515 Policy: Protection and Privacy of Student Records (1)
515 Policy: Protection and Privacy of Student Records (1)
Approved August 17, 2020
Public Notice Attached
Juvenile Justice System Request for Information Attached
I. PURPOSE
The school district recognizes its responsibility in regard to the collection, maintenance, and dissemination of student records and the protection of the privacy rights of students as provided in federal law and state statutes.
II. GENERAL STATEMENT OF POLICY
The following procedures and policies regarding the protection and privacy of parents and students are adopted by the school district, pursuant to the requirements of 20 U.S.C. § 1232g, et seq., (Family Educational Rights and Privacy Act (FERPA)) 34 C.F.R. Part 99 and consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and Minn. Rules Parts 1205.0100-1205.2000.
III. DEFINITIONS
A. Biometric Record
“Biometric record,” as referred to in “Personally Identifiable,” means a record of one or more measurable biological or behavioral characteristics that can be used for authorized recognition of an individual (e.g., fingerprints, retina and iris patterns, voice prints, DNA sequence, facial characteristics, and handwriting).
B. Dates of Attendance
“Dates of attendance,” as referred to in “Directory Information,” means the period of time during which a student attends or attended a school or schools in the school district, including attendance in person or by paper correspondence, satellite, internet or other electronic communication technologies for students who are not in the classroom, and including the period during which a student is working under a work-study program. The term does not include specific daily records of a student’s attendance at a school or schools in the school district.
C. Directory Information
“Directory information” means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to: the student’s name, address, telephone number, school, dates of attendance (enrollment), grade level, participation in officially recognized activities and sports, weight and height of members of athletic teams, photograph / video image, birth date / age, degrees, honors and awards received.
Directory information does not include a student’s social security number or a student’s identification number (“ID”) if the ID may be used to access education records without use of one or more factors that authenticate the student’s identity such as a personal identification number, password, or other factor known or possessed only by the authorized user. It also does not include personally identifiable data which references religion, race, color, social position, or nationality. Data collected from nonpublic school students, other than those who receive shared time educational services, shall not be designated as directory information unless written consent is given by the student’s parent or guardian.
D. Education Records
1. What constitutes “education records.” Education records means those records which: (1) are directly related to a student; and (2) are maintained by the school district or by a party acting for the school district.
2. What does not constitute an education record. The term, “education records,” does not include:
a. Records of instructional personnel which:
(1) are in the sole possession of the maker of the record; and
(2) are not accessible or revealed to any other individual except a
substitute teacher; and
(3) are destroyed at the end of the school year.
b. Records of a law enforcement unit of the school district, provided
education records maintained by the school district are not disclosed to
the unit, and the law enforcement records are:
(1) maintained separately from education records;
(2) maintained solely for law enforcement purposes; and
(3) disclosed only to law enforcement officials of the same jurisdiction.
c. Records relating to an individual, including a student, who is employed by
the school district which:
(1) are made and maintained in the normal course of business;
(2) relate exclusively to the individual in that individual’s capacity as an
employee; and
(3) are not available for use for any other purpose.
However, these provisions shall not apply to records relating to an
individual in attendance at the school district who is employed as a
result of his or her status as a student.
d. Records relating to an eligible student, or a student attending an
institution of post-secondary education, which are:
(1) made or maintained by a physician, psychiatrist, psychologist, or other
recognized professional or paraprofessional acting in his or her
professional or paraprofessional capacity or assisting in that capacity;
(2) made, maintained, or used only in connection with the provision of
treatment to the student; and
(3) disclosed only to individuals providing the treatment; provided that the
records can be personally reviewed by a physician or other
appropriate professional of the student’s choice. For the purpose of
this definition, “treatment” does not include remedial educational
activities or activities that are a part of the program of instruction within
the school district.
e. Records that only contain information about an individual after he or she is
no longer a student at the school district and that are not directly related to
the individual’s attendance as a student.
E. Eligible Student
“Eligible student” means a student who has attained eighteen (18) years of age or is attending an institution of post-secondary education.
F. Juvenile Justice System
“Juvenile justice system” includes criminal justice agencies and the judiciary when involved in juvenile justice activities.
G. Legitimate Educational Interest
“Legitimate educational interest” includes interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student, student health and welfare, and the ability to respond to a request for education data. It includes a person’s need to know in order to:
1. Perform an administrative task required in the school or employee’s contract or position description approved by the school board;
2. Perform a supervisory or instructional task directly related to the student’s education; or
3. Perform a service or benefit for the student or the student’s family such as health care, counseling, student job placement, or student financial aid.
