STUDENT RECORDS | Administrative Guideline Manual

8330 - STUDENT RECORDS

Student records shall be maintained in accordance with Board Policy 8330 - Student Records and State/Federal laws and regulations.

The student record is the legal record for each student who is or has attended schools within the District. All information contained in the student record must be factual, verifiable, and of a constructive nature. The Board shall collect, maintain, and use only information necessary for legally mandated functions.

Student "personally identifiable information" includes, but is not limited to: the student's name; the name of the student's parent(s) or other family members; the address of the student or student's family; a personal identifier, such as the student's social security number, student number, or biometric record; other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; 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 information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

Address Confidentiality Program

Students who are verified participants in the Safe at Home/Address Confidentiality Program administered by the Wisconsin Department of Justice shall be permitted to use their substitute assigned address for all District purposes.

Definitions

"Record" means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.
"Student records" include all records relating to an individual student, regardless of format, other than: 1) notes or records maintained for personal use by teachers or other personnel required to hold certification by the Department, provided those notes or records are not available to others; 2) records necessary for and available only to persons involved in the psychological treatment of a student; and 3) law enforcement unit records. The District is required, however, to maintain the confidentiality of law enforcement unit records in the same manner as a law enforcement agency is required to treat the records of juveniles under Section 938.396(1) to (1x) and (5). The terms "Education Record" and "Pupil Record" are also used to refer to student records. The term "Education Record" excludes the following:
1. records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto that are:
  1. kept in the sole possession of the maker thereof; and
  2. used only as a personal memory aid; and
  3. not accessible or revealed to any other person except a temporary substitute for the maker of the record;
    
    For the purpose of this definition, a "substitute" means an individual who performs on a temporary basis the duties of the individual who made the record and does not refer to an individual who permanently succeeds the maker of the record in that position.
2. records maintained by a law enforcement unit (e.g., School Resource Officer) of the School District that were created by that law enforcement unit for the purpose of law enforcement;
3. records relating to an individual who is employed by the Board, that:
  1. are made and maintained in the normal course of business;
  2. related exclusively to the individual in that individual's capacity as an employee; and
  3. are not available for use for any other purpose;
    
    Records, however, relating to an individual at the District who is employed as a result of the student's status as a student are education records.
4. records on a student who is eighteen (18) years of age or older, that are:
  1. made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the individual's professional capacity or assisting in a paraprofessional capacity; and
  2. made, maintained, or used only in connection with the treatment of the student; and
  3. disclosed only to individuals providing the treatment (except, 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 part of the program of instruction at the educational agency or institution;
5. records created or received by the Board after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student (e.g. information pertaining to the accomplishments of alumni);
6. grades on peer-graded papers before they are collected and recorded by a teacher.
"Progress records" are student records that include a statement of courses taken by the student, the student's grades, the student's immunization records, the student's attendance record, any lead screening records required under 254.162, Wis. Stats. and records of the student's extra-curricular activities.
"Behavioral records" include student record other than progress records and directory data. Examples include: standardized achievement tests, psychological tests, personality evaluations, records of conversations, written statements relating specifically to an individual student's behavior, tests relating specifically to achievement or measurement of ability, student physical health records other than the student's immunization records, and law enforcement records
"Student physical health records" include basic health information about a student, including the student's immunization records, an emergency medical card, a log of first aid and medicine administered to the student, an athletic permit card, a record concerning the student's ability to participate in an education program, the results of any routine screening test such as for hearing, vision, or scoliosis, and any follow-up to such test, and any other basic health information as determined by the State Superintendent of Public Instruction.
"Law enforcement unit" means any individual, office, department, division, or other component of a School District that is authorized or designated by the Board to do any of the following:
1. Enforce any law or ordinance, or refer to the appropriate authorities a matter for enforcement of any law or ordinance, against any person other than the District.
2. Maintain the physical security and safety of a public school.
"Law enforcement unit records" means records maintained by a law enforcement unit that were created by that law enforcement unit for the purpose of law enforcement.
"Court records" include those records received from a court clerk concerning a juvenile enrolled in the District who: 1) has had a petition filed with the court alleging that the student has committed a delinquent act that would be a felony if committed by an adult; 2) has been adjudged delinquent; 3) has school attendance as a condition of the student's court dispositional order; or 4) has been found to have committed a delinquent act, at the request of or for the benefit of a criminal gang, that would be a felony if committed by an adult and has been adjudged delinquent on that basis.
"Student patient records" include all those records relating to a student's physical health except those included in the 'student physical health records' definition above.
"Directory data" includes references to "directory information" in the context of the Family Educational Rights and Privacy Act (FERPA) and Wisconsin law. "Directory Data" includes those student records as identified in Policy 8330 - Student Records.
"Law enforcement officers' records" includes those records and other information obtained from a law enforcement agency relating to: 1) the use, possession, or distribution of alcohol or a controlled substance by a student enrolled in the District; 2) the illegal possession of a dangerous weapon by a child; 3) an act for which a District student was taken into custody based on the law enforcement officer’s belief that the student violated or was violating certain specified laws; and 4) the act for which a juvenile enrolled in the District was adjudged, delinquent. The law enforcement agency may provide such record information to the District on its own initiative or on the request of the District Administrator or designee, subject to the agency’s official policy. Once the record information is received, the student named in the records and the parent of any minor student named in the records shall be notified on the information.
"Eligible student" means a student who is no longer a minor due to having reached the age of eighteen (18). Also referred to as an adult student.

