Both federal and state law safeguard student records from unauthorized inspection or use and provide parents and eligible students certain rights. For purposes of student records, an “eligible” student is one who is 18 or older OR who is attending an institution of postsecondary education.
Virtually all information pertaining to student performance, including grades, test results, and disciplinary records, is considered confidential educational records. Release is restricted to:
· The parents—whether married, separated, or divorced—unless parental rights have been legally terminated and if the school is given a copy of the court order terminating these rights. Federal law requires that, as soon as a student becomes 18 or is emancipated by a court, control of the records goes to the student. The parents may continue to have access to the records, however, if the student is a dependent for tax purposes.
· District staff members who have what federal law defines as a “legitimate educational interest” in a student’s records. Such persons would include school officials (such as Board members, the Superintendent, and principals), school staff members (such as teachers, counselors, and diagnosticians), or an agent of the District (such as a medical consultant).
· Various governmental agencies or in response to a subpoena or court order.
· A school to which a student transfers or in which he or she subsequently enrolls.
Release to any other person or agency—such as a prospective employer or for a scholarship application—will occur only with parental or student permission as appropriate.
The principal is custodian of all records for currently enrolled students as the assigned school. The principal is the custodian of all records for students who have withdrawn or graduated.
Records may be inspected by a parent or eligible student during regular school hours. If circumstances prevent inspection during these hours, the district will either provide a copy of the records requested or make other arrangements for the parent or student to review these records. The records custodian or designee will respond to reasonable requests for explanation and interpretation of the records. The address of the superintendent’s office is 8117 Highway 6, Hitchcock, TX 77563.
The address(es) of the principals’ offices are:
A parent (or eligible student) may inspect the student’s records and request a correction if the records are considered inaccurate or otherwise in violation of the student’s privacy rights. If the district refuses the request to amend the records, the requester has the right to request a hearing. If the records are not amended as a result of the hearing, the requestor has 30 school days to exercise the right to place a statement commenting on the information in the student’s record. Although improperly recorded grades may be challenged, contesting a student’s grade in a course in handled through the general complaint process found in policy FNG. [See Report Cards/Progress Reports and Conference on page 14 and Student or Parent Complaints and Concerns on page 18 for an overview of the process.]
Copies of student records are available at a cost of ten cents per page, payable in advance. If the student qualifies for free or reduced-price lunches and the parents are unable to view the records during regular school hours, one copy of the record will be provided at no charge upon written request of the parent.
The law permits the district to designate certain personal information about students as “directory information.” This “directory information” will be released to anyone who follows procedures for requesting it.
However, release of a student’s directory information may be prevented by the parent or an eligible student. This objection must be made in writing to the principal within ten school days of the child’s first day of this school year. [See the “Notices Regarding Directory Information and Parent’s Response Regarding Release of Student Information” attached to this handbook.]
The district is required by federal law to comply with a request by a military recruiter or an institution of higher education for students’ names, address, and telephone listings, unless parents have advised the district not to release their child’s information without prior written consent. A form has been attached for you to complete if you do not want the district to provide this information to military recruiters or institutions of higher education.
Please note:
Parents or eligible students have the right to file a complaint with the U. S. Department of Education if they believe the district is not in compliance with federal law regarding student records. The district’s policy regarding student records is available from the principal’s or superintendent’s office or on the district’s Web site at www.hitchcockisd.org.
The parent’s or eligibile student’s right of access to and copies of student records does not extend to all records. Materials that are not considered educational records—such as teachers’ personal notes about a student that are shared only with a substitute teacher—do not have to be made available to the parents or student.