4. Perform a task directly related to responding to a request for data.
H. Parent
“Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent of the student in the absence of a parent or guardian. The school district may presume the parent has the authority to exercise the rights provided herein, unless it has been provided with evidence that there is a state law or court order governing such matters as marriage dissolution, separation or child custody, or a legally binding instrument which provides to the contrary.
I. Personally Identifiable
“Personally identifiable” means that the data or information includes, but is not limited to:
(a) a student’s name;
(b) the name of the student’s parent or other family member;
(c) the address of the student or student’s family;
(d) a personal identifier such as the student’s social security number or
student number or biometric record;
(e) other direct identifiers, such as the student’s date of birth, place of birth,
and mother’s maiden name;
(f) 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 reasonable certainty; or
(g) information requested by a person who the school district reasonably
believes knows the identity of the student to whom the education record
relates.
J. Record
“Record” means any information or data recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.
K. Responsible Authority
“Responsible authority” means Executive Director of Technology or designee.
L. Student
“Student” includes any individual who is or has been in attendance, enrolled, or registered at the school district and regarding whom the school district maintains education records. Student also includes applicants for enrollment or registration at the school district and individuals who receive shared time educational services from the school district.
M. School Official
“School official” includes: (a) a person duly elected to the school board; (b) a person employed by the school board in an administrative, supervisory, instructional, or other professional position; (c) a person employed by the school board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and (d) a person employed by, or under contract to, the school board to perform a special task such as a secretary, a clerk, a public information officer or data practices compliance official, an attorney, or an auditor for the period of his or her performance as an employee or contractor.
N. Summary Data
“Summary data” means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify the individual is ascertainable.
O. Other Terms and Phrases
All other terms and phrases shall be defined in accordance with applicable state and federal law or ordinary customary usage.
IV. GENERAL CLASSIFICATION
State law provides that all data collected, created, received, or maintained by a school district are public unless classified by state or federal law as not public or private or confidential. State law classifies all data on individuals maintained by a school district which relates to a student as private data on individuals. This data may not be disclosed to parties other than the parent or eligible student without consent, except pursuant to a valid court order, certain state statutes authorizing access, and the provisions of FERPA and the regulations promulgated thereunder.
V. STATEMENT OF RIGHTS
A. Rights of Parents and Eligible Students
Parents and eligible students have the following rights under this policy:
1. The right to inspect and review the student’s education records;
2. The right to request the amendment of the student’s education records to
ensure that they are not inaccurate, misleading, or otherwise in violation of
the student’s privacy or other rights;
3. The right to consent to disclosures of personally identifiable information
contained in the student’s education records, except to the extent that such
consent is not required for disclosure pursuant to this policy, state or
federal law, or the regulations promulgated thereunder;
4. The right to refuse release of names, addresses, and home telephone
numbers of students in grades 11 and 12 to military recruiting officers and
post-secondary educational institutions;
5. The right to file a complaint with the U.S. Department of Education
concerning alleged failures by the school district to comply with the federal
law and the regulations promulgated thereunder;
6. The right to be informed about rights under the federal law; and
7. The right to obtain a copy of this policy at the location set forth in Section
XXI. of this policy.
B. Eligible Students
All rights and protections given parents under this policy transfer to the student when he or she reaches eighteen (18) years of age or enrolls in an institution of post-secondary education. The student then becomes an “eligible student.” However, the parents of an eligible student who is also a “dependent student” are entitled to gain access to the education records of such student without first obtaining the consent of the student. In addition, parents of an eligible student may be given access to education records in connection with a health or safety emergency if the disclosure meets the conditions of any provision set forth in 34 C.F.R. § 99.31(a).
C. Disabled Students
The school district shall follow 34 C.F.R. 300.610-300.617 with regard to the confidentiality of information to students with a disability.
VI. DISCLOSURE OF EDUCATION RECORDS
A. Consent Required for Disclosure
1. The school district shall obtain a signed and dated written informed consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of the student, except as provided herein.
2. The written consent required by this subdivision must be signed and dated by the parent of the student or the eligible student giving the consent and shall include:
a. a specification of the records to be disclosed;
b. the purpose or purposes of the disclosure;
c. the party or class of parties to whom the disclosure may be made;
d. the consequences of giving informed consent; and
e. if appropriate, a termination date for the consent.
