The educational interests of the student require the collection, retention, and use of information about individual students and groups of students. At the same time, the students’ right of privacy mandates careful custodianship and limitations on access to student records.
The Board is responsible for maintaining records of all students attending school in this Corporation. In addition to records mandated by the Federal Government, the State of Indiana requires that the Corporation record include in each student’s official high school transcript the following information:
A. Attendance Records;
B. Academic Records including criterion, norm and standardized test results;
C. Any secondary level and postsecondary level certificates of achievement earned by the student;
D. Health records, including immunization information.
Individual student records shall be available only to said students and their parents, said adult students, and designated school officials and personnel, who have a legitimate educational interest (“Legitimate educational interest” shall be defined as a “direct or delegated responsibility for helping the student achieve one (1) or more of the educational goals of the Corporation) in the information. In situations in which a student has both a custodial parent and non-custodial parent, both shall have access to the student’s educational records unless stated otherwise by court order. In the case of adult students eighteen (18) and older, parents will be allowed access to the records without the student’s consent, provided the student is considered a dependent under section 152 of the Internal Revenue Code and has not graduated from the Corporation.
The Board authorizes the administration to disclose student records, without consent, to the following parties:
A. School officials with a legitimate educational interest;
B. Other schools to which a student is transferring;
C. Appropriate officials in connection with an emergency if such knowledge is necessary to protect the health and safety of the student or other individuals;
D. State or local juvenile agency when the disclosure or reporting relates to the ability of the juvenile justice system to serve, before adjudication, the student whose records are being released; and, the juvenile justice agency receiving the information certifies in writing, that the agency or individual receiving the information has agreed not to disclose it to a third party, other than another juvenile justice agency, without the consent of the child’s parent, guardian, or custodian.
A disclosure or reporting of educational records concerning a child who has been adjudicated as a delinquent child shall be treated as related to the ability of the juvenile justice system to serve the child before adjudication. The agency may not obtain information solely related to the supervision of an adjudicated delinquent child. The agency must provide documentation to the Corporation that it is seeking the information in order to identify and intervene with the juvenile at risk of delinquency.
The Corporation shall require that schools maintain a record of those persons to whom information about a student has been disclosed. Such disclosure records will indicate the student, person viewing the record, information disclosed, and the date of disclosure. (See form 8330F)
Whenever possible, parental consent is required for the inspection and/or release of a student’s health or educational records or for the release of directory information. Either parent may provide such consent unless specifically stated by court order.
The Superintendent shall ensure that students and parents are adequately informed each year regarding their rights to:
A. Inspect and review the student’s educational records;
B. Request amendments if the record is inaccurate, misleading, or otherwise in violation of the student’s rights;
C. Consent for disclosure of personally-identifiable information contained in the student’s educational records, except to unauthorized disclosures allowed without a parent’s consent;
D. File a complaint of Corporation noncompliance with the Department of Education;
E. Obtain a copy of the Corporation’s policy and administrative guidelines on student records.
The Superintendent shall also develop procedural guidelines for:
A. The proper storage, retention and destruction of records
B. Informing Corporation employees of the Federal and State laws concerning student records.
34 CFR Part 99
20 USC Section 1232 g(b)(l)(H)
26 USC 152
The Family Educational Rights and Privacy Act of 1974 (FERPA), 20
Individuals with Disabilities Education Act, 20 USC 1400 et seq.