Policy 9050 Implementation Procedures - Student Records

The student is married.

The student is under age 18 and has been declared emancipated by the courts.

The student is age 18 or older and is living independently of the student’s parents.

The right to inspect, review, and receive a copy of the student’s education records within 45 calendar days of the day the school receives a request for access.

The right to request the amendment of the student’s education records that are believed to be inaccurate or misleading or violate the privacy rights of the student.

The right to consent to disclosures of personally identifiable information (PII) contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

The right to file a complaint with the Family Policy Compliance Office of the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA.

All rights and protections given parents under this policy transfer to the student when the student reaches age 18 or enrolls in a post-secondary institution. The rights accorded to and the consent required of the parent will, thereafter, only be accorded to and required of the eligible student.

Exceptions include:

The school will assume that both the custodial and noncustodial parents have FERPA rights unless provided with legal documentation to the contrary. When the parents of a student are separated, divorced or living apart, the Howard County Public School System (HCPSS) will permit both the custodial and noncustodial parent to inspect, review, and obtain copies of their student’s education records unless the custodial parent provides the HCPSS with a copy of a court order or other legally binding instrument, such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to their student’s education records or other school-related information.

If a noncustodial parent requests to be provided copies of school-related information provided to the custodial parent, the school will provide copies to the noncustodial parent, unless the custodial parent provides the school with a copy of a court order or legally binding instrument, such as a separation agreement, or the relevant parts of the document, which provides that the noncustodial parent may not have access to their student’s education records or other school-related information.

The school may require a noncustodial parent who requests to be provided with copies of school-related information provided to the custodial parent to pay a reasonable fee at the beginning of the school year for copying and mailing the documents.

A student education record, as defined by both FERPA and COMAR, means those records that are:

Minimal content of student education records will be as prescribed in the Maryland Student Records Manual and any other Maryland State Department of Education (MSDE) regulations pertaining to student records, as per COMAR 13A.08.02.09.

A student’s legal name will be used on all official records. In the event of a name change resulting from marriage or a Court Order, the student’s legal name and all former names will be maintained.

Student education records, protected by FERPA that the HCPSS maintains, may include, but are not limited to:

The following records are not “student education records” as defined by FERPA and are therefore not accessible to parents or eligible students. The HCPSS protects these confidential records that, in any format and location, may include but are not limited to:

The HCPSS maintains directory information that is part of a FERPA-protected student education record, but which is not considered harmful or a violation of privacy if disclosed.

Directory information may include the following records relating to a student:

All records related to a student in physical format will be stored in a secure, lockable location.

All records related to a student in an electronic format will be password protected.

A review of a student education record will occur when:

An update of a student’s education record during the school year will occur when there are:

A Maryland Student Exit Transfer Record Card (SR 7 Card) will be provided to the parent of the student at the time of transfer or withdrawal if the parent is present. If the parent is not present, the SR 7 Card will be transferred to the receiving school immediately. Transfer of records for homeless students do not require a written request.

Students who are in state-supervised care, including those in foster care, residential child care programs, or treatment facilities, have certain rights with regard to the transfer of records under COMAR 13A.08.07. These rights include strict timelines regarding the prompt transfer of records and dispute resolution guidelines. HCPSS employees are responsible for adhering to these regulations and the specific guidelines are published in the HCPSS Student Records Manual.

Limits on Transfer of Records

Records that do not transfer with the student include:

Transfer of student education records will not be denied because of debts incurred.

Records related to students who are no longer in the HCPSS will be stored in a central archive under the supervision of the Superintendent/Designee.

Psychological reports will be returned to the Office of Psychological Services when that data is no longer educationally useful, or is more than six (6) school years old (the current school year and the five previous school years), along with documentation of the date of transfer. Such records will be destroyed six (6) school years after the student graduates from secondary school, completes a program adopted by the Board, leaves school, or, for a student identified as in need of special education services, reaches the age of 21. Parents and eligible students will be informed of the records destruction timeline.

Records that identify a student as eligible for special education and related services and which document the services received will be destroyed six (6) years after the student graduates from secondary school, completes a program adopted by the Board, leaves school, or, for a student identified as in need of special education services, reaches the age of 21. Parent requests to destroy records cannot appeal this standard. Records to be kept include IEPs and IEP Team minutes containing:

Records of Suspected Child Abuse/Child Neglect/Mental Injury will be retained in accordance with Policy 1030 Child Abuse and Neglect.