3. When a disclosure is made under this subdivision:
a. if the parent or eligible student so requests, the school district shall
provide him or her with a copy of the records disclosed; and
b. if the parent of a student who is not an eligible student so requests, the
school district shall provide the student with a copy of the records
disclosed.
4. A signed and dated written consent may include a record and signature in electronic form that:
a. identifies and authenticates a particular person as the source of the
electronic consent; and
b. indicates such person’s approval of the information contained in the
electronic consent.
5. If the responsible authority seeks an individual’s informed consent to the
release of private data to an insurer or the authorized representative of an
insurer, informed consent shall not be deemed to have been given unless
the statement is:
a. in plain language;
b. dated;
c. specific in designating the particular persons or agencies the data subject
is authorization to disclose information about the data subject;
d. specific as to the nature of the information the subject is authorizing to be
disclosed;
e. specific as to the persons or agencies to whom the subject is authorizing
information to be disclosed;
f. specific as to the purpose or purposes for which the information may be
used by any of the parties named in Clause e. above, both at the time of
the disclosure and at any time in the future; and
g. specific as to its expiration date which should be within a reasonable time,
not to exceed one year except in the case of authorizations given in
connection with applications for: (i) life insurance or non-cancellable or
guaranteed renewable health insurance and identified as such, two years
after the date of the policy, or (ii) medical assistance under Minn. Stat. Ch.
256B or Minnesota Care under Minn. Stat. Ch. 256L, which shall be
ongoing during all terms of eligibility, for individualized education program
health-related services provided by a school district that are subject to
third party reimbursement.
6. Eligible Student Consent
Whenever a student has attained eighteen (18) years of age or is attending
an institution of post-secondary education, the rights accorded to and the
consent required of the parent of the student shall thereafter only be
accorded to and required of the eligible student, except as provided in
Section V. of this policy.
B. Prior Consent for Disclosure Not Required
The school district may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:
1. To other school officials, including teachers, within the school district whom
the school district determines have a legitimate educational interest in such
records;
2. To a contractor, consultant, volunteer, or other party to whom the school
district has outsourced institutional services or functions provided that the
outside party:
a. performs an institutional service or function for which the school district
would otherwise use employees;
b. is under the direct control of the school district with respect to the use
and maintenance of education records; and
c. will not disclose the information to any other party without the prior
consent of the parent or eligible student and uses the information only for
the purposes for which the disclosure was made.
3. To officials of other schools, school districts, or post-secondary educational
institutions in which the student seeks or intends to enroll, or is already
enrolled, as long as the disclosure is for purposes related to the student’s
enrollment or transfer. The records shall include information about
disciplinary action taken as a result of any incident in which the student
possessed or used a dangerous weapon, and with proper annual notice
(see Section XIX.), suspension and expulsion information and, if
applicable, data regarding a student’s history of violent behavior. The
records also shall include a copy of any probable cause notice or any
disposition or court order under Minn. Stat. § 260B.171, unless the data
are required to be destroyed under Minn. Stat. § 120A.22, Subd. 7(c) or
§ 121A.75. On request, the school district will provide the parent or eligible
student with a copy of the education records which have been transferred
and provide an opportunity for a hearing to challenge the content of those
records in accordance with Section XV. of this policy;
4. To authorized representatives of the Comptroller General of the United
States, the Attorney General of the United States, the Secretary of the U.S.
Department of Education, or the Commissioner of the State Department of
Education or his or her representative, subject to the conditions relative to
such disclosure provided under federal law;
5. In connection with financial aid for which a student has applied or has
received, if the information is necessary for such purposes as to:
a. determine eligibility for the aid;
b. determine the amount of the aid;
c. determine conditions for the aid; or
d. enforce the terms and conditions of the aid.
“Financial aid” for purposes of this provision means a payment of funds
provided to an individual or a payment in kind of tangible or intangible
property to the individual that is conditioned on the individual’s
attendance at an educational agency or institution;
6. To state and local officials or authorities to whom such information is
specifically allowed to be reported or disclosed pursuant to state statute
adopted:
a. before November 19, 1974, if the allowed reporting or disclosure
concerns the juvenile justice system and such system’s ability to
effectively serve the student whose records are released; or
b. after November 19, 1974, if the reporting or disclosure allowed by state
statute concerns the juvenile justice system and the system’s ability to
effectively serve, prior to adjudication, the student whose records are
released, provided the officials and authorities to whom the records
are disclosed certify in writing to the school district that the data will not
be disclosed to any other party, except as provided by state law, without
the prior written consent of the parent of the student. At a minimum, the
school district shall disclose the following information to the juvenile
justice system under this paragraph: a student’s full name, home
address, telephone number, and date of birth; a student’s school
schedule, attendance record, and photographs, if any; and parents’
names, home addresses, and telephone numbers.
7. To organizations conducting studies for or on behalf of educational
agencies or institutions for the purpose of developing, validating, or
administering predictive tests, administering student aid programs, or
improving instruction; provided that the studies are conducted in a manner
which does not permit the personal identification of parents or students by
individuals other than representatives of the organization, the information is
destroyed when no longer needed for the purposes for which the study was
conducted, and the school district enters into a written agreement with the
organization that: (a) specifies the purpose, scope, and duration of the
study or studies and the information to be disclosed; (b) requires the
organization to use personally identifiable information from education
records only to meet the purpose or purposes of the study as stated in the
written agreement; (c) requires the organization to conduct the study in a
manner that does not permit personal identification of parents and students
by anyone other than representatives of the organization with legitimate
interests; and (d) requires the organization to destroy or return to the school
district all personally identifiable information when information is no longer
needed for the purposes for which the study was conducted and specifies
the time period in which the information must be returned or destroyed. For
purposes of this provision, the term, “organizations,” includes, but is not
limited to, federal, state, and local agencies and independent organizations.
In the event the Department of Education determines that a third party
outside of the school district to whom information is disclosed violates this
provision, the school district may not allow that third party access to
personally identifiable information from education records for at least five
(5) years;
8. To accrediting organizations in order to carry out their accrediting functions;
9. To parents of a student eighteen (18) years of age or older if the student is
a dependent of the parents for income tax purposes;
10. To comply with a judicial order or lawfully issued subpoena, provided,
however, that the school district makes a reasonable effort to notify the
parent or eligible student of the order or subpoena in advance of
compliance therewith so that the parent or eligible student may seek
protective action, unless the disclosure is in compliance with a federal
grand jury subpoena, or any other subpoena issued for law enforcement
purposes, and the court or other issuing agency has ordered that the
existence or the contents of the subpoena or the information furnished in
response to the subpoena not be disclosed, or the disclosure is in
compliance with an ex parte court order obtained by the United States
Attorney General (or designee not lower than an Assistant Attorney
General) concerning investigations or prosecutions of an offense listed in
18 U.S.C. § 2332b(g)(5)(B) or an act of domestic or international terrorism
as defined in 18 U.S.C. § 2331. If the school district initiates legal action
against a parent or student, it may disclose to the court, without a court
order or subpoena, the education records of the student that are relevant
for the school district to proceed with the legal action as plaintiff. Also, if a
parent or eligible student initiates a legal action against the school district,
the school district may disclose to the court, without a court order or
subpoena, the student’s education records that are relevant for the school
district to defend itself;
11. To appropriate parties, including parents of an eligible student, in
connection with an emergency if knowledge of the information is necessary
to protect the health, including the mental health, or safety of the student or
other individuals. The decision is to be based upon information available at
the time the threat occurs that indicates that there is an articulable and
significant threat to the health or safety of a student or other individuals. In
making a determination whether to disclose information under this section,
the school district may take into account the totality of the circumstances
pertaining to a threat and may disclose information from education records
to any person whose knowledge of the information is necessary to protect
the health or safety of the student or other students. A record of this
disclosure must be maintained pursuant to Section XIII.E. of this policy. In
addition, an educational agency or institution may include in the education
records of a student appropriate information concerning disciplinary action
taken against the student for conduct that posed a significant risk to the
safety or well-being of that student, other students, or other members of
the school community. This information may be disclosed to teachers and
school officials within the school district and/or teachers and school officials
in other schools who have legitimate educational interests in the behavior
of the student;
12. To the juvenile justice system if information about the behavior of a student
who poses a risk of harm is reasonably necessary to protect the health or
safety of the student or other individuals;
13. Information the school district has designated as “directory information”
pursuant to Section VII. of this policy;
14. To military recruiting officers and post-secondary educational institutions
pursuant to Section XI. of this policy;
15. To the parent of a student who is not an eligible student or to the student
himself or herself;
16. To appropriate health authorities to the extent necessary to administer
immunization programs and for bona fide epidemiologic investigations
which the commissioner of health determines are necessary to prevent
disease or disability to individuals in the public educational agency or
institution in which the investigation is being conducted;
17. To volunteers who are determined to have a legitimate educational interest
in the data and who are conducting activities and events sponsored by or
endorsed by the educational agency or institution for students or former
students;
18. To the juvenile justice system, on written request that certifies that the
information will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student:
a. the following information about a student must be disclosed: a student’s
full name, home address, telephone number, date of birth; a student’s
school schedule, daily attendance record, and photographs, if any; and
any parents’ names, home addresses, and telephone numbers;
b. the existence of the following information about a student, not the actual
data or other information contained in the student’s education record,
may be disclosed provided that a request for access must be submitted
on the statutory form and it must contain an explanation of why access
to the information is necessary to serve the student: (1) use of a
controlled substance, alcohol, or tobacco; (2) assaultive or threatening
conduct that could result in dismissal from school under the Pupil Fair
Dismissal Act; (3) possession or use of weapons or look-alike weapons;
(4) theft; or (5) vandalism or other damage to property. Prior to releasing
this information, the principal, in collaboration with the Superintendent
Designee or chief administrative officer of a school who receives such a
request must, to the extent permitted by federal law, notify the student’s
parent or guardian by certified mail of the request to disclose
information. If the student’s parent or guardian notifies the school official
of an objection to the disclosure within ten (10) days of receiving
certified notice, the school official must not disclose the information and
instead must inform the requesting member of the juvenile justice
system of the objection. If no objection from the parent or guardian is
received within fourteen (14) days, the school official must respond to
the request for information.
The written requests of the juvenile justice system member(s), as well
as a record of any release, must be maintained in the student’s file;
19. To the principal where the student attends and to any counselor directly
supervising or reporting on the behavior or progress of the student if it is
information from a disposition order received by a superintendent under
Minn. Stat. § 260B.171, Subd. 3. The principal must notify the counselor
immediately and must place the disposition order in the student’s
permanent education record. The principal also must notify immediately
any teacher or administrator who directly supervises or reports on the
behavior or progress of the student whom the principal believes needs the
information to work with the student in an appropriate manner, to avoid
being needlessly vulnerable, or to protect other persons from needless
vulnerability. The principal may also notify other school district employees,
substitutes, and volunteers who are in direct contact with the student if the
principal determines that these individuals need the information to work
with the student in an appropriate manner, to avoid being needlessly
vulnerable, or to protect other persons from needless vulnerability. Such
notices from the principal must identify the student, outline the offense,
and describe any conditions of probation about which the school must
provide information if this information is provided in the disposition order.
Disposition order information received is private educational data received
for the limited purpose of serving the educational needs of the student and
protecting students and staff. The information may not be further
disseminated by the counselor, teacher, administrator, staff member,
substitute, or volunteer except as necessary to serve the student, to
protect students and staff, or as otherwise required by law, and only to the
student or the student’s parent or guardian;
20. To the principal where the student attends if it is information from a peace
officer’s record of children received by a superintendent under Minn. Stat.
§ 260B.171, Subd. 5. The principal must place the information in the
student’s education record. The principal also must notify immediately any
teacher, counselor, or administrator directly supervising the student whom
the principal believes needs the information to work with the student in an
appropriate manner, to avoid being needlessly vulnerable, or to protect
other persons from needless vulnerability. The principal may also notify
other district employees, substitutes, and volunteers who are in direct
contact with the student if the principal determines that these individuals
need the information to work with the student in an appropriate manner, to
avoid being needlessly vulnerable, or to protect other persons from
needless vulnerability. Such notices from the principal must identify the
student and describe the alleged offense if this information is provided in
the peace officer’s notice. Peace officer’s record information received is
private educational data received for the limited purpose of serving the
educational needs of the student and protecting students and staff. The
information must not be further disseminated by the counselor, teacher
administrator, staff member, substitute, or volunteer except to
communicate with the student or the student’s parent or guardian as
necessary to serve the student, to protect students and staff, or as
otherwise required by law.
The principal must delete the peace officer’s record from the student’s
education record, destroy the data, and make reasonable efforts to notify
any teacher, counselor, staff member, administrator, substitute, or
volunteer who received information from the peace officer’s record if the
county attorney determines not to proceed with a petition or directs the
student into a diversion or mediation program or if a juvenile court makes
a decision on a petition and the county attorney or juvenile court notifies
the superintendent of such action; or
21. To the Secretary of Agriculture, or authorized representative from the Food
and Nutrition Service or contractors acting on behalf of the Food and
Nutrition Service, for the purposes of conducting program monitoring,
evaluations, and performance measurements of state and local
educational and other agencies and institutions receiving funding or
providing benefits of one or more programs authorized under the National
School Lunch Act or the Child Nutrition Act of 1966 for which the results
will be reported in an aggregate form that does not identify any individual,
on the conditions that: (a) any data collected shall be protected in a
manner that will not permit the personal identification of students and their
parents by other than the authorized representatives of the Secretary; and
(b) any personally identifiable data shall be destroyed when the data are
no longer needed for program monitoring, evaluations, and performance
measurements
22. To an agency caseworker or other representative of a State or local child
welfare agency, or tribal organization (as defined in 25 25 U.S.C. § 5304),
who has the right to access a student’s case plan, as defined and
determined by the State or tribal organization, when such agency or
organization is legally responsible, in accordance with State or tribal law,
for the care and protection of the student, provided that the education
records, or personally identifiable information contained in such records, of
the student will not be disclosed by such agency or organization, except to
an individual or entity engaged in addressing the student’s educational
needs and authorized by such agency or organization (to receive such
disclosure and such disclosure is consistent with the State or tribal laws
applicable to protecting the confidentiality of a student’s education
records).
C. Nonpublic School Students
The school district may disclose personally identifiable information from the education records of a nonpublic school student, other than a student who receives shared time educational services, without the written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:
1. Pursuant to a valid court order;
2. Pursuant to a statute specifically authorizing access to the private data; or
3. To appropriate health authorities to the extent necessary to administer
immunization programs and for bona fide epidemiological investigations
which the commissioner of health determines are necessary to prevent
disease or disability to individuals in the public educational agency or
institution in which the investigation is being conducted.
VII. RELEASE OF DIRECTORY INFORMATION
A. Classification
Directory information is public except as provided herein.
B. Former Students
Unless a former student validly opted out of the release of directory information while the student was in attendance and has not rescinded the opt out request at any time, the school district may disclose directory information from the education records generated by it regarding the former student without meeting the requirements of Paragraph C. of this section. In addition, under an explicit exclusion from the definition of an “education record,” the school district may release records that only contain information about an individual obtained after he or she is no longer a student at the school district and that are not directly related to the individual’s attendance as a student (e.g., a student’s activities as an alumnus of the school district).
C. Present Students and Parents
The school district may disclose directory information from the education records of a student and information regarding parents without prior written consent of the parent of the student or eligible student, except as provided herein. Prior to such disclosure the school district shall:
1. Annually give public notice by any means that are reasonably likely to
inform the parents and eligible students of:
a. the types of personally identifiable information regarding students and/or
parents that the school district has designated as directory information;
b. the parent’s or eligible student’s right to refuse to let the school district
designate any or all of those types of information about the student
and/or the parent as directory information; and
c. the period of time in which a parent or eligible student has to notify the
school district in writing that he or she does not want any or all of those
types of information about the student and/or the parent designated as
directory information.
2. Allow a reasonable period of time after such notice has been given for a
parent or eligible student to inform the school district in writing that any or
all of the information so designated should not be disclosed without the
parent’s or eligible student’s prior written consent, except as provided in
Section VI. of this policy.
3. A parent or eligible student may not opt-out of the directory information
disclosures to prevent the school district from disclosing or requiring the
student to disclose the student’s name, identifier, or school district e-mail
address in a class in which the student is enrolled.
4. The school district shall not disclose or confirm directory information
without meeting the written consent requirements contained in Section
VI.A. of this policy if a student’s social security number or other non-
directory information is used alone or in combination with other data
elements to identify or help identify the student or the student’s records.
D. Procedure for Obtaining Nondisclosure of Directory Information
The parent’s or eligible student’s written notice shall be directed to the school principal or the district student records department and shall include the following:
1. Name of the student and/or parent, as appropriate;
2. Home address;
3. School presently attended by student;
4. Parent’s legal relationship to student, if applicable; and
5. Specific categories of directory information to be made not public without
the parent’s or eligible student’s prior written consent, which shall only be
applicable for that school year.