The District maintains or may establish video surveillance for security reasons at various areas around its facilities and on its buses. Video and/or audio recordings that capture students may constitute a student record, under certain circumstances. This is generally where the record is maintained to document student conduct or misconduct unless it is maintained for law enforcement purposes as described above. Generally, video taken of athletic events or other student performances that are open to the public will not be considered student records. The District Administrator or designee will determine whether the video constitutes a student record prior to the release of any video surveillance containing students, other than to authorized individuals.

The student's school record shall be retained consistent with Policy 8310 - Public Records.

Responsibility

The Principal is responsible for maintaining the confidentiality of directory data if the parents or eligible student have so requested, and other personally identifiable information in the education records and may delegate certain responsibilities to office staff. The Principal is responsible for the implementation of this Board’s policies and procedures regarding confidentiality, including informing all personnel in this District who collect, maintain, use, or otherwise have access to student records of this Board’s policies and procedures on confidentiality.

The District's Records Custodian (DRC) shall prepare an annual notice to parents/eligible students that informs them of their rights to:

inspect and review the student's education records;
request an amendment to the records if the parent or eligible student believes the information to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;
limit the disclosure of personally identifiable information defined as directory data within Policy 8330 - Student Records or to such other disclosures not required by law;
request a hearing if the Board refuses to amend records believed by the parent or eligible student to be misleading or inaccurate and to file a complaint with the United States Department of Education if the parent/eligible student is dissatisfied with the results of the hearing;
obtain a copy of the Board’s policy on student records.

The notice may be in the form of a section of the local newspaper, District's newsletter, and/or the student handbooks.

Ongoing Maintenance of Records

Public Listing of Authorized Employees
1. Each Principal shall maintain a current listing of those employees and other persons, approved by the DRC, authorized to access personally identifiable information housed at the location specified.
2. Each Principal shall post and maintain the listing for public inspection at their respective school.
Types and Location of Records
1. The DRC shall prepare a listing of the types and locations of records collected, maintained, or used by the District, and the name of the Principal at each location.
  
  The list shall be provided to parents/eligible students upon request.
2. Education records shall be stored in secured facilities and/or equipment, and shall be available only to those specified in policy or these guidelines. Reasonable and appropriate methods (including but not limited to physical and/or technological access controls) shall be utilized to control access to student records and to make certain that school officials obtain access to only those education records in which they have a legitimate educational interest. Each Principal is directed to utilize reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom the District discloses personally identifiable information from education records.
Consent to Disclose Information
1. Whenever there is a request for a copy of information from a student's record (subject to the exceptions cited in #2 below), the Principal shall obtain written and dated consent, prior to the disclosure of records, from parents/eligible students, which includes:
  1. the records that may be disclosed;
  2. the purpose for which the disclosure may be made;
  3. the party or class of parties to whom the disclosure may be made;
  4. whether or not the parents/eligible students wish to have a copy of the records disclosed and/or, if the student is not an eligible student, whether the Board should provide that student with a copy of the disclosed record.

An adult student's parents are entitled to access the adult student's records, provided the adult student is considered a dependent under Section 152 of the Internal Revenue Code and provided that the adult student has not stated in writing on file with the District that the student's parents are not allowed access to any records containing personally identifiable information.

Prior consent will not be needed if:
1. the disclosure is to school officials, including teachers, who have a legitimate educational interest (as defined by Board policy) in the information;
  
  In order for a contractor, consultant, volunteer or other party to whom the Board has outsourced institutional services or functions to be considered a school official, the outside party must:
  1. perform an institutional service or function for which the Board would otherwise use employees;
  2. be under the direct control of the Board with respect to the use and maintenance of education records; and
  3. be subject to applicable provisions governing the use and re-disclosure of personally identifiable information from education records;
2. the disclosure is to another school, School District, or postsecondary institution, as stated in Board policy;
3. the disclosure is, subject to the conditions set forth in applicable Federal and/or State statutes and/or regulations, to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the United States Secretary of Education, or State and local educational authorities;
4. the disclosure is in connection with a student's application for or receipt of financial aid; (See section below entitled: 'Disclosure for Student Financial Aid');
5. the disclosure is 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;
  
  Disclosures pursuant to this paragraph are limited to circumstances when the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information; the information is destroyed when no longer needed for the purposes for which the study was conducted; and the Board enters into a written agreement with the organization that contains all the content required by applicable Federal regulations.
  
  This written agreement will include: 1) specification of the purpose, scope, duration of the study, and the information to be disclosed; 2) a statement requiring the organization to use the personally identifiable information only to meet the purpose of the study; 3) a statement requiring the organization to prohibit personal identification of parents and students by anyone other than a representative of the organization with legitimate interests; and 4) a requirement that the organization destroy all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed.
6. the disclosure is to authorized representatives of the Comptroller General, the Attorney General, the Secretary of Education, or State and local authorities, and is made for the purpose of conducting an audit or evaluation of a Federal or State-supported education program, or to enforce or comply with Federal requirements relating to those programs;
  
  A written agreement between the parties is also required under this exception. Mandatory elements of this written agreement include: 1) designation of the receiving entity as an authorized representative; 2) specification of the information to be disclosed; 3) specification that the purpose of the disclosure is to carry out an audit or evaluation of a government-supported educational program or to enforce or comply with the program's legal requirements; 4) a summary of the activity that includes a description of methodology and an explanation of why personally identifiable information is necessary to accomplish the activity; 5) a statement requiring the organization to destroy all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed; and 6) a statement of policies and procedures that will protect personally identifiable information from further disclosure or unauthorized use.
  
  Pursuant to the audit exception, the District will use 'reasonable methods' to verify that the authorized representative complies with FERPA regulations. Specifically, the District will verify, to the greatest extent practicable, that the personally identifiable information is used only for the audit, evaluation or enforcement of a government-supported educational program. The District will also ascertain the legitimacy of the audit or evaluation and will only disclose the specific records that the authorized representative needs. Further, the District will require the authorized representative to use the records only for the specified purpose and not to disclose the information any further, such as for another audit or evaluation. Finally, the District will verify that the information is destroyed when no longer needed for the audit, evaluation or compliance activity.
7. the disclosure is to accrediting organizations to carry out their accrediting functions;
8. the disclosure is to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986;
9. the disclosure is to comply with a judicial order or lawfully issued subpoena as provided for in Policy 8325 - Receipt of Legal Documents by District Employees, to comply with Wisconsin disclosure requirements;
10. the disclosure is in connection with an emergency; (See section below entitled: "Emergency Release");
11. the disclosure is information the Board has designated as "directory data";
12. the disclosure is to the parent of a student who is not an eligible student, or to the student;
13. 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, and the information was provided to the Board pursuant to that law and its implementing regulations;
14. the disclosure concerns the juvenile justice system and its ability to serve, prior to adjudication, the student whose records are released, providing the officials to whom the records are released certify, in writing, to the District that the information will not be released to a third party, except as provided by State law, without the prior written consent of the parents;
15. the disclosure is to an agency caseworker or another representative of a State or local child welfare agency, or tribal organization as defined in Federal law, who has the right to access a student’s case plan as determined by the agency or organization, when such agency or organization is legally responsible for the care and protection of the student provided the education records and personally identifiable information will not be unlawfully released to third parties;
  
  The agency or organization may release the education records and personally identifiable information to an individual or entity engaged in addressing the student’s education needs and authorized by the agency or organization to receive such disclosure and such disclosure is consistent with state or tribal laws applicable to protecting the confidentiality of a student’s education records.
16. the disclosure is authorized by other sections of the Family Education Rights and Privacy Act (FERPA).
De-identified Records and Information – The District may release education records without prior consent if all personally identifiable information has been removed provided the administration (i.e., the DRC and Principal) have made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information.
No person shall release to a parent of a student who is not the custodial parent or any other person any information about the school to which the student has transferred or that would enable the parent who is not the custodial parent to locate the student if the school to which the student has transferred informs this District that the student is under the care of a shelter for victims of domestic violence.

Parents: Disclosure, Inspection, Review of Records

The Principal shall permit parents/eligible students, upon request, to retrieve information from and to inspect and review, records that are maintained by the District that relate to the student's education. The following conditions shall apply:

At times, agencies or individuals outside the District provide the District with information necessary and relevant to the student's education. Psychological or medical information should be provided to a parent in the presence of an appropriately licensed professional who can properly explain the information. Such information may be provided to the District only with the written consent of the parent. Upon parental request, the Board will notify the parent with the date and source of any record generated outside the District so that parents may access these records through the originator.
If any education record includes information on more than one (1) student, the parents/eligible student shall have the right to review and inspect only the part of the record that relates to the student or to be informed of that specific information.
The request for access to records must be honored within a reasonable period, but in no case later than forty-five (45) calendar days from receipt of the request. Requests to inspect and review education records that are collected, maintained or used by the District with respect to students with disabilities must be honored without unnecessary delay, and before any meeting regarding an individualized educational program (IEP), hearing relating to the identification, evaluation, or placement of the student, or resolution session, and in no case more than forty-five (45) calendar days after the request was made.
The parents/eligible students have a right to have their representative inspect and review the records upon submission of a signed and dated written consent that:
1. specifies the records that may be disclosed;
2. states the purpose of the disclosure;
3. identifies the party or class of parties to whom the disclosure may be made.
The Board shall presume that either parent has the authority to disclose, inspect, and review the student's records unless a court order indicates otherwise or unless otherwise prohibited by law.
If the parents/eligible students request an opportunity to inspect and review records, a written request is necessary.
The parents/eligible students are to complete the Board’s Request for Information form prior to receiving copies of any record.
The Principal shall arrange a mutually agreeable time for the review with the parents/eligible students.
Subject to the limitations within the law, policy, and/or guidelines, the Principal shall provide parents/eligible students with copies of any information in the student's education records and shall respond to reasonable requests for explanation and interpretation of the records. Copies of the records shall be provided for the current cost of duplication unless that fee effectively prevents the parents/eligible students from exercising the right to inspect and review the records.
If the parents/eligible students request disclosure of specific information by telephone, the Principal shall not disclose the requested information.
The District shall not destroy any education record if there is an outstanding request to inspect and review the record.
Parents/Eligible students who have provided the District with signed security and release documents may access the confidential attendance and academic record information about their student through the Internet. Neither the District nor its employees will be held responsible for any privacy violation by the parent/eligible student or any unauthorized party.

Confidentiality

Access to Student Progress and Behavior Records - All student progress and behavioral records maintained by the School District shall be confidential with access limited to the conditions below:
1. Upon request, an eligible student or the parent of a minor student shall be shown and provided with a copy of the student's progress records.
2. Upon request, an eligible student or the parent of a minor student shall be shown the student's behavioral records in the presence of a person qualified to explain and interpret the records.
3. The judge of any court of Wisconsin or of the United States shall, upon request, be provided with a copy of all progress records of a student who is the subject of any proceeding in such court. The District shall make a reasonable effort to notify the parent or eligible student of the order in advance of compliance therewith, except as otherwise provided by law.
4. Student records shall be made available to school officials who have been determined by the Board to have legitimate educational interests, including safety interests, in such records. A "School Official" is a person employed by the District who is required by the Department of Public Instruction (DPI) to hold a license; a person who is employed by or working on behalf of the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and police-school liaison personnel); a person serving on the Board; a person or company with whom the District has contracted to perform a specific task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee such as a disciplinary or grievance committee, or assisting another school official in performing the official's tasks. A school official has a "legitimate educational interest" if the official needs to review a student record in order to fulfill the official's professional or District responsibility.
  1. If law enforcement officers’ record information obtained by the District relates to a District student, the information shall be disclosed only to those employees who are required by the DPI to hold a license and to other school officials who have been determined by the Board to have a legitimate educational interest, including safety interest, in the information. It shall also be disclosed to those District employees who have been designated by the Board to receive that information for the purpose of providing treatment programs for District students. The information may not be used as the sole basis for suspending or expelling a student from school, or as the sole basis for taking any other disciplinary action against a student, including action under the District's athletic code.
  2. Court order records obtained by the District must be disclosed to District employees who work directly with the juvenile named in the records or who have been determined by the Board to have legitimate educational interests, including safety interests, in the information. An employee cannot further disclose the information, and the information cannot be used as the sole basis for suspending or expelling a student from school.
5. Upon the written permission of an eligible student or parent of a minor student, the school shall make available to the person named in the permission form, the student's progress records or such portion of the student's behavioral records as determined by the person authorizing the release. Law enforcement records may not be made available under this exception unless specifically identified by the eligible student or by the parent of a minor student in the written permission form.
6. Student records shall be provided to a court in response to a subpoena by parties to an action for in-camera inspection, to be used only for purposes of impeachment of any witness who has testified in the action and only after the moving party has made a showing to the court that the records are likely to yield such information that could not be otherwise obtained. The court may turn the records or parts thereof over to parties in the action or their attorneys if the court determines that the records or parts thereof are relevant and material to a witness's credibility or competency. The District shall make a reasonable effort to notify the parents/guardians or eligible student of the subpoena in advance of disclosure except as otherwise provided by law.
7. Information required by law may be provided to the DPI or any public officer. Upon request, the Board shall provide the DPI with any student record information that relates to an audit or evaluation of a Federal or State-supported program or that is required to determine compliance with State law provisions.
8. Notwithstanding their confidential status, student records may be used in suspension and expulsion proceedings and by the Individualized Education Program (IEP) Team in accordance with State and Federal law.
9. The district board of the technical college in which the school is located, the Department of Health Services, the Department of Workforce Development, or a county department verifying eligibility for public assistance shall, upon request, be provided with the names of students who have withdrawn from the school prior to graduation.
10. Information from a student's immunization record shall be made available to State and local health officials to carry out immunization requirements.
11. Personally identifiable information from the student records of an eligible student may be disclosed to the parent of the eligible student without the written consent of the eligible student if the eligible student is a dependent of their parent for tax purposes (under the Federal Internal Revenue Code, 26 U.S.C. 152). This may be done unless the eligible student has informed the school, in writing, that the information may not be disclosed.
  Personally identifiable information includes a biometric record, which means a 'record of one or more measurable behavioral or biological characteristics' that can be used to identify a student. (e.g., fingerprints, retinal scans, voiceprints, DNA sequence, and handwriting).
12. A student's records shall be disclosed in compliance with a court order under Wisconsin's delinquency statutes after a reasonable effort has been made to notify the student's parent.
13. The District shall provide to the court, in response to a court order, the names of all persons known by the District to be dropouts and who reside within the county in which the circuit court or the municipal court is located.
14. Annually, on or before August 15th, the District shall report to the appropriate community services boards established under 51.42 and 51.437, Wis. Stats., the names of students who reside in the District, who are sixteen (16) years of age or older, who are not expected to be enrolled in an educational program two (2) years from the date of the report and who may require services under 51.42 or 51.437, Wis. Stats. (community mental health, development disabilities, alcoholism, and drug abuse).
15. If school attendance is a condition of a student's dispositional order under 48.355(2)(b)7 or 938.358(2), Wis. Stats., the Board shall notify the county department that is responsible for supervising the student within five (5) days after any violation of the condition by the student.
16. A law enforcement agency shall be provided a copy of a student's attendance record if the law enforcement agency certifies in writing that the student is under investigation for truancy or for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the student's attendance record information except as permitted by law. When a student's attendance record is disclosed to a law enforcement agency for purposes of truancy, the student's parent shall be notified of that disclosure as soon as practicable after the disclosure.
17. A fire investigator shall be provided with a copy of a student's attendance record if the fire investigator certifies in writing that the student is under investigation for arson, that the attendance record is necessary for the investigation and that the records will be used and further disclosed only for the purpose of pursuing the investigation.
18. The District shall provide student disciplinary records necessary for purposes of student enrollment in another public or private school district in this State or any other as permitted by law. These records may include:
  1. a copy of any expulsion findings and orders or records of any pending disciplinary proceedings involving the students;
  2. a written explanation of the reasons for the expulsion or pending disciplinary proceedings;
  3. the length of the term of the expulsion or the possible outcomes of the pending disciplinary proceedings.
19. The District may disclose student records to appropriate parties, e.g. law enforcement officials, or health care workers, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
20. The District may disclose personally identifiable information from an education record to appropriate parties, including parents of eligible students, in connection with an emergency if necessary to protect the health or safety of the student or other individuals. If the District determines there is an articulable and significant threat, it may disclose the information to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
21. On request, a school board may disclose student records that are pertinent to addressing a student's educational needs to a caseworker or other representative of the Department of Children and Families, a county department under 46.215, 46.22, or 46.23, Wis. Stats., or a tribal organization, as defined in 25 U.S.C. 450b (L), that is legally responsible for the care and protection of the student, if the caseworker or other representative is authorized by that department, county department, or tribal organization to access the student's case plan.
22. The disclosure is to authorized representatives of the Comptroller General, the Attorney General, the Secretary of Education, or State and local authorities, and is made for the purpose of conducting an audit or evaluation of a Federal or State-supported education program, or to enforce or comply with Federal requirements relating to those programs. A written agreement between the parties is also required under this exception. Mandatory elements of this written agreement include: 1) designation of the receiving entity as an authorized representative; 2) specification of the information to be disclosed; 3) specification that the purpose of the disclosure is to carry out an audit or evaluation of a government-supported educational program or to enforce or comply with the program's legal requirements; 4) a summary of the activity that includes a description of methodology and an explanation of why personally identifiable information is necessary to accomplish the activity; 5) a statement requiring the organization to destroy all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed; and 6) a statement of policies and procedures that will protect personally identifiable information from further disclosure or unauthorized use.
Access to Directory Data - Except as otherwise provided below, directory data may be disclosed to any person after the school has: 1) notified the parent, legal guardian or guardian ad litem of the categories of information which it has designated as directory data with respect to each student; 2) informed such persons that they have fourteen (14) days to inform the school that all or any part of the directory data may not be released without their prior consent; and 3) has allowed fourteen (14) days for the parents, legal guardian, or guardian ad litem of any student to inform the school, in writing, that all or any part of the directory data may not be released. At the end of this fourteen (14) day period, each student's records will be appropriately marked by the records' custodian(s) to indicate directory data items, if any, the District must receive parental permission to release. This designation will remain in effect until it is modified by the written direction of the student's parent, guardian, or guardian ad litem.
1. If the District has followed the notification procedure above, and the parent, legal guardian, or guardian ad litem does not object to the directory data being released, the Board Clerk (or designee) may conduct a balancing test to weigh the public interest in disclosure versus the public interest in non-disclosure.
2. If the District has followed the notification procedure outlined above, and the parent, legal guardian, or guardian ad litem does not object to the directory data being released, the Board Clerk (or designee) shall, upon request, provide the name and address of each student expected to graduate from high school in the current school year to the technical college board.
3. If the District has followed the notification procedure outlined above, and the parent, legal guardian, or guardian ad litem does not object to the directory data being released, the Board Clerk (or designee) shall, upon request, provide any representative of any law enforcement agency, city attorney, district attorney, or cooperation counsel, county department under 46.215 or 46.22 or 46.23, Wis. Stats., a court of record or municipal court with such directory data relating to any such student enrolled in the School District for the purpose of enforcing that student's school attendance, to respond to a health or safety emergency, or to aid in the investigation of alleged criminal or delinquent activity by a student enrolled in the District.
4. The Board Clerk (or designee) shall, upon request, provide any military recruiter or institution of higher education with the name, address, District-assigned e-mail address (if available), and telephone number of the student. (Only secondary schools are required to provide this information to military recruiters or institutions of higher education.) Secondary school student or parent of the student may request in writing that the student's name, address, District assigned e-mail address (if available), and telephone listing not be released without prior consent of the parent(s)/eligible student.
Access to Student Patient Records - All student patient records shall remain confidential. They may be released only to persons specifically designated by State or Federal law or to other persons with the informed consent of the patient or person authorized by the patient. Student patient records maintained by the District may only be released without informed consent to a District employee or agent if any of the following apply:
1. The employee or agent has responsibility for the preparation or storage of patient health records.
2. Access to patient health records is necessary to comply with a requirement in Federal or State law.

Any record that concerns the results of a test for the presence of HIV or antibody to HIV (the virus which causes acquired immunodeficiency syndrome--AIDS) shall be confidential and may be disclosed only with the informed writtenconsent of the test subject.

Disclosure of Educational Records to a Third Party - The District will inform, in writing, any third party to whom personally identifiable information is released that, except as otherwise permitted by State or Federal law, the party is not allowed to disclose the information to others without the written consent of the student's parents or the student, provided the student is an adult.
Disclosure of Library Records to Parents

See Policy 2522 - Library Media Centers.
Interagency Agreement to Disclose Student Records

Before releasing records to any of the following agencies, for the purpose of providing services to a student prior to adjudication, the District must enter into a memorandum of understanding with the following: law enforcement agency, city attorney, corporation counsel, intake worker, court of record, municipal court, private school, another school board, tribal school, Department of Corrections, Department of Children and Families, District attorney, or a licensed child welfare agency.

Pursuant to 118.125, Wis. Stats., the District may enter into an interagency agreement(s) with the entities listed below to disclose student records before adjudication for the purpose of providing services to the student. Each of the entities would be required to certify in writing that the records will not be disclosed to any other person, except as permitted by law:
1. law enforcement agency;
2. District attorney;
3. city attorney;
4. corporation counsel;
5. agency, as defined in 938.78(1) (i.e., the Department of Corrections, a licensed child welfare agency, or a county department under 46.215, 46.22, or 46.23, Wis. Stats;
6. intake worker;
7. court of record;
8. municipal court;
9. private schools;
10. other school board;
11. a tribal organization under 25 U.S.C. 450b(L).

Maintenance of Records

Except as otherwise specifically provided, all student records will be kept in one (1) file in the school building in which the student is enrolled. This file will be kept in a locked file or drawer under the control of the building principal. Law enforcement and student patient records shall be maintained separately from a student's other records.
Copies of records of any student referred for a suspected disability will be maintained in the Pupil Service Office in addition to the school file. Copies of all student physical health records also will be maintained at the Pupil Services Office.
Requests for access to, or copies of, student records will be referred to the building principal for action. Student records shall be released only to the extent authorized by law.
A record of each request for access to and each disclosure of personally identifiable information from a student's school records shall be maintained with such student's records, except when the request is from, or the disclosure is to, the following person/party:
1. the parent or eligible student;
2. a school official;
3. a party with written consent from the parent or eligible student;
4. a party seeking directory data;
5. a party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information in response to the subpoena not be disclosed.
Records of students who cease to be enrolled shall be maintained as follows:
1. All behavioral records will be destroyed one (1) year after the date the student graduated from or last attended the school unless the student, or the student's parent if the student is a minor, gives permission that the records be maintained for a longer period of time. Where such written permission is received, behavioral records will be destroyed after the time specified in the permission form or at the discretion of the District when they are of no further obvious use.
2. Progress records will be kept five (5) years after the date the student graduated from or last attended the school, except a record of grades and attendance is to be kept permanently.
3. Records of psychological testing or special education evaluations, including all individual reports, will be maintained for one (1) year after a student transfers out of the District. Upon written permission of an eligible student or the parent or legal guardian of a minor student, such records will be maintained for up to five (5) years.

Amendment of Records

A parent or an eligible student who believes that the school records collected, maintained, or used are inaccurate, misleading, or otherwise in violation of the privacy rights of the student may request the District to amend the records. The District will decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
If the District decides to refuse to amend the information in accordance with the request, it will inform the parent or eligible student of the refusal and advise them of the right to a hearing before the Board. On request, the District shall provide an opportunity for a hearing to challenge information in school records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student.
If, as a result of the hearing, the District decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall amend the information accordingly, and so inform the parent/guardian or eligible student in writing.
If, as a result of the hearing, the District decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place in the records it maintains on the student, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the District.

The District shall require that any explanation placed in the records of a student be maintained by the District as part of the records as long as the record or contested portion is maintained by the District. If the records of the student, or the contested portion, are disclosed by the District to any party, the explanation shall also be disclosed to that party.

Procedure for Hearing to Amend Record

The District shall provide parents/eligible students with the opportunity to amend records when they believe that any of the information regarding their student is inaccurate, misleading, or violates the student's privacy.

Upon receipt of a written request to amend records, the building principal shall ascertain the specific information that is requested to be amended and the reason for the change.
The building principal shall decide whether or not to amend the record.
If the building principal decides not to amend, the parents/eligible students shall be so informed of the decision as well as of their rights to a hearing.
If the parents/eligible students request a Records Hearing, the District Administrator shall:
1. select the Records Hearing Officer (RHO) (who may be an official of the District who does not have a direct interest in the outcome of the hearing);
2. direct the person selected as the RHO to arrange a hearing with the parents/eligible students within ten (10) business days from the date of the hearing request or at a mutually agreed time and place.

The RHO shall inform the parents/eligible students that they shall be afforded a full and fair opportunity to present evidence relevant to the issues and may be assisted or represented by individuals of their choice, including an attorney, at their own expense.

The RHO is responsible for maintaining the student’s record during the appeal process so that no information is lost or destroyed during the appeal process.

The RHO shall conduct the hearing by:
1. introducing the participants;
2. reviewing the agenda for the hearing;
3. identifying the records in question;
4. reviewing the items for which amendment is being requested;
5. allowing the parents/eligible students and/or their representative to present evidence related to the issues;
6. allowing the Board’s representative to present evidence related to the issues;
7. recording the evidence presented by both parties;
8. allowing each party a reasonable period of time to question the evidence of the other party;
9. adjourning the hearing.
No later than ten (10) business days from the conclusion of the records hearing, the RHO shall summarize and send a copy of the findings to the District Administrator.
The District Administrator, within ten (10) business days after receiving the findings of the RHO, shall make a decision, based solely upon the evidence presented at the hearing, and send to the parents/eligible students:
1. a letter stating the decision and the justification for the decision;
2. a copy of the RHO Report;
3. copies of the amended records, if any;
4. a notification of the right to place a statement in the record commenting on the contested information or stating why the parents/eligible students disagree with the decision.
If the Board and parents/eligible students agree to the necessary amendments, the Principal shall make necessary changes in the student record and send the parents/eligible students written confirmation that the changes have been made.
If as a result of the hearing, the Board decides not to amend the record, the parents/eligible students have the right to place a statement in the record commenting on the contested information in the records and/or stating they disagree with the decision of the RHO. Such a statement shall be maintained with the contested part of the records as long as the records exist and shall be disclosed as part of any record disclosure.

Emergency Release

The Principal may release any personally identifiable information (without parent's/eligible student's consent) to appropriate parties, including parents of eligible students, in connection with a health/safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

Upon receipt of a request for emergency information, the Principal shall consider the totality of the circumstances pertaining to a threat to the health or safety of others. If the Principal determines that an articulable and significant threat exists, the Principal may release information from education records to any necessary individuals. If the Principal or another school official releases personally identifiable information pursuant to this Section, the Principal must record in the student's education records the basis for the decision that a health or safety emergency existed.

Transfer of Records

All student records relating to a specific student shall be transferred to another school or school district no later than the next work day upon receipt of written notice from:

an eligible student, or the parent/guardian of a minor student, that the student intends to enroll in the other school or School District;
the other school or School District in which the student has enrolled;
a court, in the event that a student has been placed in a juvenile correctional facility or a secured child-caring institution.

'School' or 'School District' in this section includes any secured correctional facility, secured group home, adult correctional institution, mental health institution, or center for the developmentally disabled that provides an educational program for its residents instead of, or in addition to, that which is provided by public and private schools.

Transfer of student records, including disciplinary records regarding suspensions and expulsions, shall not be withheld from the school for a student's failure to pay any fees, fines, or charges imposed by this District.

Disclosure For Student Financial Aid

The Principal may release, without parents' consent, student information regarding financial aid for which a student has applied or which a student has received, provided that personally identifiable information from the education records of the student may be used only to:

determine the eligibility of the student for financial aid;
determine the amount of financial aid;
determine the conditions which will be imposed regarding the financial aid;
enforce the terms or conditions of the financial aid.

Disclosure For Purposes of Marketing Or Selling Information

The Board shall not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to other for that purpose). For purposes of this section, 'personal information' means individually identifiable information including: (1) a student or parent’s first and last name; (2) a home or other physical address (including street name and the name of the city or town); (3) a telephone number; or (4) a Social Security identification number.

The parent of a student has the right to inspect upon request any instrument used in the collection of personal information before the instrument is administered or distributed to a student. The parent must submit a written request to the building principal at least fifteen days before the scheduled date of the activity. The instrument will be provided within ten (10) business days of the principal receiving the request. Parents will be notified at least annually at the beginning of the school year of the specific or approximate date(s) during the school year when such activities are scheduled or expected to be scheduled.

This section does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:

college or other postsecondary education recruitment, or military recruitment;
book clubs, magazines, and programs providing access to low-cost literary products;
curriculum and instructional materials used by elementary and secondary schools;
tests and assessments used by elementary and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
the sale by students of products or services to raise funds for school-related or education-related activities; or
student recognition programs.

Safeguarding Education Records and Responding to Data Incidents

Significant challenges exist with respect to the safeguarding of education records from unauthorized access and disclosure. These challenges include inadvertent posting of students' grades or financial information on publicly available web servers; theft or loss of laptops and other portable devices that contain education records; computer hacking; and failure to retrieve education records at the termination of employment or service as a contractor, consultant or volunteer. In light of these challenges, the DRC and Principal are directed to work with the District's IT Department/Staff to identify, implement and administer appropriate methods and security controls to protect education records, especially those in electronic information/data systems.

The District's IT Department/Staff is encouraged to review the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-100, 'Information Security Handbook: A Guide for Managers,' and NIST SP 800-53, 'Recommended Security Controls for Federal Information Systems' for guidance and to use any methods or technologies they determine are reasonable to mitigate the risk of unauthorized access and disclosure taking into account the likely harm that would result. The IT Department/Staff is charged with the development of appropriate responses to data breaches and other unauthorized disclosures, and said steps should include at a minimum the following:

reporting the incident to law enforcement authorities;
determining exactly what information was compromised (e.g. names, addresses, SSNs, ID numbers, grades, etc.);
taking steps to immediately retrieve data and prevent further disclosures;
identifying all affected records and students;
determining how the incident occurred, including which school officials had control of and responsibility for the information that was compromised;
determining whether the incident occurred because of a lack of monitoring or oversight;
determining whether any Board policies and/or District procedures were violated;
conducting a risk assessment and identifying appropriate physical, technological and administrative measures to prevent similar incidents in the future; and
notify students and parents that the United States Department of Education's Office of Inspector General maintains a Website describing steps students may take if they suspect they are a victim of identity theft.

While notification of students is not required in all circumstances, it shall be the DRC's responsibility to determine, in conjunction with the District Administrator, whether students and/or parents will be notified of any breaches. If the decision is made not to issue a direct notice to a parent or student upon an unauthorized disclosure of education records, the DRC or Principal shall nevertheless record the disclosure so the parent or student will become aware of it during an inspection of the student's education record.

Alleged Noncompliance with Federal Requirements

Eligible students or parents of minor students may file a complaint for alleged District noncompliance with requirements of the Federal Family Educational Rights and Privacy Act (FERPA) with: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605 and the Protection of Pupil Rights Amendment (PPRA).

Annual Public Notice

Parents and student shall be notified annually of the following: 1) their rights to inspect, review and obtain copies of student records; 2) their rights to request the amendment of the student's school records if they believe the records are inaccurate or misleading; 3) their rights to consent to the disclosure of the student's school records, except to the extent State and Federal law authorizes disclosure without consent; 4) the categories of student record information which have been designated as directory data and their right to deny the release of such information; and 5) their right to file a complaint with the Family Policy Compliance Office of the U.S. Department of Education. This notice shall be published in the District's official newspaper within three (3) weeks of the start of the school year. It shall also be published annually in District student-parent handbooks.

For students enrolling in the District after the above notice has been given, the notice will be given to the eligible student and the student's parent at the time and place of enrollment.

Revised 5/20/24

Revised 1/27/25