Wautoma Area School District
Approved 03/13/2003
I. DEFINITIONS
A. Student records include all records relating to an individual student, regardless of
format, maintained by a school other than notes or records maintained for personal use by a teacher or other certified personnel who is required by the state superintendent under
State Statute 115.28(7) to hold a certificate, license or permit if such records and notes
are not available to others, and records necessary for and available only to persons involved in the psychological treatment of a student.
B. Progress records means those student records which include:
1. The student’s grades.
2. A statement of the courses the student has taken.
3. The student’s attendance record.
4. The student’s immunization records.
5. Any lead screening records required under Wisconsin State Statute 254.162.
6. Records of the student’s school extracurricular activities.
C. Behavioral records means those student records which include:
1. Psychological tests.
2. Personality evaluations.
3. Records of conversations.
4. Any written statement relating to an individual student’s behavior, tests relating specifically to achievement, or measurement of ability.
5. A student’s physical health records other than his/her immunization records.
6. Law enforcement officers’ records obtained under State Statute 48.396(1m).
7. Any other student records that are not progress records.
D. Student Physical Health Care Records are those student records that include basic health information about a student including:
1. The student’s immunization records.
2. Emergency medical card.
3. Log of first aid and medicine administered to the student.
4. Athletic permit card.
5. Record concerning the student’s ability to participate in an education program.
6. Results of any routine screening test such as for hearing, vision, or scoliosis, and any follow-up to such test.
7. Any other basic health information as determined by the State Superintendent of
Public Instruction.
E. Patient Health Care Records include all records relating to the health of a student prepared by or under the supervision of a health care provider that are not included in the student physical health records definition above.
F. Law Enforcement Records include those records and other information obtained from a law enforcement agency relating to:
1. The use, possession, or distribution of alcohol or a controlled substance by a student enrolled in the District.
2. The illegal possession of a dangerous weapon by a child.
3. Act for which a District student was taken into custody based on the law enforcement officer’s belief that he/she violated or was violating certain specified laws.
4. The act for which a juvenile enrolled in the District was adjudged delinquent.
5. The law enforcement agency may provide such record information to the District on its own initiative or on the request of the District Administrator or designee, subject to the agency’s official policy. Once the record information is received, the student named in the records and the parent/legal guardian of any minor student named in the records shall be notified of the information.
G. Court Records include those records received from a court clerk concerning a juvenile enrolled in the District who:
1. Has had a petition filed with a court alleging that he/she has committed a delinquent act that would be a felony if committed by an adult.
2. Has been adjudged delinquent.
3. Has school attendance as a condition of his/her court dispositional order.
4. Has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang that would be a felony if committed by an adult and has been adjudged delinquent on that basis.
H. Directory data as designated by the Board Education includes:
1. The student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height or members of athletic teams, dates of attendance, photographs, degrees and awards received, and the name of the school most recently previously attended by the student.
I. Special Education Records means those records that include:
1. Referral information (including notices and forms).
2. Signed parent/legal guardian consent or refusal for evaluation.
3. Individualized education program (IEP).
4. IEP team evaluations.
5. Individual reports.
6. Placement decisions.
7. Medical evaluations and prescriptions required to substantiate health care plans.
8. Medical evaluations used to substantiate a determination of disability.
9. Adult Student means a student who has attained 18 years of age. The consent required of and the rights accorded to the parent/legal guardian of a student while he/she was a minor shall thereafter only be required of an accorded to the adult student, except as otherwise provided.
II. CONFIDENTIALITY OF STUDENT RECORDS
A. Release of Student Records to Adult Student and the Parent/Legal Guardian of Minor Students.
1. Adult students and the parent/legal guardian of minor students shall have the right to inspect, review, and copy student records in accordance with state and federal laws and District rules and regulations.
2. Either parent/legal guardian may exercise his/her right to inspect records unless the school has been provided with evidence that there is a State law or court order governing such matters as a divorce decree, separation or custody agreement, or other legally binding instrument which specifically provides to the contrary.
3. Personally identifiable information from an adult student’s records may be disclosed to the student’s parent/legal guardian, without the adult student’s written consent, if the adult student is a dependent of his/her parent/legal guardian under the Internal
Revenue Code. An exception shall be made when an adult student has informed the school, in writing, that the information may not be disclosed.
4. Adult students or the parent/legal guardian of minor students shall be provided a copy of the student’s records upon request, including the student’s transcript, at no cost consistent with legal requirements. Transcripts requested by adult students or the parent/legal guardian of minor students to be provided to other persons, agencies, or institutions shall be provided at cost.
5. An adult student or the parent/legal guardian of a minor student shall, upon request, be shown the student’ behavioral records in the presence of a person qualified to explain and interpret the records. Such a student or parent/legal guardian shall, upon request, be provided with a copy of the behavioral records at no cost consistent with legal requirements.
B. Access/Release of Student Progress or Behavioral Records (Other than Patient Health Care Records) to Others.
1. The judge of any court of Wisconsin or the United States shall, upon request, be provided by the Board Clerk or designee with a copy of the progress records of a student who is the subject of any proceeding in such courts. A reasonable effort shallbe made to notify the adult student or the parent/legal guardian of a minor student in advance of compliance.
2. Names of dropouts shall be provided to a court in response to an order under the State law governing municipal school dropout ordinances.
3. If school attendance is a condition of a student’s dispositional order under section
48.355(2)(b)7 or 938.358(2), the Board shall notify the county department that is responsible for supervising the student shall be notified with five (5) days after any violation of the condition by the student.
4. A law enforcement agency shall be provided a copy of a student’s attendance record if the law enforcement agency certifies in writing that the student is under investigation for truancy or for allegedly committing a criminal or delinquent act and that the law enforcement agency will not further disclose the student’s attendance record information except as permitted by law. When a student’s attendance record is disclosed to a law enforcement agency for purposes of a truancy investigation, the student’s parent/legal guardian shall be notified of that disclosure as soon as practicable after that disclosure.
5. A fire investigator shall be provided a copy of a student’s attendance record if the fire investigator certifies in writing that:
a) The student is under investigation for arson.
b) The student’s attendance record is necessary for the fire investigator to pursue his/her investigation.
c) The fire investigator will use and further disclose the student’s attendance record only for the purpose of pursuing that investigation.
6. Student records shall be made available to school officials who have been determined by the Board to have legitimate educational interests, including safety interests, in such records. A “school official” is a person employed by the District who is required by the Department of Public Instruction (DPI) to hold a license; a person who is employed by or working on behalf of the District as an administrator, supervisor, instructor or support staff member (including health or medical staff and police school liaison personnel); a person serving on the Board; a person or company with whom the District has contracted to perform a specific task (such as an attorney, auditor, medical consultant, or therapist); or a parent/legal guardian or student serving on an official committee such as disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a “legitimate educational interest” if the official needs to review a student record in order to fulfill his/her professional or District responsibility.
a) Law enforcement records received by the District may be made available to those school officials with legitimate educational interests, including safety interests, in the information. If law enforcement record information obtained/received by the District relates to a District student, the information shall also be disclosed to those District employees who have been designated by the Board to receive that information for the purpose of providing treatment programs for District students. The information may not be used as the sole basis for suspending or expelling a student form school, or as the sole basis for taking any other disciplinary action against a student, including action under the District’s athletic code.
b) Court records obtained by the District must be disclosed to District employees who work directly with the juvenile named in the records or who have been determined by the Board to have legitimate educational interests, including safety interests, in the information. An employee cannot further disclose the information and the information cannot be used as the sole basis for suspending or expelling a student from school.
(1) Upon the written permission of an adult student or the parent/legal guardian of a minor student, the school shall make available without unnecessary delay to the person named in the permission form a copy, at cost, of the student records requested.
The form for requesting the release of records must include the following information:
(a) The specific records that are authorized to be released.
(b) The reasons for such release.
(c) The parties or person to whom the information shall be released.
(2) Law enforcement records may not be made available under this exception unless specifically identified by the adult student or by
the parent/legal guardian of a minor student in the written permission.
c) Student records shall be provided to a court in response to a subpoena by parties to an action, or in compliance with a judicial order, to be used only for purposes of impeachment of any witness who has testified in the action. After an in-camera inspection, the courts may turn said records or parts thereof over to parties in the action or their attorneys if said record would be relevant and material to a witness’ credibility or competency. A reasonable effort shall be made to notify the adult student or the parent/legal guardian of a minor student in advance of compliance with the order.
d) The Board shall disclose a student’s records in compliance with a courtordered educational plan after making a reasonable effort to notify the adult student or the parent/legal guardian of a minor student.
7. The District Administrator or designee may provide the Department of Public
Instruction (DPI) or other public officer with information required under Chapters 115 to 121 of the state statutes. Upon request, the Board shall provide the DPI with any student record information that relates to an audit or evaluation of a federal or state-supported program or that is required to determine compliance with state law provisions.
8. Notwithstanding their confidential status, student records may be used in suspension and expulsion proceedings and by the IEP team in accordance with state and federal law.
9. Information from a student’s immunization records shall be made available to state
and local health officials to carry out immunization requirements.
10. Upon request, the Board Clerk or designee shall provide the names of students who have withdrawn from school prior to graduation to the technical college district board in which the public school is located or, for verification of eligibility for public assistance to the Department of Health and Family Services, the Department of Workforce Development or a county department under sections 46.215, 46.22, or 46.23 of the State Statutes.
11. A student’s records shall be disclosed in compliance with a court order under
Wisconsin’s delinquency statutes after a reasonable effort has been made to notify the student’s parent/guardian.
12. In response to a court order, the District shall provide to the court the names of all persons known by the District to be dropouts and who reside within the county in which the circuit court or the municipality court is located.
13. Annually, on or before August 15, the District shall report to the appropriate community services boards established under sections 51.42 and 51.437 the names of students who reside in the District, who are 16 years of age or older, who are not expected to be enrolled in an educational program two years from the date of the report and who may require services under sections 51.42 and 51.437 (community mental health, development disabilities, alcoholism and drug abuse).
14. Personally identifiable information from the student records of an adult student may be disclosed to the parent of the adult student without the written consent of the adult student if the adult student is a dependent of his/her parent for tax purposes (under the Federal Internal revenue Code, 26 USC). This may be done unless the adult student has informed the school, in writing, that the information may not be disclosed.
15. The District shall, upon request, provide student disciplinary records necessary for purposes of student enrollment in another public school district as permitted by law.
These records may include:
a) A copy of any expulsion finding and orders or records of any pending disciplinary proceedings involving the student.
b) A written explanation of the reasons for the expulsion or pending disciplinary proceedings.
c) The length of the term of the expulsion or the possible outcomes of the pending disciplinary proceedings.
16. Copies of student records shall be provided without unnecessary delay at cost to the person or agency that is authorized to inspect them.
C. Access/Release of Directory Data.
Except as otherwise provided below, directory data may be disclosed to any person after the school has:
1. Notified the parent/legal guardian of the categories of information that it has designated as directory data with respect to each student.
2. Informed such persons that they have 14 days to inform the school that all or any part of the directory data may not be released without their prior consent, and allowed 14 days for such persons to inform the school, in writing, of all the directory data items they refuse to permit the District to designate as directory data about that students. At the end of this two-week period, each student's records will be appropriately marked by the records custodian to indicate items the District will designate as directory data about he student. This designation will remain in effect until it is modified by the written direction of the adult student or parent/legal guardian of a minor student
3. If the District has followed the notification procedure outlined above, and the adult student or the parent/legal guardian of a minor student does not object to the directory data being released, the Board Clerk shall, upon request, provide the name and address of each student expected to graduate from high school in the current school year to the technical college district board.
4. If the school has followed the notification procedure outline above, and the adult student or parent/legal guardian does not object to the directory data being released, the Board Clerk or designee shall, upon request, provide any representative of law enforcement agency, district attorney, city attorney or corporation counsel, county department under sections 46.215, 46.22, or 46.23, or a court record, or municipal court with such directory data information relating to any such student enrolled in the
District for the purpose of enforcing that student’s school attendance, to respond to a health or safety emergency or to aid in the investigation of alleged criminal or delinquent activity by a student enrolled in the District.
D. Access/Release Student Patient Health Care Records.
All student patient health care records shall remain confidential. They may only be released to persons specifically designated in the state patient health care records laws or to other persons with the informed consent of the patient or a person authorized by the patient. Student patient health care records maintained by the District may only be released without informed consent to a District employee or agent if any of the following apply:
1. The employee or agent has responsibility for the preparation or storage of patient health care records.
2. Access to patient health care records is necessary to comply with a requirement in federal or state law.
3. Any part of a student health care record that concerns the results of a test for the presence of HIV or antibody to HIV (the virus which causes acquired immunodeficiency syndrome – AIDS) shall be confidential and may be disclosed only with the informed written consent of the test subject.
III. RECORDS MAINTENANCE/DISCLOSURE
A. While students are attending school, their records will be maintained in the school of attendance. Upon transfer of the student to another school operated by the District, the records shall be transferred to that school. When the student ceases to be enrolled in a school operated by the District, his/her records will be transferred to the central administrative office. Patient health care records and law enforcement records shall be maintained separately from a student’s other records.
B. Each student record folder shall be examined at least annually for the purpose of eliminating extraneous or outdated materials contained therein. The principal will be responsible for having student records current and designating professional staff to review the student record folder.
C. The building principal shall have primary responsibility for maintaining the confidentiality of all student records kept at that school. All requests for inspection or for transfer to another school or school district should be directed to the building principal who will determine whether inspection or transfer is permitted under state and federal law and these guidelines. The building principal or qualified designee shall be present to interpret behavioral records when inspection is made under Section B(2)(b) above. Upon transfer of student records to the central administrative office, the District Administrator or qualified designee will assume these duties.
D. A record of each request for access to and each disclosure of personally identifiable information from a student’s record folder shall be maintained with such student’s records, except when the request is from or the disclosure is to the following person/party:
1. The adult student or the parent/legal guardian of a minor student.
2. A school official.
3. A party with written consent form the adult student or parent/legal guardian,
4. A party seeking directory data.
5. A party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information in response to the subpoena not be disclosed.
IV. TRANSFER OF RECORDS
Student records relating to a specific student shall be transferred to another school or school district upon receipt of written notice from:
1. An adult student or the parent/legal guardian of a minor student that the student intends to enroll in the other school or school district.
2. Another school or school district that the student has enrolled.
3. A court that a student has been placed in a juvenile correctional facility or secured child caring institution.
V. AMENDMENT OF RECORDS
A. An adult student or parent/legal guardian of a minor student who believes that information contained in the student’s records is inaccurate, misleading, or otherwise in violation of the student’s privacy rights may request the records custodian amend the records. Such request shall be addressed in writing to the school official having custody of the records. Within ten school days of receiving the request, the District shall decide whether to amend the records in accordance with the request and inform the adult student or parent/legal guardian of the decision.
B. If the District refuses to amend the records, it shall inform the adult student or parent/legal guardian of the refusal and advise him/her of the right to a hearing before the
Board. The request for the hearing shall be filed in writing and include a specific statement of which records and how such with the District Administrator. The adult student or the parent/legal guardian of a minor student shall be given notice of the date, place, and time of the hearing reasonably in advance of the hearing
1. The Board President shall conduct the hearing. He/she shall designate two other Board members to serve with him/her on the hearing panel.
2. The adult student or parent/legal guardian shall be afforded the opportunity to present relevant evidence and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney.
3. The decision of the hearing panel shall be based solely upon the evidence presented and shall include a summary of the evidence and the reason for the decision.
4. The hearing shall be held and adult student or parent/legal guardian of a minor student informed of the hearing panel’s decision in writing within ten school days
5. If the hearing panel decides that the information is inaccurate, misleading, or otherwise in violation of the student’s privacy rights, the education records of the student shall be amended accordingly.
6. If the hearing panel decides that the information is not inaccurate, misleading, or otherwise in violation of the student’s privacy rights, the District shall inform the adult student or parent/legal guardian of a minor student of the right to place a statement commenting upon the information in the education records and/or describing reasons for disagreeing with the decision of the hearing panel.
VI. RECORDS RETENTION
A. Records that are transferred to the District Administration Office when the student ceases to be enrolled shall be maintained as follows:
1. All behavioral records will be destroyed one year after the date the student graduates from or last attends a school in the District unless the student, or the parent/legal guardian of a minor student, gives permission that the records may be maintained for a longer period of time. Where such written permission is received, behavioral records shall be maintained for the time period specified in the written permission or, if no such time period is noted, for as long as the District’s needs require.
2. Student progress records shall be retained permanently after the student ceases to be enrolled in the District.
3. The District shall not destroy any educational records of a student if there is an outstanding request to inspect and review them.
B. Special Education Records
1. Student special education records will be maintained in the Special Education Office at Parkside School in accordance with District policy. The school office where the student attends may maintain a copy of a current IEP. The District shall maintain a listing of employees and their positions that are authorized to have access to records of special education students. This listing shall be posted in an area accessible to the public. All persons collecting or issuing personally identifiable information from student special education records shall receive training or instruction regarding the policies and procedures that the District has undertaken to ensure the confidentiality of any personally identifiable information maintained or collected by the District.
2. When the student ceases to be enrolled in a school operated by the District, within six
months from the time that student left the District, his/her records will be transferred to the District Administration Office. Records that are transferred to the District
Administration Office when the student ceases to be enrolled shall be maintained as follows:
3. All behavioral records will be destroyed one year after the date the student graduated from or last attended the school unless the student and his/her parent/legal guardian or the adult student give permission that the records may be maintained for a longer period time.
VII. COMPLAINTS REGARDING ALLEGED NONCOMPLIANCE WITH FEDERAL REQUIREMENTS
A. Adult students or the parent/legal guardian of minor students may file a complaint with the Family Policy Compliance Office of the U.S. Department of Education, 400
Maryland Avenue SW, Washington D.C., 20202-4605; for alleged District noncompliance with requirements of the Federal Family Educational Rights and Privacy
Act (FERPA).
VIII. ANNUAL NOTICE
A. Adult students and the parent/legal guardian of minor students shall be notified annually of the following:
1. The content of student records maintained by the District and the time during which they will be maintained.
2. Their rights to inspect, review, and obtain copies of student records.
3. Their rights to request the amendment of the student’s school records if they believe the records are inaccurate or misleading.
4. Their rights to consent to the disclosure of the student’s school records, except to the extent State and federal law authorizes disclosure with out consent.
5. The categories of student record information that has been designated as directory data and the right to deny the release of such information.
a) Such notice shall be published annually in the District’s official newspaper.
6. The right to file a complaint with the Family Policy Compliance Office of the U. S. Department of Education.
7. The notice shall be published in the District calendar and school handbooks/agendas.
8. The building principal shall ensure that each adult student and the parent/legal guardian of a minor student receive the annual notice as published at the time and place of enrollment.