E. Duration
The designation of any information as directory information about a student or parents will remain in effect for the remainder of the school year unless the parent or eligible student provides the written notifications provided herein.
VIII. DISCLOSURE OF PRIVATE RECORDS
A. Private Records
For the purposes herein, education records are records which are classified as private data on individuals by state law and which are accessible only to the student who is the subject of the data and the student’s parent if the student is not an eligible student. The school district may not disclose private records or their contents except as summary data, or except as provided in Section VI. of this policy, without the prior written consent of the parent or the eligible student. The school district will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other party to whom personally identifiable information from education records is disclosed.
B. Private Records Not Accessible to Parent
In certain cases state law intends, and clearly provides, that certain information contained in the education records of the school district pertaining to a student be accessible to the student alone, and to the parent only under special circumstances, if at all.
1. The responsible authority may deny access to private data by a parent
when a minor student who is the subject of that data requests that the
responsible authority deny such access. The minor student’s request must
be submitted in writing setting forth the reasons for denying access to the
parent and must be signed by the minor. Upon receipt of such request the
responsible authority shall determine if honoring the request to deny the
parent access would be in the best interest of the minor data subject. In
making this determination the responsible authority shall consider the
following factors:
a. whether the minor is of sufficient age and maturity to be able to explain
the reasons for and understand the consequences of the request to
deny access;
b. whether the personal situation of the minor is such that denying parental
access may protect the minor data subject from physical or emotional
harm;
c. whether there are grounds for believing that the minor data subject’s
reasons for precluding parental access are reasonably accurate;
d. whether the data in question is of such a nature that disclosure of it to
the parent may lead to physical or emotional harm to the minor data
subject; and
e. whether the data concerns medical, dental or other health services
provided pursuant to Minn. Stat. §§ 144.341-144.347, in which case the
data may be released only if the failure to inform the parent would
seriously jeopardize the health of the minor.
C. Private Records Not Accessible to Student
Students shall not be entitled to access to private data concerning financial records and statements of the student’s parent or any information contained therein.
IX. DISCLOSURE OF CONFIDENTIAL RECORDS
A. Confidential Records
Confidential records are those records and data contained therein which are made not public by state or federal law, and which are inaccessible to the student and the student’s parents or to an eligible student.
B. Reports Under the Maltreatment of Minors Reporting Act
Pursuant to Minn. Stat. § 626.556, reports pertaining to a neglected and/or physically and/or sexually abused child shall be accessible only to the appropriate welfare and law enforcement agencies. In respect to other parties, such data shall be confidential and will not be made available to the parent or the subject individual by the school district. The subject individual, however, may obtain a copy of the report from either the local welfare agency, county sheriff, or the local police department subject to the provisions of Minn. Stat. § 626.556, Subd. 11.
C. Investigative Data
Data collected by the school district as part of an active investigation undertaken for the purpose of the commencement or defense of pending civil legal action, or which are retained in anticipation of a pending civil legal action are classified as protected nonpublic data in the case of data not on individuals, and confidential data in the case of data on individuals.
1. The school district may make any data classified as protected non-public
or confidential pursuant to this subdivision accessible to any person,
agency, or the public if the school district determines that such access will
aid the law enforcement process, promote public health or safety, or dispel
widespread rumor or unrest.
2. A complainant has access to a statement he or she provided to the school
district.
3. Parents or eligible students may have access to investigative data of
which the student is the subject, but only to the extent the data is not
inextricably intertwined with data about other school district students,
school district employees, and/or attorney data as defined in Minn. Stat.
§ 13.393.
4. Once a civil investigation becomes inactive, civil investigative data
becomes public unless the release of the data would jeopardize another
pending civil legal action, except for those portions of such data that are
classified as not public data under state or federal law. Any civil
investigative data presented as evidence in court or made part of a court
record shall be public. For purposes of this provision, a civil investigation
becomes inactive upon the occurrence of any of the following events:
a. a decision by the school district, or by the chief attorney for the school
district, not to pursue the civil legal action. However, such investigation
may subsequently become active if the school district or its attorney
decides to renew the civil legal action;
b. the expiration of the time to file a complaint under the statute of
limitations or agreement applicable to the civil legal action; or
c. the exhaustion or expiration of rights of appeal by either party to the civil
legal action.
5. A “pending civil legal action” for purposes of this subdivision is defined as
including, but not limited to, judicial, administrative, or arbitration
proceedings.
