EDUCATION RECORDS DEFINED

A "record" is any information recorded in any way, including but not limited to hand writing, print, computer media, video or audio tape, film, microfilm and microfiche.

The term "education records" means those records that are:

• Directly related to a student; and

• Maintained by an educational agency or institution or by a party acting for the agency or institution.

Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records.

• Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

• Records of the law enforcement unit of an educational agency or institution;

• Records relating to an individual who is employed by an educational agency or institution that:

• Are made and maintained in the normal course of business;

• Relate exclusively to the individual in that individual's capacity as an employee; and

• Are not available for use for any other purpose;

• Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

• Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

• Made, maintained, or used only in connection with treatment of the student; and

• Disclosed only to individuals providing the treatment which does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and

• Records that only contain information about an individual after he or she is no longer a student at that agency or institution.

Each educational agency or institution must provide parents or eligible students on request a list of the types and locations of education records collected, maintained, or used by the agency.

A parent or eligible student has the right to inspect and review any education records of the student that are collected, maintained, or used by the educational agency or institution, including:

• Attendance records;

• Test scores;

• Grades;

• Disciplinary records;

• Counseling records;

• Psychological records;

• Applications for admission;

• Health and immunization information;

• Teacher and counselor evaluations; and

• Reports of behavioral patterns.

• The right to a response from the educational agency or institution to reasonable requests for explanations and interpretations of records;

• The right to request that the educational agency or institution provide copies of the records in compliance with COPIES INCLUDING FEES FOR COPIES;  

• The right to have the treatment records of the student reviewed by a physician or other appropriate professional of the parent or eligible student's choice; and

• The right to have a representative of the parent or eligible student inspect and review the records.

• Without unnecessary delay and within a reasonable period of time;

• Before any ARD COMMITTEE MEETING;

• Before a resolution session under the Notice of Procedural Safeguards;

• Before any due process hearing under the Notice of Procedural Safeguards; and

• Not more than 45 days after the request is received.

If any education records include information on more than one student, the parents of those children have the right to:

• Inspect and review only the information relating to their child; or

• Be informed of that specific information.

If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution must:

• Provide the parent or eligible student with a copy of the records requested; or

• Make other arrangements for the parent or eligible student to inspect and review the requested records.

An educational agency or institution may charge a reasonable fee for a copy of an education record which is made for the parent or eligible student, unless the imposition of a fee effectively prevents exercising the right to inspect and review the student's education records.

An educational agency or institution must not charge a fee to search for or to retrieve the education records of a student.

When a disclosure of confidential records is made pursuant to CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION:

• If a parent or eligible student so requests, the educational agency or institution must provide a copy of the records disclosed; and

• If the parent of a student who is not an eligible student as defined in the ANNUAL NOTIFICATION framework so requests, the agency or institution must provide the student with a copy of the records disclosed.

When a disclosure of confidential information is made pursuant to WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, specifically the conditions that apply to disclosure of information to other educational agencies or institutions, the educational agency or institution must give the parent or eligible student, upon request, a copy of the record that was disclosed.