RELATIONSHIP WITH GOVERNMENTAL AGENCIES

RELATIONSHIP WITH GOVERNMENTAL AGENCIES

ag5540.02Adopted December 9, 2025

5540.02 - RELATIONSHIP WITH GOVERNMENTAL AGENCIES

Principals are expected to comply with the law regarding access to School Corporation premises and its students by Federal, State and local governmental agencies. This applies to both requests for education records and interviews of students.

Requests for Education Records

When a governmental agency requests copies of a student’s education records, the Principal will determine whether (1) the governmental agency has written parental consent to release the education records to the governmental agency; (2) the governmental agency has a court order or lawfully issued subpoena; or (3) one of the other following exceptions contained in 34 C.F.R. 99.31 applies:

  1. The disclosure is, subject to the requirements of §99.35, to authorized representatives of—
     
    1. The Comptroller General of the United States;
    2. The Attorney General of the United States;
    3. The Secretary of the U.S. Department of Education; or
    4. State and local educational authorities.
  2. The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
     
    1. Determine eligibility for the aid;
    2. Determine the amount of the aid;
    3. Determine the conditions for the aid; or
    4. Enforce the terms and conditions of the aid.

“Financial aid” 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.

  1. The disclosure is to State and local officials or authorities to whom this information is specifically—
     
    1. Allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or
    2. Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of 34 C.F.R. 99.38.

      This exception does not prevent the State from further limiting the number or type of State or local officials to whom disclosures may be made under this exception.
  2. The disclosure is to accrediting organizations to carry out their accrediting functions.
  3. The disclosure is in connection with a health or safety emergency under the conditions described in 34 C.F.R. 99.36.
  4. The disclosure is information the Corporation has designated as “directory information” under the conditions described in 34 C.F.R. 99.37.
  5. The disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable Federal guidelines.

The Principal will ask governmental agency for a copy of: (1) the written parental consent to release the education records to the governmental agency; or (2) the court order or lawfully issued subpoena that requires the School to produce the student’s education records. If the governmental agency employee presents a release signed by the parent that authorizes the Corporation to release the student’s education records to the governmental agency, the Principal will provide access to (and, if requested, copies of) the Student’s education records. If the governmental agency employee presents a court order of lawfully issued subpoena, the Principal may disclose the student’s education records only if the school makes a reasonable effort to notify the parent or eligible student (that is, a student who is emancipated or at least 18 years of age) of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with:

  1. A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
  2. Any other subpoena issued for a law enforcement purpose 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
  3. 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 one of the other exceptions to the release of education records without parental consent in 34 C.F.R. 99.31 listed above applies, the Principal will provide access to (and, if requested, copies of) the Student’s education records.

The Principal must document the release of education records to the governmental agency as required by PO 8330 – Student Records and any administrative guidelines, including the exception that permits release of the records without parent consent, as applicable.

Interviews by a Governmental Agency

When a governmental agency requests permission to interview a student at school, the Principal will ask the agency employee to present their official credentials or other proof of employment with the governmental agency. Unless it already has been provided, the Principal also will ask the agency employee to provide the written parental consent to interview the student or the court order to interview the student at school. If written parental consent or a court order is produced regarding the need for an agency employee to interview a student at school, it shall be maintained in the student's education records in compliance with po8330 - Student Records.

When a governmental agency requests permission to interview a student at school, the Principal will attempt to inform the student's parents, unless directed not to do so by the representative of the agency request that the agency inform a parent unless the parent is the target of the investigation.

When the governmental agency states a legitimate purpose for questioning or examining a student while the student is entrusted to the Corporation, the Principal will be present throughout the proceedings, unless ordered not to be present by a representative of the governmental agency or a court of law.

Except in the case of an emergency or where the governmental agency has a warrant, all governmental agency employees must follow the procedures for school visitors as established by the Superintendent pursuant to PO 9150 – School Visitors and AG 9150 – School Visitors.

The Principal will not interfere with the interview or examination if present during the interview or examination but will only observe.

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