D. Chemical Abuse Records
To the extent the school district maintains records of the identity, diagnosis, prognosis, or treatment of any student which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States, such records are classified as confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized by law.
X. DISCLOSURE OF SCHOOL RECORDS PRIOR TO EXCLUSION OR EXPULSION HEARING
At a reasonable time prior to any exclusion or expulsion hearing, the student and the student’s parent or guardian or representative shall be given access to all school district records pertaining to the student, including any tests or reports upon which the action proposed by the school district may be based, pursuant to the Minnesota Pupil Fair Dismissal Act, Minn. Stat. § 121A.40, et seq.
XI. DISCLOSURE OF DATA TO MILITARY RECRUITING OFFICERS AND POST- SECONDARY EDUCATIONAL INSTITUTIONS
A. The school district will release the names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions within sixty (60) days after the date of the request unless a parent or eligible student has refused in writing to release this data pursuant to Paragraph C. below.
B. Data released to military recruiting officers under this provision:
1. may be used only for the purpose of providing information to students
about military service, state and federal veterans’ education benefits, and
other career and educational opportunities provided by the military; and
2. cannot be further disseminated to any other person except personnel of
the recruiting services of the armed forces.
C. A parent or eligible student has the right to refuse the release of the name, address, or home telephone number to military recruiting officers and post-secondary educational institutions. To refuse the release of the above information to military recruiting officers and post-secondary educational institutions, a parent or eligible student must notify the school office or the district student records department in writing by September 30 each year. The written request must include the following information:
1. Name of student and parent, as appropriate;
2. Home address;
3. Student’s grade level;
4. School presently attended by student;
5. Parent’s legal relationship to student, if applicable;
6. Specific category or categories of information which are not to be released
to military recruiting officers and post-secondary educational institutions;
and
7. Specific category or categories of information which are not to be released
to the public, including military recruiting officers and post-secondary
educational institutions.
D. Annually, the school district will provide public notice by any means that are reasonably likely to inform the parents and eligible students of their rights to refuse to release the names, addresses, and home phone numbers of students in grades 11 and 12 without prior consent.
E. A parent or eligible student’s refusal to release the above information to military recruiting officers and post-secondary educational institutions does not affect the school district’s release of directory information to the rest of the public, which includes military recruiting officers and post-secondary educational institutions. In order to make any directory information about a student private, the procedures contained in Section VII. of this policy also must be followed. Accordingly, to the extent the school district has designated the name, address, phone number, and grade level of students as directory information, absent a request from a parent or eligible student not to release such data, this information will be public data and accessible to members of the public, including military recruiting officers and post-secondary educational institutions.
XII. LIMITS ON REDISCLOSURE
A. Redisclosure
Consistent with the requirements herein, the school district may only disclose personally identifiable information from the education records of a student on the condition that the party to whom the information is to be disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that the officers, employees, and agents of any party receiving personally identifiable information under this section may use the information, but only for the purposes for which the disclosure was made.
B. Redisclosure Not Prohibited
1. Subdivision A. of this section does not prevent the school district from
disclosing personally identifiable information under Section VI. of this
policy with the understanding that the party receiving the information may
make further disclosures of the information on behalf of the school district
provided:
a. The disclosures meet the requirements of Section VI. of this policy; and
b. The school district has complied with the record-keeping requirements
of Section XIII. of this policy.
2. Subdivision A. of this section does not apply to disclosures made pursuant
to court orders or lawfully issued subpoenas or litigation, to disclosures of
directory information, to disclosures to a parent or student or to parents of
dependent students, or to disclosures concerning sex offenders and other
individuals required to register under 42 U.S.C. § 14071. However, the
school district must provide the notification required in Section XII.D. of
this policy if a redisclosure is made based upon a court order or lawfully
issued subpoena.
C. Classification of Disclosed Data
The information disclosed shall retain the same classification in the hands of the party receiving it as it had in the hands of the school district.
D. Notification
The school district shall inform the party to whom a disclosure is made of the requirements set forth in this section, except for disclosures made pursuant to court orders or lawfully issued subpoenas, disclosure of directory information under Section VII. of this policy, disclosures to a parent or student, or disclosures to parents of a dependent student. In the event that the Family Policy Compliance Office determines that a third party outside of the school district improperly rediscloses personally identifiable information from education records or fails to provide notification required under this section of this policy, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years.