may be more convenient for the
record custodian to provide copies of 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.

 

G. Seeking To Correct Education Records. Parents of students or eligible students have
a right to request a change to any part of the student’s records which they believe is
inaccurate, misleading or in violation of student rights. FERPA and its regulations use both
"correct/ion" and "amend". For the purposes of this policy, the two words (in all of their
respective forms) shall mean the same thing unless the context suggests otherwise. The
process to seek a change to an education record can be found in JRA-R.

 

H. Disclosure of Student Records and Student Information. In addition to directory
information, the District may disclose student records and student information without
consent to the following parties on the condition that the recipient agrees not to permit any

other party to have access to the released information without the written consent of the
parents of the student, and under the conditions specified.

1. School officials with a legitimate educational interest. School officials with a
legitimate educational interest may access student records. “Legitimate education
interest” 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, upon condition that the
student’s parents be notified of the transfer, receive a copy of the record if desired,
and have an opportunity for a hearing to challenge the content of the record. This
exception continues after the date that a student has transferred
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 District.
Upon prior approval of Superintendent, 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. The recipient organization must agree to limit
access to the information and to destroy the information when no longer needed for
the purpose for which it is released.
6. Accrediting organizations.
7. Judicial orders or lawfully issued subpoenas, upon condition that parents and the
student are notified of all such orders or subpoenas in advance of compliance
therewith by the District, except when a parent is a party to a court proceeding
involving child abuse or neglect or dependency. The Principal shall consult with the
Superintendent and legal counsel as needed to ensure compliance with the judicial
order and applicable law.
8. Health and safety emergencies.

 

I. 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 district personnel having access to records shall place great emphasis upon privacy
rights of students and parents.

All entries into student records must be dated and signed by the person accessing such
records.

The principal will ensure that all records are maintained in accordance with applicable
retention schedules as may be established by law.

 

J. Disclosures Made From Education Records. The District 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 the information it discloses and persons to whom it permits
access, 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. Information
maintained in this record is outlined in JRA-R.

 

First Read: 2/5/2024

Second Read 2/19/2024

 

Legal References:

 

Adopted: 3/1976
Revised: 12/2008, 1/2016, 2/2024