If a student with an IEP is eligible for medical assistance and billing has occurred for services, documentation will be maintained as listed below for six (6) school years to document the student’s eligibility for medical assistance, eligibility for the services provided, and notes/logs documenting the services provided. Parent requests to destroy records cannot appeal this standard. Records to be kept include IEP and IEP Team minutes containing:

Discipline records will be maintained until the student graduates, completes his/her education program, or the student becomes 21 years of age.

Gang-Related activity reports will be maintained until the student graduates, permanently leaves school, or turns 22 years of age. If the allegation is unsubstantiated, all related records will be destroyed immediately.

Archived teacher gradebooks will be maintained for three (3) school years.

Individual student education records not required or specifically regulated by other state or local regulations will be destroyed when they no longer serve legitimate educational purposes, subject to the following exceptions:

The right to inspect and review their student’s education records.

The right to seek to correct parts of their student’s education record which are believed to be inaccurate, misleading, or in violation of the student’s privacy rights.

The right to a hearing to present evidence that their student’s education record should be changed if the HCPSS decides not to alter it according to the parent’s request.

The right to place a clarifying statement in their student’s education record if the challenged record is not removed or amended.

The right to consent to the disclosures of PII contained in their student’s education records, except to the extent that disclosure is authorized without consent.

The right to file a complaint with the Family Policy Compliance Office of the U.S. Department of Education if the HCPSS appears to violate this policy.

The procedure to follow to obtain copies of this policy.

The intent of the HCPSS to limit the disclosure of information contained in a student’s education records except:

The right to restrict the release of directory information about their child by the HCPSS.

The right of noncustodial parents to be provided copies of the school-related information normally provided to the custodial parent at school meetings, by mail, or by sending home with the student.

Each school will provide parents or eligible students requesting to review/inspect records a list of the types of student education records collected, maintained, or used regarding the student.

The principal/designee will comply with requests for access to a student’s education record within a reasonable period of time, but not more than 45 calendar days after the request has been received.

A parent or eligible student will submit to the principal a written request that identifies the record or records he/she wishes to inspect. The principal/designee will make the needed arrangements as promptly as possible and notify the parent or eligible student in writing of the time and place where the records may be inspected in the presence of a school official.

If, for any valid reason, a parent or eligible student cannot personally inspect and review a student’s education record, the school will arrange for the parent or eligible student to obtain copies of the record.

PII about other students will not be revealed.

The HCPSS will respond to reasonable requests for explanation and interpretation of student records.

Access to psychological reports is restricted to those permitted by law who have a legitimate educational interest. When a psychological report is part of the record to be reviewed, a school psychologist from the Office of Psychological Services will be available for interpretation.

A parent or eligible student who believes that specific content contained in their student’s education record is inaccurate or misleading or violates the privacy rights of the student, may request that the HCPSS amend those records. These procedures do not address requests to change a grade unless the grade is inaccurately recorded.

Requests for amending student education records may be initiated at the school level through a documented request signed by the parent or eligible student and submitted to the principal. The request will include the specific content that appears to be incorrect or misleading or in violation of the privacy rights of the student and data and/or documentation supporting the request.

The principal will review the request and respond in writing within 14 calendar days of the receipt of the request.

The written response from the principal will inform the parent or eligible student either:

If the parent or eligible student is not satisfied with the response by the principal, the parent or eligible student may request a hearing to appeal the decision. The appeal should be made to the appropriate director and should include the initial change request and the principal’s written response.

If the parent or eligible student places a statement in their student’s education record, this statement will be kept in the student education record as long as the contested portion of the record is maintained by the HCPSS. If the student education record, or the contested portion thereof, is disclosed by the HCPSS to any party, the explanation will also be disclosed to that party.

A parent or eligible student may waive any rights provided in FERPA, COMAR, or this policy, if given in writing and signed by the appropriate individual. The HCPSS may not require such a waiver.

An applicant for admission to an institution of post-secondary education or employment may waive his/her right to inspect and review confidential letters and confidential statements of recommendation, applications for employment, or receipt of an honor or honorary recognition.

A waiver as described above may be revoked with respect to future actions.

