SERIES 5000: STUDENTS, CURRICULUM, AND ACADEMIC MATTERS

5300 Student Enrollment, Attendance, and Records

5309 Student Records and Directory Information

The District may collect, retain, use, and disclose student education records consistent with state and federal law.

A. Definitions

1.An “education record” is a record directly related to a student that the District or its agents maintain, except that an education record does not include:

a. records kept in the maker’s sole possession that are used as a personal memory aid and that are not accessible or revealed to any person except a temporary substitute for the maker;

b. records maintained by a law enforcement unit of the District, as defined by the Family Educational Rights and Privacy Act (FERPA), if the record was created for a law enforcement purpose;

c. records relating to a student who is at least 18 years old that are created or maintained by a psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in that capacity that are created or maintained only for the student’s treatment (exclusive of remedial educational activities or educational activities that are part of the District’s instructional program) and that are disclosed only to persons providing treatment (except that the records may be personally reviewed by a physician or other appropriate professional of the student’s choice);

d. records created or received by the District after a person is no longer a student in the District and that are not directly related to the person’s attendance as a student in the District;

e. grades on peer-graded papers or assignments before they are collected or recorded by a teacher; or

f. records relating to a person employed by the District that are maintained in the normal course of business, relate only to the person’s employment, and are not available for any other purpose. Records relating to a person employed as a result of that person’s status as a student are, however, “education records.”

2. “Personally identifiable information” means a student’s name; the name of a student’s parent/guardian or family member; the student’s address or the address of a family member; a personal identifier, such as the student’s social security number, student number, or biometric record; other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; other information that alone or in combination is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

3. “Directory information” is the information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. The Board designates the following as directory:

a. student names, addresses, and telephone numbers;

b. photographs, including photographs and videos depicting a student’s participation in school-related activities;

c. date and place of birth;

d. major field of study;

e. grade level;

f. enrollment status (e.g., full-time or part-time);

g. dates of attendance (e.g., 2013-2017);

h. participation in officially recognized activities and sports;

i. weight and height of athletic team members;

j. degrees, honors, and awards received; and

k. the most recent educational agency or institution attended.

The Board further designates District-assigned student email addresses as directory information for the limited purposes of: (1) facilitating the student’s participation in and access to online learning platforms and applications; and (2) inclusion in internal school and District email address books.

B. Collection and Retention of Records

School officials may collect and retain information about the District’s students that is reasonably necessary for the District to perform its role as a public school district, including, without limitation, student work samples, assessments, evaluations, surveys, health and medical information, immunization records, birth certificates, proof of residence, proof of achievements and awards, behavior records, investigation reports, incident reports, attendance records, all records necessary for the District to satisfy state or federal legal obligations, and any record necessary for the District to prove that a student was accurately counted in membership for state aid and grant purposes.

The Superintendent or designee will ensure that all student records are retained consistent with the Records Retention and Disposal Schedule for Michigan Public Schools and Policy 3502 and that reasonable steps (including, without limitation, physical or technological controls) are taken to protect education records, including those stored electronically, from inadvertent or unauthorized disclosure.

C. Right to Inspect and Review Education Records

Parents/guardians may inspect and review their minor child’s education records, regardless of custody status, unless a court order specifically provides otherwise.

Parents/guardians may also inspect and review the education records of an “eligible student” if the student is considered a dependent under Internal Revenue Code Section 152. An “eligible student” means a student who is at least 18 years old, an emancipated minor, or a student enrolled in a postsecondary institution. Eligible students have the right to inspect and review their own education records.

The District will not disclose a student’s or parent’s/guardian’s phone number or address or the parent’s/guardian’s employment address to another person who is the subject of a court order that prohibits disclosure of the information if the District has received a copy of the order.

The District will make arrangements for a parent/guardian or eligible student to inspect and review the student’s education records within a reasonable time from receiving a request and not more than 30 calendar days from the date of the request or, if the student whose records are requested is a child with a disability as defined by the Individuals with Disabilities Education Act, before any Individualized Education Program Team meeting, resolution meeting, or due process hearing.

D. Right to Request Explanation or Interpretation of Student Education Records

A parent/guardian or eligible student may request, in writing, an explanation or interpretation of a student’s education records. School officials will respond to any reasonable request.

E. Right to Request Amendment of Education Records

A parent/guardian or eligible student may request that a student’s education record be amended if the parent/guardian or eligible student believes the record is inaccurate, misleading, or otherwise in violation of the student’s privacy rights. The Superintendent will develop administrative guidelines explaining the process by which a parent/guardian or eligible student may request an amendment to the student’s records and that the parent/guardian or eligible student has the right to a hearing if the District refuses the request.

F. Disclosure of Education Records to School Officials

Except as noted in “Disclosure to a For-Profit Business Entity” (section J), a school official may receive and review personally identifiable information from a student’s education record only if the school official has a legitimate educational interest in the information. A school official has a “legitimate educational interest” if the record review is necessary for the school official to perform an administrative, supervisory, or instructional task as assigned by the District or to perform a service or benefit for the student or the student’s family. For purposes of this Policy, a “school official” is any person employed by the District. The Board further designates the following persons and entities as “school officials”:

1.  a person or company with whom the Board has contracted to perform a specific task (such as an attorney, auditor, insurance representative, medical consultant, or online educational service provider or vendor);

2. a contractor, consultant, volunteer, or other party to whom the Board has outsourced a service or function otherwise performed by District employees (e.g., a therapist, a school resource officer, or an authorized information technology specialist);

3. a parent/guardian or student serving on an official committee, such as a disciplinary, reinstatement, or grievance committee; and

4. a person, including a volunteer, who is assisting another school official in performing the official’s duties.

The above-identified persons and entities must: (a) perform institutional services or functions for which the District would otherwise use its own employees, (b) be under the direct control of the District as to the use and maintenance of education records, and (c) be subject to the requirements of FERPA regulations governing the use and re-disclosure of personally identifiable information from education records.

The Superintendent or designee will adopt procedures, including physical and technological controls, to ensure that only those school officials with a legitimate educational interest may access personally identifiable information from a student’s education records.

G. Disclosure of “Directory Information”

Except as otherwise stated in this Policy, school officials may disclose “directory information” without the prior written consent of a parent/guardian or eligible student unless the parent/guardian or eligible student specifically notifies the District that the parent/guardian or eligible student does not consent to the disclosure of the student’s directory information for 1 or more of the uses for which the District would commonly disclose the information.

The District will provide parents/guardians and eligible students with a Directory Information Opt Out Form, listing all uses for which it commonly discloses student directory information. The form will allow the parent/guardian or eligible student to elect not to have the student’s directory information disclosed for 1 or more of the listed uses. Upon receipt of a completed Directory Information Opt Out Form, school officials may not release the student’s directory information for any of the uses selected on the form.

The Superintendent or designee will provide the Directory Information Opt Out form to all parents/guardians or eligible students within the first 30 days of the school year. The form will also be made available at a parent’s/guardian’s or eligible student’s request at any time during the school year. If the parent/guardian or eligible student does not return the form, the District may release directory information as permitted by law. The Directory Information Opt Out form will be kept on file for 1 year.

To ensure that directory information is not improperly used, the Superintendent or designee may require that a person requesting directory information execute an affidavit stating that, if disclosed, the directory information will not be used, rented, or sold for the purpose of surveys, marketing, or solicitation.

H. Disclosure of Education Records to Another School

School officials may release or disclose personally identifiable information contained in a student’s education record without the consent of the parent/guardian or eligible student to another school or post-secondary institution in which the student seeks or intends to enroll, is enrolled, or from which the student receives services, if the disclosure is related to the student’s enrollment or transfer.

I. Tagged Records and Record Transfers

Upon notification by a law enforcement agency that a student under age 17 is missing, the building principal or designee will tag the student’s record in a manner that will alert both District and ISD personnel that the student is considered missing. Within 7 calendar days after receiving notice from a law enforcement agency that a student is no longer considered missing, the building principal or designee will remove the tag from the student’s record. Within 30 calendar days after receiving a request from a school in which a student has enrolled, the building principal or designee will forward the student’s education records to the requesting school unless the student’s record has been tagged as described in this Policy. If the record has been tagged, the building principal or designee will not forward the student’s education records to the requesting school and will notify law enforcement.

J. Disclosure to a For-Profit Business Entity

School officials will not sell or otherwise provide any personally identifiable information that is part of a student’s education records to a for-profit business entity, except as follows:

1. an employee or agent of a business entity acting as a “school official” as defined in this Policy;

2. pursuant to a management agreement between a public school academy and an educational management organization;

3. as necessary for standardized testing; or

4. as necessary to a person who is providing educational or educational support services to the student pursuant to a contract with the school.

K. Disclosure of Education Records in Response to Subpoena/Court Order

To the extent consistent with state law, including the nondisclosure requirements of Revised Judicature Act Section 2165, school officials may release or disclose personally identifiable information contained in a student’s education records without the consent of the parent/guardian or eligible student upon receipt of a court order or lawfully issued subpoena requiring disclosure of the information. To the extent permitted or required by law, before complying with a court order or subpoena, school officials must notify the parent/guardian or eligible student, in writing, that the District intends to comply with the court order or subpoena.

L. Disclosure of Education Records in Other Circumstances

Except as provided in this Policy, the District and its employees and agents are prohibited from disclosing personally identifiable information from a student’s education records without the written consent of a parent/guardian or eligible student unless the disclosure is otherwise permitted or required by law, including, without limitation, if the disclosure is:

• necessary because of a health or safety emergency;

•  to authorized state or federal officials;

•  in connection with a student’s application for or receipt of financial aid;

• made for purposes of conducting a study for or on behalf of an educational agency or institution;

•  to an accrediting organization;

• concerning a registered sex offender; or

• to a representative of a child welfare agency for a foster child.

A school official may not disclose personally identifiable information from a student’s education records unless disclosure is consistent with the requirements of state and federal law, including FERPA.

M. Disclosure Logs

The Superintendent or designee will maintain, to the extent required by law, a log of those persons to whom personally identifiable information from a student’s education records has been disclosed. The record will identify the student whose information was disclosed, the person or entity who requested or received the information, the information that was disclosed, the date the parent/guardian or eligible student provided written consent (if necessary for the disclosure), a legitimate reason for the disclosure, and any other information required by law.

Subject to the limitations below, a parent/guardian or eligible student may request, in writing, information related to disclosure of personally identifiable information by the District. This information includes:

• the specific personally identifiable information that was disclosed by the District;

• the name and contact information of each person, agency, or organization to which the District disclosed the student’s personally identifiable information; and

• the legitimate reason that the person, agency, or organization had in obtaining the personally identifiable information.

The District is not required to provide information about the disclosure of personally identifiable information if the personally identifiable information is:

1.provided to MDE or CEPI;

2. provided to the eligible student or the student’s parent/guardian;

3. provided to an intermediate school district providing services pursuant to a written agreement;

4. provided by an intermediate school district to a school district or to a public school academy in which the pupil is enrolled or to a school district or public school academy providing services to the pupil pursuant to a written agreement;

5. provided to a person, agency, or organization with the written consent of the eligible student or the student’s parent/guardian;

6. provided to a person, agency, or organization in accordance with an order, subpoena, or ex parte order issued by a court of competent jurisdiction;

7. provided as necessary for standardized assessments that measure the student’s academic progress and achievement;

8. covered by the District’s Directory Information Opt Out Form, unless the parent/guardian or eligible student has signed and submitted the Opt Out Form.

N. Video Recordings

A video recording that is directly related to a student may be an “education record” (e.g., when it is maintained to document student conduct or misconduct, unless it is maintained by a law enforcement unit and used solely for a law enforcement purpose). The Superintendent or designee will determine, on a case-by-case basis, upon receipt of a request for the video’s disclosure, whether a particular video is an “education record” and whether it contains “personally identifiable information” about a student. If the Superintendent or designee determines that a video recording is an “education record,” its release and disclosure and the rights of parents/guardians and eligible students to inspect and review the video recording are governed by this Policy, applicable laws, and relevant state and federal guidance

O. Disclosure of Records to Law Enforcement

Nothing in this Policy limits a school official’s right or duty under state law or pursuant to the Statewide School Safety Information Policy to contact law enforcement to report possible criminal activity. A school official may not, however, disclose personally identifiable information from a student’s education records to law enforcement without the prior written consent of a parent/guardian or eligible student unless disclosure is otherwise permitted or required by state or federal law (e.g., in response to a health or safety emergency or a court order or subpoena).

If a school official reports possible criminal activity of a student with a disability as defined by the Individuals with Disabilities Education Act, the school official must transmit a copy of the student’s special education records and disciplinary records to the authorities to whom the crime is reported in a manner consistent with FERPA (i.e., with prior written consent or a lawful exception to consent). Except for disclosures in response to a health or safety emergency, school officials must seek written consent to transmit the records of a student with a disability immediately after reporting the student’s potential criminal activity to authorities.

P. Disclosure of Information to Military Recruiter

The District will provide recruiters of the Armed Forces of the United States with at least the same access to the high school campus and to directory information as is provided to other entities offering educational or employment opportunities to those students, as required by state and federal law. “Armed Forces of the United States” means the armed forces of the United States and their reserve components and the United States Coast Guard.

The Directory Information Opt Out Form must include the option to opt out of the disclosure of the student’s directory information to recruiters of the Armed Forces of the United States. Upon receipt of a written “opt out,” school officials may not release the student’s directory information to recruiters of the Armed Forces of the United States. The District may charge a fee, not to exceed the actual costs of copying and mailing the requested directory information, to recruiters of the Armed Forces of the United States, to the same extent it charges other organizations.

Q. Annual Notice Requirements

The Superintendent or designee will send an annual notice to parents/guardians and eligible students notifying them of the following:

1.the right to inspect and review their student’s education records;

2. the right to seek amendment of their student’s education records, the process for requesting amendment, and applicable hearing procedures;

3. the identity of designated “school officials” and the definition of “legitimate educational interest”;

4. the definition of “directory information” and notice that their student’s directory information may be disclosed without consent unless the parent/guardian or eligible student opts out of allowing disclosure;

5. the District’s practice to disclose a student’s education records, including disciplinary records, to another school or post-secondary institution in which the student seeks or intends to enroll or is enrolled;

6. the right to consent to the disclosure of personally identifiable information from a student’s education record before its disclosure, unless a nonconsensual disclosure is otherwise authorized by law;

7. the right to opt out of disclosure of directory information to recruiters for Armed Forces of the United States and their service academies;

8. the right to file a complaint with the U.S. Department of Education alleging that the District violated FERPA; and

9. the right to obtain a copy of the Board’s policies and administrative regulations about student records

Legal authority: 20 USC 1401 et seq., 1232g, 7165, 7908; 26 USC 152; 34 CFR Part 99, 300; MCL 15.243(2); MCL 380.1134-.1136, 380.1137a, 380.1279g; MCL 600.2165; MCL 722.30; Records Retention and Disposal Schedule for Michigan Public Schools

Date adopted: 08/09/2021

Date revised: