The Buena Vista City School Board shall maintain accurate and complete individual, permanent and cumulative records for every student enrolled in the public schools. These records shall include cumulative and confidential information and shall be the student's official school record. Such records, identified as education records in Title 20, Section 1232g of the United States Code and in Chapter 14 of Title 22.1 of the Code of Virginia, 1950, as amended, shall be maintained in compliance with all federal and state law.
The superintendent and/or his designee(s) shall be responsible for the collection of data, record maintenance and security, access to, and use of records, confidentiality of personally identifiable information, and dissemination of information from records, and destruction of records, including the destruction of personally identifiable information regarding a student with a disability at the request of the parents. The superintendent shall also provide for notification of all school division personnel of policy and procedures for management of education records and notification of parents and students of their rights regarding student records, including the right to obtain, upon request, a copy of the Buena Vista City Public Schools written policy and procedure on the management of the education records and their location.
The superintendent or his/her designee(s) shall be present for interpretation and explanation of student records when all parties have access to those records with the exception of designated professional personnel within the school division. The superintendent shall provide for the periodic evaluation of records by the professional personnel and the removal of data no longer educationally useful. Parent(s) of students and eligible students shall be informed prior to destruction of records and provided a copy if desired.
The Buena Vista City Public Schools will provide a copy of this policy on request to a parent or eligible student.
For the purposes of this policy, the Buena Vista City Public Schools has used the following definitions of terms:
Student - any person who attends or has attended a school in the Buena Vista City Public Schools.
Eligible student - a student or former student who has reached age 18, is emancipated under Virginia law, or has complied with compulsory attendance requirements as set forth in the Code of Virginia, 1950, as amended.
Parent - either natural parent of a student, a guardian, an individual acting as a parent or guardian in the absence of the student's parent or guardian, or other person in the Commonwealth having control or charge of any child of school age as defined in the Code of Virginia, 1950, as amended.
Education records - any record (in handwriting, print, computer media, video or audio tape, film, microfilm, microfiche or other medium) maintained by the Buena Vista City Public Schools or an agent of the school division which is directly related to a student, except:
1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to another person except a temporary substitute for the maker of the record.
2. Records created and maintained for law enforcement purposes by the
3. An employment record which is used only in relation to a student's employment by the Buena Vista City Public Schools.
4. Alumni records which contain information about a student after he or she is no longer in attendance at the Buena Vista City Public Schools and which do not relate to the person as a student.
Education records include:
1. Court notice of adjudication as provided in § 16.1-305.1 of the Code of Virginia, 1950, as amended, if disciplinary action against a student is based upon an incident which formed the basis for the adjudication or conviction. Any notice of disposition shall not be retained after the student has been awarded a diploma or certificate.
2. Disciplinary record of action taken based on notice of an adjudication as specified in number 1.
3. Any disciplinary action taken against a student for violation of school rules or policies occurring on school property or at school-sponsored events. Information concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
If disciplinary action is taken by the school division in regard to the incident upon which the adjudication or conviction was based, notice shall be provided to the parent or guardian in accordance with state law. With the consent of the parent or guardian, or in compliance with a court order, the school division must also notify the court of the disciplinary action. If the school does not take disciplinary action, every notice of adjudication or conviction received by a local superintendent, and information contained in the notice, shall be maintained by the superintendent and by any others to whom he disseminates it separately from all other records concerning the student.
Dissemination of Information About Court Proceedings
The superintendent shall disseminate the notice or information regarding an adjudication of delinquency or conviction for an offense listed in Va. Code 16.1-260.G. contained in a notice received pursuant to § 16.1-305.1 of the Code of Virginia, 1950, as amended, to school personnel responsible for the management of student records and to other relevant school personnel, including, but not limited to, the principal of the school in which the student is enrolled. The principal shall further disseminate such information to licensed instructional personnel and other school personnel who (1) provide direct educational and support services to the student and (2) have a legitimate educational interest in such information.
The superintendent shall not disclose information contained in or derived from a notice of petition received pursuant to § 16.1-260 except as follows:
* if the juvenile is not enrolled as a student in a public school in the division to which the notice was given, the superintendent shall promptly so notify the intake officer of the juvenile court in which the petition was filed and may forward the notice of petition to the superintendent of the division in which the juvenile is enrolled, if known;
* prior to receipt of the notice of disposition, the superintendent may disclose the fact of the filing of the petition and the nature of the offense to the principal of the school in which the student is enrolled if the division superintendent believes that disclosure to school personnel is necessary to ensure the physical safety of the student, other students or school personnel within the division; and
* after the student has been taken into custody, whether or not the student has been released, the principal may further disseminate the information only to those students and school personnel having direct contact with the student and need of the information to ensure physical safety, appropriate educational placement or other educational services.
Parents will be notified of their rights under the Federal Educational Rights and Privacy Act (FERPA) annually by publication in their child's student handbook published/distributed 9/30/06.
The school division shall notify, at least annually, the parents of students in attendance (including those parents identified as having a primary or home language other than English) and eligible students in attendance (a student who has reached age 18) by such means as are reasonably likely to inform them of their rights as follows:
· the types and location of education records and information maintained therein;
· the title and address of the school official responsible for the maintenance of education records;
· the parties to whom data may be disclosed, and the purpose for disclosure;
· the fact that transfer of a scholastic record upon request by another school division will be made without written notice being provided to the student or the student’s parent or guardian;
· policies and procedures for reviewing and expunging education records;
· policies and procedures for disclosure of data from education records;
· the rights of parents and eligible students to review and challenge the content of education records and to file with the FERPA Office a complaint concerning an alleged failure by the school division to comply with 20 U.S.C. 1232g;
· the fee as established in this policy to the parent or eligible student for reproducing copies of education records;
· the data designated in this policy as directory information;
· the right of parents and eligible students to obtain, upon request, a copy of the school division written policies and procedures on the management of the education records and the location of these records.
PROCEDURE TO INSPECT EDUCATION RECORDS
Parents of students or eligible students may inspect and review the student's education records relating to their children without unnecessary delay and before any meeting regarding an IEP or hearing involving a student with a disability. Further, parents shall have the right to a response from the school division to reasonable requests for explanations and interpretations of the education record.
Parents or eligible students should submit to the student's school principal a written request which identifies as precisely as possible the record or records he or she wishes to inspect.
The principal (or appropriate school official) will make the needed arrangements for access as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected. Access must be given in 14 days or less from the receipt of the request.
When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the portion of the record which pertains to other students.
When disciplinary action is taken by the school division in regard to an incident upon which an adjudication of delinquency or a conviction of acts specified in § 16.1-305.1 of the Code of Virginia, 1950, as amended, the parent or guardian must be notified of the action, the reasons therefore and his/her right to review and to request amendment of the student's education records. Every notice of adjudication or conviction received by the superintendent and information in the notice which is not a disciplinary record, shall be maintained by the superintendent and other school personnel separately from all other records concerning such student unless the division takes disciplinary action based on an incident which was the basis for the adjudication or conviction.
REFUSAL TO PROVIDE COPIES
Although the Buena Vista City Public Schools cannot deny parents access to their children's education records, the Buena Vista City Public Schools will not provide a parent or eligible student a copy of the student's education record unless failure to do so would effectively prevent the parent or eligible student the right to inspect and review the records.
FEES FOR COPIES OF RECORDS
The fee for copies will be BASED ON THE actual cost of copying time and postage will be charged. The Buena Vista City Public Schools shall not charge for search and retrieval of the records. The Buena Vista City Public Schools shall not charge a fee for copying an Individualized Education Plan (IEP) or for a copy of the verbatim record of a hearing conducted in accordance with the State Board of Education's Regulations Governing Special Education Programs for Children with Disabilities in Virginia.
TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATION RECORDS
The Buena Vista City Public School shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the school division.
The following is a list of the types of records that the Buena Vista City Public Schools maintain, their locations, and their custodians.
Types Location Custodian Information
ALL STUDENT PRINCIPAL’S OR PRINCIPAL AS REQ
RECORDS COUNSELOR’S OR COUNSELOR BY STATE
OFFICE OR FED REG
DISCLOSURE OF EDUCATION RECORDS
When parental consent is required in order to release a student's records, and the parent refuses to give such consent, the school division shall use informal means to secure the consent.
If the parent continues to refuse to give consent, the school division shall provide written notification to the person/agency requesting the information, that parental consent is required and has been refused. If the school division wishes to disclose the information and has been unable to secure the necessary consent through informal means, the school division may use more formal measures, as appropriate, to effect release of information.
The Buena Vista City Public Schools shall disclose information from a student's education records only with the written consent of the parent or eligible student except:
1. To school officials who have a legitimate educational interest in the records.
A school official is:
• A person employed by the Division as an administrator, supervisor, instructor, or support staff member.
• A person appointed or elected to the School Board.
• A person employed by or under contract to the school division to perform a special task, such as an attorney, auditor, medical consultant, or therapist.
• A person who is a teacher or school official, including teachers and school officials in other schools, who have legitimate educational interests in the student.
A school official has a legitimate educational interest if the official is:
• Performing a task that is specified in his or her position description or by a contract agreement.
• Performing a task related to a student's education.
• Performing a task related to the discipline of a student.
• Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
2. To officials of another school, upon request, in which a student seeks or intends to enroll. The Buena Vista City Public Schools shall provide written notice of the transfer including the identity of the requester to the parent, guardian or other person having control or charge of the student or to a student who is 18 years of age or older within five days of the date on which the record was transferred. This notice requirement applies on the transfer of records to education programs in jails and detention centers.
3. To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.
4. In connection with a student's request for or receipt of financial aid as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. For the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication. The principal or his designee may disclose identifying information from a pupil’s scholastic record to state or local law-enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties; an officer or employee of a count or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency; attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice and to the staff of such agencies. Prior to disclosure of any such scholastic records, the persons to whom the records are to be disclosed shall certify in writing to the principal or his designee that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the pupil or by such pupil if the pupil is eighteen years of age or older.
6. To organizations conducting certain studies for or on behalf of the school division.
7. To accrediting organizations to carry out their functions.
8. To parents of an eligible student who claim the student as a dependent for income tax purposes.
9. To the entities or persons designated in judicial orders or subpoenas as specified in FERPA.
10. To appropriate parties in a health or safety emergency.
11. Directory information so designated by the school division.
MILITARY RECRUITERS AND INSTITUTIONS OF HIGHER LEARNING
The Buena Vista City Public Schools will provide, on request made by military recruiters or an institution of higher education, access to secondary school students’ names, addresses, and telephone listing.
A secondary school student or the parent of the student may request that the student’s name, address, and telephone listing not be released without prior written parental consent. The school division will notify parents of the option to make a request and will comply with any request.
The school division will provide military recruiters the same access to secondary school students as is provided generally to post-secondary educational institutions or to prospective employers of those students.
RECORD OF REQUESTS FOR DISCLOSURE
The Buena Vista City Public Schools shall maintain a record, kept with the education records of each student, indicating all individuals, agencies, or organizations which request or obtain access to a student’s education records, except those who receive records with consent. The record will indicate the legitimate interest the party had in obtaining the information. The record of access will be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations which audit the operation of the system.
The requirements related to records of requests for disclosure stated above do not apply to requests made pursuant to an ex parte order issued by a court at the request of the United States Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) seeking to collect education records relevant to an authorized investigation or prosecution of international terrorism as defined in 18 U.S.C. § 2331 or other acts listed in 18 U.S.C. § 2332b(g)(5)(B).
Personal information will only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party permits access to information, or fails to destroy information, the division will not permit access to information from education records to that third party for a period of at least five years.
The BUENA VISTA CITY Public Schools shall notify parents and eligible students at the beginning of each school year what information, if any, BUENA VISTA CITY school division has designated as directory information, the right to refuse to let the division designate any or all of such information as directory information and the period of time to refuse, in writing, the directory information designation in accordance with FERPA.
BUENA VISTA CITY PUBLIC SCHOOLS HAS DESIGNATED THE FOLLOWING INFORMATION AS DIRECTORY INFORMATION;
. STUDENT’S NAME
. MAJOR FIELD OF STUDY
. DATES OF ATTENDANCE
. GRADE LEVEL
. PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND SPORTS
WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS
. DEGREES, HONORS, AND AWARDS RECEIVED
. THE MOST RECENT EDUCATIONAL AGENCY OR INSTITUTION ATTENDED
CORRECTION OF EDUCATION RECORDS
Parents or eligible students shall be notified of their right to challenge the content and to ask to have records corrected (including expungement) that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:
1. Parents or the eligible student must request in writing that the Buena Vista City Public Schools amend a record. In so doing, they should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of the student's privacy or other rights.
2. Buena Vista City Public Schools shall decide whether to amend the record in accordance with the request within a reasonable period of time. If it decides not to comply, the school division shall notify the parents or eligible student of the decision and advise them of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
3. Upon request, Buena Vista City Public Schools shall arrange for a hearing, and notify the parents or eligible student, reasonably in advance, of the date, place, and time of the hearing. The hearing shall be held within a reasonable period of time after the request.
4. The parent may be represented by one or more individuals/attorney.
5. The hearing shall be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the school division. The parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records in accordance with FERPA.
Buena Vista City Public Schools shall prepare a written decision which will include a summary of the evidence presented and the reasons for the decision.
The Buena Vista City Public Schools shall notify the parent and eligible student of their right to file with the FERPA Office a complaint concerning an alleged failure by the school division to comply with federal law.
If Buena Vista City Public Schools decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it shall amend (including expungement) the record and notify the parents or eligible student, in writing, that the record has been amended.
CONFIDENTIALITY OF HIV AND DRUG AND ALCOHOL TREATMENT RECORDS
The Buena Vista City Public Schools shall comply with the confidentiality requirements of Section 32.136.1 of the Code of Virginia, 1950, as amended, providing for the confidentiality of records related to any test for Human Immunodeficiency Virus (HIV). In addition, the school division shall maintain confidentiality of drug and alcohol treatment records as required by federal and state law.
Adopted: 08/25/03; 08/24/06; 06/26/08
Legal Refs: 18 U.S.C. §§ 2331, 2332b.
20 U.S.C. §§1232g, 1400 et seq.
42 U.S.C. § 290dd-2.
34 C.F.R. Parts 99, 300 et seq.
Code of Virginia, 1950, as amended, §§ 2.2-3704, 16.1-260, 16.1-305.1, 16.1-305.2, 22.1-287 through -289, 32.1-36.1.
8 VAC 20-80-10 et seq.
8 VAC 20-150-10 et seq.
Virginia Superintendent's Memoranda No. 12, June 17, 1994 and No. 6, April 8, 1994.
Cross Ref.: IJ Guidance and Counseling Program