Directory information may be disclosed without the consent of the parent, as provided in FERPA and COMAR.

In accordance with section 4-313 of the General Provisions Article, Annotated Code of Maryland (Public Information Act (PIA)), the HCPSS, in response to a PIA request, will deny inspection of an HCPSS FERPA-protected student education record about the home address, home telephone number, biography, family, physiology, religion, academic achievement, or physical or mental ability of a student. However, student phone numbers and home addresses may be released without parental consent, in response to a PIA request to:

All requests for student addresses and/or phone numbers except those included in VII.A.2 above will be made in writing to and are subject to the approval of the Superintendent/Designee.

The HCPSS will ensure that parents are notified annually of:

Detailed directory information beyond what is specified in these procedures will not be made public. Directory information cannot be combined with other confidential student records and made public without prior parent permission.

The principal/designee will keep a record of each request for disclosure, and each disclosure of PII from student education records, showing:

The above requirement does not apply to directory information.

The record of disclosures may be inspected:

The signed and dated written consent of a parent or eligible student will be secured before any HCPSS employee discloses PII from any student’s FERPA-protected education records, except as provided elsewhere in this policy. A signed and dated written consent may include a record and signature in electronic form that identifies and authenticates a person as the source of the electronic consent. Such consent will include the following:

The parent or eligible student will be notified by the principal/designee of the disclosure request, and will certify to the principal his/her consent in writing. A copy of the disclosed record will be provided to the parent or eligible student upon request (when consent for disclosure is required), or to the student who is not eligible upon request by the student’s parent.

Consent for disclosure of a psychological or psychiatric report will be sent to the Office of Psychological Services so that report can be released and a record of such disclosure can be maintained.

To other school system officials within the HCPSS who have been determined by the HCPSS to have a legitimate educational interest.

To officials of other schools, or school systems, in which the student seeks to enroll.

To the following authorized representatives in connection with the audit and evaluation of federally supported education programs:

In connection with financial aid for which a student has applied, or which a student has received, PII from the FERPA- protected education records of the student will be disclosed only as may be necessary for such purposes as:

To state and local officials, or authorities, to whom records are specifically required by state statute to be reported or disclosed.

To organizations, including educational institutions, conducting research studies for or on behalf of the HCPSS, for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the:

To accrediting organizations in order to carry out their accrediting functions.

To parents of dependent students as defined in section 152 of the Internal Revenue Code of 1954.

To comply with a judicial order or lawfully issued subpoena. When served with a judicial order or subpoena for student records, HCPSS employees will first notify an administrator and make a reasonable effort to notify the parent or eligible student in advance of compliance. (Such a reasonable effort may be through a witnessed telephone call, registered letter, or email). However, contact with the parent or eligible student should not occur if the disclosure is in compliance with:

In connection with an emergency, PII may be disclosed to appropriate parties if knowledge of the PII is necessary to protect the health or safety of the student or other individuals. (School personnel are required to report suspected child abuse and neglect as set forth in Policy 1030 Child Abuse and Neglect). The factors to be taken into account in determining whether the PII may be disclosed under this section include the following:

Third party psychological and psychiatric reports may not be redisclosed.

Reportable offense records will not be redisclosed by subpoena or other means except by order of a juvenile court or other court upon good cause shown, or as provided by the reportable offense law. The reportable offense law permits the Superintendent to transmit records received from the law enforcement agency and the State’s Attorney regarding the reportable offense as a confidential file to the Superintendent of another public school system in the state in which the student has been enrolled or transferred.

Records released by public agencies may not be redisclosed even if the school is in receipt of a consent to release information form from the parent or eligible student.

When there is a risk to a student or others, information shared in confidence by students to HCPSS Board members or school system officials will be disclosed to principals; to those persons who, by their training or licensure, are able to provide immediate appropriate assistance; or to parents, except as outlined in Policy 1030 Child Abuse and Neglect.

Students will be notified of the limits of confidentiality prior to engaging in support services with school personnel that may result in the sharing of confidential information. Notification of the limits of confidentiality should be provided verbally and in writing.

HCPSS Board members and school system officials who obtain information from a student that represents a risk to self or others are required to report this information to the appropriate HCPSS staff and outside agency as provided in the specific reporting requirements in the following policies and procedures: