3600 - Student Records

The district will maintain student records necessary for the educational guidance and/or welfare of students, for orderly and efficient operation of schools, and as required by law. All such information related to individual students will be treated in a confidential and professional manner. The district will use reasonable methods to ensure that teachers and other school officials obtain access to only those education records for which they have legitimate educational interests. When information is released in compliance with state or federal law the district and district employees are immune from civil liability unless they act with gross negligence or in bad faith. 

The district will retain records in compliance with the current, approved versions of the Local Government General Records Retention Schedule (CORE) and the School Districts and Educational Service Districts Records Retention Schedule, both of which are published on the Secretary of State's website at: www.sos.wa.gov/archives/recordsretentionschedules.aspx. 

Student records are the property of the district but will be available in an orderly and timely manner to students and parents/guardians. “Parent” includes the state Department of Social and Health Servies when a minor student has been found dependent and placed in a state custody. A parent/guardian or adult student may challenge any information in a student record believed inaccurate, misleading, or in violation of the privacy or other rights of the student. 

Student records will be forwarded to other school agencies upon request. A high school student may grant authority to the district, permitting prospective employers to review the student’s transcript. Parent/ guardian or adult student consent will be required before the district may release student records other than to a school agency or organization, except as otherwise provided by law. 

The superintendent or designee will establish procedures governing the content, management, and control of student records. 

The district records custodian will manage student records in the following manner: 

Types of Records 

Student records are divided into two categories: the cumulative folder and supplementary records. 

1. Cumulative folder 

The cumulative folder may contain all information about a student that is collected and maintained on a routine basis, such as identifying information (name, birth date, sex, year in school, address, telephone number, parent’s name, ethnic classification, emergency information (including parent’s place of employment, family doctor, babysitter, siblings]); attendance records, including date of entry and withdrawal; grades and other progress reports; results of tests of school achievement; aptitude; interests; hearing and vision; health and immunization status reports; records of school accomplishments and participation in school activities; verified reports of misconduct, including record of disciplinary action taken; and such other information as will help staff to counsel with students and plan appropriate activities. Identifying information may be limited if the student is a participant in the state Address Confidentiality Program. 

2. Supplementary records 

Supplementary records about a student may be collected and maintained in connection with special school concerns about the student, such as confidential health information (including hearing, vision, health, and immunization status reports) or reports connected with assessment and placement of student who is formally identified as a “focus of concern”; reports from nonschool persons and organizations such as physicians, psychologists and clinics, except for general screening purposes; reports pertaining to specific problems associated with the student; and current reports of psychological tests and progress reports related to a student’s disabling condition. All such reports included in records shall be dated and signed. 

For the purpose of this procedure, working notes of staff are defined as those records about students which are maintained in the sole possession of the writer and are not accessible or revealed to any other person except a substitute for that staff member. Working notes are not considered student records within the preview of this procedure. 

Accessibility of Student Records 

Information contained in the cumulative folder and/or supplementary records will be provided to persons and agencies as follows: 

1. Parents 

Parents of dependent children have the right to inspect the cumulative folder and/or supplementary records of their children. 

a. Upon the request of a parent/guardian or staff member, a qualified staff member will provide the parent/guardian with analysis and interpretation of all information in the cumulative folder and supplementary records. The review will occur within five school business days after the district receives unless a written explanation for the failure to do so is supplied by the records custodian. In no case will the review occur later than 45 days after the parent/guardian makes the request. b. Inspection and review will take place during normal working hours unless other arrangements are mutually approved. Although records must remain within the district control, they may be copied or reproduced by or for the parent or eligible student at their own expense. 

2. Student 

Upon request of the student, a qualified staff member will interpret information from the cumulative folder to the student. The qualified staff member will interpret information contained in supplementary records to the student upon their request and with the consent of the parent/guardian. The adult student may inspect their cumulative folder and supplementary records. The right of access granted the parent/guardian or adult student includes the right to be provided a list of the types of student-related education records maintained by the school and the district. The parent/guardian and adult student will have the right to inspect or to be informed of the content of any record containing personally identifiable information regarding more than one student, provided that the right to access will apply only to that portion of the record or document which relates to the student. Upon graduation from high school, a student may request to receive a final transcript in addition to the diploma. 

Parents/guardians and adult students will be notified annually of their right to inspect and review the records of their children and their other rights under the Family Education Rights and Privacy Act (FERPA)Web site and the District School Calendar. 

FERPA affords parents/guardians and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are: 

1. The right to inspect and review the student’s education records within 45 days of the day the District receives a request for access. Parents/guardians or eligible students should submit to the district records custodian a written request that identifies the record(s) they wish to inspect. The records custodian will make arrangements for access and notify the parent/guardian or eligible student of the time and place where the records may be inspected. 
2. The right to request the amendment of the student’s education records that the parent/guardian or eligible student believes are inaccurate or misleading. Parents/guardians or eligible students may ask the district to amend a record that they believe is inaccurate or misleading. They should write to the school principal; clearly identify the part of the record they want changed and specify why it is inaccurate or misleading. If the district decides not to amend the record as requested by the parent/guardian or eligible student, the district will notify the parent/guardian or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing. 
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. Exceptions which permit disclosure without consent are: disclosure deemed by the district as necessary to protect the health or safety of the student or other individuals and disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, hearing officer, 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 his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the district discloses educational records without consent to officials of another school district in which a student seeks or intends to enroll.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
   Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue S.W. Washington, D.C. 20202

3. Staff

Staff or other school officials who have a legitimate, educational interest in a student will have access to the cumulative folder and any supplementary records.

4. Other Districts

Other districts will be provided with records upon official request from the district. At the time of transfer of the records, the parent/guardian or adult student may receive a copy of the records at their expense if requested and will have an opportunity to challenge the contents of the records. Parents/guardians will be advised through the annual Student Rights and Responsibilities Handbook that student records will be released to another school where the student has enrolled or intends to enroll.

5. Other Persons and Organizations

Prospective employers may request to review the transcript of a student. The district will advise each parent/guardian or adult student at least annually that such requests will be honored only upon a signed release of the parent/guardian or adult student. The district will release information contained in the student’s cumulative folder and supplementary records to persons and organizations other than the student, parent/guardian, staff and other districts only with the written release of the parent/guardian or adult student, with the following exceptions:

1. Directory information may be released publicly without consent upon the condition that the parent/guardian or adult student be notified annually of the school’s intention to release such information and be provided the opportunity to indicate that such information is not to be released without prior consent. Such information shall not be released for commercial reasons. Schools shall consider requests on a case-by-case basis. Directory information is defined as the student’s name, address, telephone number, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, diplomas and awards received, photographs or video of the student, and the most recent previous school attended. The actual residential address of participants in the state Address Confidentiality Program will not be available for release as directory information. Social Security numbers, student identification numbers (with authentication factors such as a secret password or personal identification number) or other personally identifiable information is not considered directory information.
2. Information may be released to authorized representatives of the comptroller general of the United States, the commissioner of education, and/or an administrative head of an education agency or state education authorities in connection with the audit and evaluation of federally supported education programs or in connection with the enforcement of the federal legal requirements for such programs. 
3. Information may be released to state and local officials to whom such information is specifically required to be reported or disclosed pursuant to Washington statute (examples: reporting child abuse or referrals to juvenile court for truancy). 
4. Information may be released to organizations conducting studies for educational agencies for the purposes of developing, validating or administering predictive test or improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than the representatives of such organizations and if such information shall be destroyed when no longer needed for the purpose for which it has been gathered. 
5. Information may be released in compliance with a judicial order or lawfully issued subpoena including ex parte court orders under the USA Patriot Act, upon condition that a reasonable effort was made to notify the parent/guardian or adult student be notified in advance of such compliance unless such notice is not allowed by the order or subpoena. In compliance with the federal Uninterrupted Scholar’s Act of 2013, when a parent is a party to a court proceeding involving child abuse or neglect (as defined in Section 3 of the Child Abuse and Prevention and Treatment Act (42 U.S.C. 5101) or dependency matters, and the order is issued in the context of that proceeding, the district is not required to provide additional notice (i.e., in addition to the court’s notice) to the parent prior to release of the information. 
6. Information may be released to appropriate persons and agencies in connection with an emergency to protect the health or safety of the student or other persons. The district will take into account the totality of the circumstance and determine if there is an articulable and significant threat to the health or safety of the student or other individuals. When information from a student’s record, other than directory information, is released to any person or organization other than staff, a record of such release will be maintained as part of the specific record involved. Telephone requests for information about students will not be honored unless the identity of the caller is known, and the caller is authorized to receive the information under provisions of these procedures. A record will be made of any such release of information and placed in the student’s cumulative folder. This record of access will include date of access, name of the party granted access, and the legitimate educational interest of the party granted access.
7. In compliance with the federal Uninterrupted Scholar’s Act of 2013, information regarding students in foster care may be released without prior written consent of the parent or eligible student to agency case workers or other representatives of state or local child welfare agencies or tribal organizations who are legally responsible for the care and protection of the student, for purposes related to the student’s case plan. 
8. A high school student may grant authority to the district which permits prospective employers to review the student’s transcripts. 

Confidential Health Records 

Confidential health records should be stored in a secure area accessible only to school health care providers, unless an appropriately executed release under Chapter 70.02 RCW has been obtained. Such records are also covered by the Family Educational Rights and Privacy Act, permitting parent access to review and otherwise exercise FERPA rights regarding the records. There is a higher standard of confidentiality and minor student’s right of privacy for records pertaining to HIV, sexually transmitted diseases, drug and alcohol treatment, mental health treatment, family planning or abortion. The releases for information regarding sexually transmitted diseases, HIV and drug and alcohol treatment are more restrictive than ordinary medical releases. 

Amendment of Records and Hearings 

At the time of inspection and review the parent/guardian or adult student granted access to records may request that information in the student’s records be amended. Custodians (teacher, counselor, nurse, and psychologist, etc.) may honor such demands by correcting or deleting records which are misleading, violative of privacy or inaccurate, provided that the senior custodian (principal or department head) concurs. 

If the demanded correction or deletion is denied by the senior custodian, the parent/guardian or adult student may request an informal hearing before the superintendent, which hearing will be held within 10 school days of the receipt of such request. During the hearing the superintendent or designee will review the facts as presented by the parent/guardian or adult student and the custodian and decide whether or not to order the demanded correction or deletion. The superintendent or designee will send their written decision to the parent/guardian or adult student within 10 school days of the hearing. 

Upon denial of correction or deletion by the superintendent or designee, the parent/guardian or adult student may request in writing a hearing before the board, which hearing will be conducted at its next regular meeting. During such hearing, which will be closed to the public, the board will review the facts as presented by the parent/guardian or adult student and senior custodian and decide whether or not to order the demanded correction or deletion. The board will send its written decision to the parent/guardian or adult student within 10 school days of the hearing. 

Parents/guardians or adult students challenging the appropriateness and accuracy of student records may insert a written explanation of their objections in such records. 

Maintenance of Student Records 

The student’s principal, counselor or teacher will be the custodian of the cumulative folder. The principal or the student’s counselor will be the custodian of the supplementary records. Duplicate copies of all guidance case study reports and reports from non-school agencies contained in a student’s supplementary record may be maintained in the district office under the supervision of the superintendent. 

Custodians will: 

1. Maintain only those records authorized by these procedures; 
2. Safeguard student records from unauthorized use and disposition; 
3. Maintain access records; 
4. Honor access requests for parent/guardian or adult student; 
5. Delete or correct records upon approval of the senior custodian or upon order of the Superintendent or designee or the board; and 
6. Follow the records review schedule and procedures established by the senior custodian. 

Senior custodians may assume the duties of custodians and will: 

1. Request student records from other schools; 
2. Maintain security of student records; 
3. Transfer, destroy and expunge records as permitted; 
4. Supervise activities of their custodians; 
5. Conduct informal hearings and grant or deny approval of corrections or deletions requested by parents or adult students; 
6. Establish records review schedules and procedures for their respective schools or departments in accordance with procedures governing records disposition. (Psychological test scores will be reviewed annually to determine their relevance to the continuing educational needs of the student.); 
7. Upon transfer of the student to the next level (elementary to middle school, middle school to high school) or upon graduation or transfer outside the district, remove for retention, preservation or destruction in accordance with applicable disposition procedures any records no longer pertinent to educational program placement; and 
8. Certify to the district records custodian by June 30 of each year the following:

The district records custodian will provide overall supervision of student records management and control and will enforce the student records policy and the administrative procedures. 

The district will use an array of methods to protect records, including passwords, physical controls (such as locked cabinets), technological controls (such as role-based access controls for electronic records) and administrative procedures. 

Disposition of Student Records 

The permanent student record will serve as the record of the student’s school history and academic achievement. Permanent records filed in the student’s cumulative folder are to be extracted and retained before disposition of the folder. 

Within ten days after receiving a request, the district will furnish a set of unofficial educational records to the parent/guardian of a student transferring out of state who meets the definition of a child of a military family in transition. When a student transfers to another school in the district, all records including the permanent student record will be transmitted to the other school. When a student transfers to a school outside of the district, the senior custodian will purge the cumulative folder of all nonofficial, extraneous information. A copy of all records will be sent to the requested school. The cumulative folder for an elementary or middle school student who leaves the district will be maintained for two years after discontinuing enrollment in the district. 

Cumulative folders and supplementary records of high school students will be retained according to the Washington State Records Retention Schedule. In all cases, the student’s permanent record card will be retained in perpetuity by the district. 

At the time a student graduates from school or ceases to need special educational services, the parent/guardian or adult student will be informed that personally identifiable information regarding the disabling condition is no longer needed for educational purposes AND that the special education records will be retained by the district for six (6) years before being destroyed pursuant to the School Districts and Educational Districts Records Retention Scheduled approved in accordance with RCW 40.14.070. 

When informing the parent/guardian or adult student about their rights regarding such records, the district will advise the parent/guardian or adult student that the information may be needed by the student or the parent/guardian to establish eligibility for certain adult benefits, e.g., social security AND that the parent/guardian/adult student should ensure that they possess the necessary documentation, or request copies of certain records from the district BEFORE the district records are destroyed in six (6) years. At the parent’s/guardians or adult student’s request, the record information relating to the disabling condition will be destroyed but ONLY after the records have met their six (6) year retention requirement pursuant to the School Districts and Educational Districts Records Retention Schedule. The district may, in its discretion, choose to retain these records for a longer period of time for business purposes. 

A parent/guardian or adult student, at their expense, may receive a copy of all records to be transmitted to another district. 

Large Scale Destruction of Student Records 

After exercising care in accordance with that contained in the previous section (Disposition of Student Records), the senior custodian will bundle all records and send them to the district office. Each bundle will be plainly marked: “Student Records--for Destruction,” dated and signed by the senior custodian. A summary sheet will be completed and retained in the office. The sheet will indicate: “As of this date, I have determined that the following records may be destroyed in accordance with district and state requirements and have submitted them for destruction.” The summary sheet will be dated and signed by the senior custodian. 

Electronic Records 

Electronic records (including e-mail and web content) created and received by the district in the transaction of public business are public records for the purposes of RCW 40.14 and will be managed consistent with all of the laws and regulations governing the retention disclosure, destruction and archiving of public records. The district will manage electronic records according to the same provisions as paper documents as set forth in the records retention schedules. Electronic records will be retained in electronic format and remain usable, searchable, retrievable, and authentic for the length of the designated retention period. The district will retain electronic records designated as archival in the original format along with the hardware and software required to read the data, unless the data has been successfully migrated to a new system. (The district will retain records in compliance with the General Records Retention Schedule for School Districts and Educational Service Districts in Washington State found at: https://www.sos.wa.gov/archives/help-government-agencies/state-government-records-retention-schedules) 

Cut-Off 

Whenever applicable, the retention period starts with the “cut-off.” “Cut-off” is a term used to indicate when files or records may be terminated on a predetermined date. “Cut-off” prevents current records from attaining unmanageable size and facilitates the filing of new records. Calendar year records may be “cut-off” on December 31, and a new file established on January 1; all fiscal year records can be “cut-off” only upon the completion of an action or event, such as termination of contract, final payment of a contract, termination of employment, etc. Regardless of the duration of the retention period, records series should be kept in the office files after “cut-off” only as long as is necessary to satisfy: (1) active reference; (2) audit, when required; and (3) other operational requirements. Once these three factors have been satisfied, the records should be transferred to a records center or to an appropriate alternative format, including electronically for the remainder of the retention period.