Adopted:
9/9/03
Revised:
11/18/08
TRIO Wolf Creek Distance Learning Charter
School #4095
515 PROTECTION AND
PRIVACY OF PUPIL RECORDS
I. PURPOSE
The charter school recognizes its responsibility in regard to the
collection, maintenance and dissemination of pupil records and the protection
of the privacy rights of students as provided in federal law and state
statutes.
II. GENERAL STATEMENT OF POLICY
The following procedures and policies regarding the protection and
privacy of parents and students are adopted by the charter school, pursuant to
the requirements of 20 U.S.C. §1232g, et seq., (Family Educational Rights and
Privacy Act) 34 C.F.R. Part 99 and consistent with the requirements of the
Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13. and Minn. Rules Pts.
1205.0100 to 1205.2000.
III. DEFINITIONS
A. Dates
of Attendance
Date
of attendance, as referred to in Directory Information, means the period of
time during which a student attends or attended a school or schools in the
charter school. The term does not
include specific daily records of a student’s attendance at a school or schools
in the charter school.
B. Dependent student.
A dependent student is an individual who
during each of five (5) calendar months during the calendar year in which the
taxable year of the parent begins:
1. is a full-time student at an educational institution; or
2. is pursuing a full-time course of instructional on-farm
training under the supervision of an accredited agent of an educational
institution or of a state or political subdivision of the state.
C. Directory
information.
Directory information means information
contained in an education record of a student which would not generally be
considered harmful or an invasion of privacy if disclosed. It includes the student's name, the student's
photo, the student's address and the student's telephone number. Directory information does not include
personally identifiable data which references religion, race, color, social
position or nationality.
1.
Any parent/guardian objecting to having their student’s
name, grade, graduation date, Learning Manager, address, telephone number, height,
and/or weight ( given only if on an athletic or extracurricular
participant), picture or video taken and used for public distribution or
viewing, or picture/information in the yearbook or on the website; or name
released to the Armed Services* must complete the Data Privacy Request Form-
Appendix A and submit it to the following address.
TRIO Wolf Creek
13750 Lake Blvd
Lindstrom, MN 55045
Attn: Charter School Director
*Armed Service only- unless opt-out information has been submitted as
allowable by law.
D. Education
records.
1. What constitutes "education records?” Education records mean those records which:
(1) are directly related to a student; and (2) are maintained by the charter
school or by a party acting for the charter school.
2. What does not constitute an education record? The term "education records" does
not include:
a. Records of instructional, supervisory
and administrative personnel and educational personnel ancillary thereto which:
(1) are in the sole possession of the maker
of the record; and
(2) are
used only as a personal memory aid;
(3) are not accessible or revealed to any
other individual except a temporary substitute for the maker of the record; and
(4) are destroyed at the end of the school
year.
b. Records of a law enforcement unit of
the charter school, provided educational records
maintained by the charter school are not disclosed to the unit, and the law
enforcement records are:
(1) maintained
separately from education records;
(2) maintained
solely for law enforcement purposes; and
(3) disclosed only to law enforcement officials of the same
jurisdiction.
c. Records relating to an individual,
including a student, who is employed by the charter school which:
(1) are made and
maintained in the normal course of business;
(2) relate
exclusively to the individual in that individual's capacity as an employee; and
(3) are not available for use for any other
purpose.
However, these provisions shall not apply
to records relating to an individual in attendance at the charter school who is
employed as a result of his or her status as a student.
d. Records relating to an eligible
student, or a student attending an institution of post-secondary education,
which are:
(1) made or maintained by a physician,
psychiatrist, psychologist or other recognized professional or paraprofessional
acting in his or her professional or paraprofessional capacity or assisting in
that capacity;
(2) made,
maintained, or used only in connection with the pro vision of treatment to the
student; and
(3) disclosed only
to individuals providing the treatment; provided that the records can be
personally reviewed by a physician or other appropriate professional of the
student's choice. For the purpose of
this definition, "treatment" does not include remedial educational
activities or activities that are a part of the program of instruction within
the charter school.
e. Records that only contain information
about an individual after he or she is no longer a student at the charter
school.
E. Eligible student.
Eligible student means a student who has
attained eighteen (18) years of age or is attending an institution of
post-secondary education.
F. Juvenile Justice System
“Juvenile Justice System” includes
criminal justice agencies and the judiciary when involved in juvenile justice
activities.
G. Legitimate
educational interest.
Legitimate educational interest includes
interest directly related to classroom instruction, teaching, student
achievement and progress, discipline of a student and student health and
welfare. It includes a person's need to
know in order to:
1. Perform an administrative task required
in the school or employee's contract or position description approved by the
school board;
2. Perform a supervisory or instructional
task directly related to the student's education; or
3. Perform a service or benefit for the
student or the student's family such as health care, counseling, student job
placement or student financial aid.
F. Parent.
Parent means a parent of a student and includes
a natural parent, a guardian, or an individual acting as a parent of the
student in the absence of a parent or guardian.
The charter school may presume the parent has the authority to exercise
the rights provided herein, unless it has been provided with evidence that
there is a state law or court order governing such matters as marriage
dissolution, separation or child custody, or a legally binding instrument which
provides to the contrary.
G. Personally identifiable.
Personally identifiable means that the
data or information includes, but is not limited to: (a) a student's name; (b)
the name of the student's parent or other family member; (c) the address of the student or student's
family; (d) a personal identifier such as the student's social security number
or student number; (e) a list of personal characteristics that would make the
student's identity easily traceable; or (f) other information that would make
the student's identity easily traceable.
H. Record.
Record means any information or data
recorded in any way including, but not limited to, handwriting, print, tape,
film, microfilm and microfiche.
I. Responsible authority.
Responsible authority means the Charter
School Director.
J. Student.
Student includes any individual who is or
has been in attendance, enrolled or registered at the charter school and
regarding whom the charter school maintains education records. Student also includes applicants for
enrollment or registration at the charter school, and individuals who receive shared
time educational services from the charter school.
K. School
official.
School official includes: (a) a person
duly elected to the charter school board; (b) a person employed by the charter
school board in an administrative, supervisory, instructional or other
professional position; (c) a person employed by the charter school board as a
temporary substitute in a professional position for the period of his or her
performance as a substitute; and (d) a person employed by, or under contract
to, the charter school board to perform a special task such as a secretary, a
clerk, an attorney or an auditor for the period of his or her performance as an
employee or contractor.
L. Summary data.
Summary data means statistical records and
reports derived from data on individuals but in which individuals are not
identified and from which neither their identities nor any other characteristic
that could uniquely identify the individual is ascertainable.
M. Other terms and phrases.
All other terms and phrases shall be
defined in accordance with applicable state and federal law or ordinary
customary usage.
IV. GENERAL
CLASSIFICATION
State law provides that all data
collected, created, received or maintained by a charter school is public unless
classified by state or federal law as not public or private or
confidential. State law classifies all
data on individuals maintained by a charter school which relates to a student
as private data on individuals. This
data may not be disclosed to parties other than the parent or eligible student
without consent, except pursuant to a valid court order, certain state statutes
authorizing access, and the provisions of 20 U.S.C. §1232g and the regulations
promulgated thereunder.
V. STATEMENT
OF RIGHTS
A. Rights of parents and eligible students.
Parents and eligible students have
the following rights under this policy:
1. The right to inspect and review the
student's education records;
2. The right to request the amendment of
the student's education records to ensure that they are not inaccurate,
misleading or otherwise in violation of the student's privacy or other rights;
3. The right to consent to disclosures of
personally identifiable information contained in the student's education
records, except to the extent that such consent is not required for disclosure
pursuant to this policy, state or federal law, or the regulations promulgated
thereunder.
4. The right to refuse release of 11th
and 12th grade students’ names, addresses, and home telephone
numbers to military recruiting officers;
5. The right to file a complaint with the
U.S. Department of Education concerning alleged failures by the charter school
to comply with the federal law and the regulations promulgated thereunder;
6. The right to be informed about rights
under the federal law; and
7. The right to obtain a copy of this
policy at the location set forth in the COPIES OF POLICY section of this
policy.
B. Eligible students.
All rights and protections given parents
under this policy transfer to the student when he or she reaches eighteen (18)
years of age or enrolls in an institution of post-secondary education. The student then becomes an "eligible
student." However, the parents of
an eligible student who is also a "dependent student" are entitled to
gain access to the educational records of such student without first obtaining
the consent of the student.
VI. DISCLOSURE
OF EDUCATION RECORDS
A. Consent required for disclosure.
1. The charter school shall obtain a
signed and dated written consent of the parent of a student or the eligible
student before disclosing personally identifiable information from the
education records of the student, except as provided herein.
2. The written consent required by this
subdivision must be signed and dated by the parent of the student or the
eligible student giving the consent and shall include:
a. a
specification of the records to be disclosed;
b. the purpose
or purposes of the disclosure;
c. the party or
class of parties to whom the disclosure may be made; and
d. if
appropriate, a termination date for the consent.
3. When a disclosure is made under this
subdivision:
a. if
the parent or eligible student so requests, the charter school shall provide
him or her with a copy of the records disclosed; and
b. if
the parent of a student who is not an eligible student so requests, the charter
school shall provide the student with a copy of the records disclosed.
4. If the responsible authority seeks an
individual's informed consent to the release of private data to an insurer or
the authorized representative of an insurer, informed consent shall not be
deemed to have been given unless the statement is:
a. in plain
language;
b. dated;
c. specific
in designating the particular persons or agencies the data subject is
authorizing to disclose information about the data subject;
d. specific
as to the nature of the information the subject is authorizing to be disclosed;
e. specific
as to the persons or agencies to whom the subject is authorizing information to
be disclosed;
f. specific as to the purpose or purposes
for which the information may be used by any of the parties named in clause e,
both at the time of the disclosure and at any time in the future; and
g. specific
as to its expiration date which should be within a reasonable time, not to
exceed one year except in the case of authorizations given in connection with
applications for life insurance or non-cancelable or guaranteed renewable
health insurance and identified as such, two years after the date of the
policy.
5. Eligible student consent. Whenever a student has attained eighteen (18)
years of age or is attending an institution of post-secondary education, the
rights accorded to and the consent required of the parent of the student shall
thereafter only be accorded to and required of the eligible student, except as
provided in the STATEMENT OF RIGHTS section of this policy.
B. Prior consent for disclosure not
required.
The charter school may disclose personally
identifiable information from the education records of a student without the
written consent of the parent of the student or the eligible student unless
otherwise provided herein, if the disclosure is:
1. To other school officials, including
teachers, within the charter school whom the charter
school determines have a legitimate educational interest in such records;
2. To officials
of other schools or school in which the student seeks or intends to
enroll. The records shall include
information about disciplinary action taken as a result of any incident in
which the student possessed or used a dangerous weapon and any disposition
order which adjudicates the student as delinquent for committing an illegal act
on charter school property and certain other illegal acts. Upon request, the charter school will provide
the parent or eligible student with a copy of the education records which have
been transferred and provide an opportunity for a hearing to challenge the
content of those records in accordance with the REQUEST TO AMEND RECORDS;
PROCEDURES TO CHALLENGE DATA section of this policy;
3. To authorized representatives of the
Comptroller General of the United States, the Secretary of the U.S. Department
of Education, or an official or employee of the Department of Education acting
for the Secretary under a delegation of authority, or the Commissioner of the
State Department of Children, Families and Learning or his or her
representative, subject to the conditions relative to such disclosure provided
under federal law;
4. In connection with financial aid for
which a student has applied or has received, if the information is necessary
for such purposes as to:
a. determine
eligibility for the aid;
b. determine
the amount of the aid;
c. determine
conditions for the aid; or
d. enforce the
terms and conditions of the aid.
"Financial aid" for purposes of
this provision means a payment of funds provided to an individual or a payment
in kind of tangible or intangible property to the individual that is
conditioned on the individual's attendance at an educational agency or
institution.
5. To state and
local officials or authorities to whom such information is specifically
required to be reported or disclosed pursuant to state statute adopted:
a. before
November 19, 1974, if the allowed reporting or disclosure concerns the juvenile
justice system and such systems ability to effectively serve the student whose
records are released; or
b. after
November 19, 1974, if the reporting or disclosure allowed by state statute concerns
the juvenile justice system and the systems ability to effectively serve, prior
to adjudication, the student whose records are released, provided the officials
and authorities to whom the records are disclosed certify in writing to the
charter school that the data will not be disclosed to any other party, except
as provided by state law, without the prior written consent of the parent of
the student. At a minimum, the charter
school shall disclose the following information to the juvenile justice system
under this paragraph: a student’s full name, home address, telephone number,
and date of birth; a student’s school schedule, attendance record, and
photographs, if any; and parent’s names, home addresses, and telephone numbers;
6. To organizations conducting studies for
or on behalf of educational agencies or institutions for the purpose of
developing, validating or administering predictive tests, administering student
aid programs or improving instruction; provided that the studies are conducted in
a manner which does not permit the personal identification of parents or
students by individuals other than representatives of the organization and the
information is destroyed when no longer needed for the purposes for which the
study was conducted. For purposes of
this provision, the term "organizations" includes, but is not limited
to, federal, state and local agencies and independent organizations. In the event the Minnesota Department of
Education determines that a third party outside of the charter school to whom
information is disclosed violates this provision, the charter school may not allow that third party access to
personally identifiable information from education records for at least five
years.
7. To accrediting
organizations in order to carry out their accrediting functions;
8. To parents of
a dependent student;
9. To comply with a judicial order or
lawfully issued subpoena, provided, how ever, that the charter school makes a
reasonable effort to notify the parent or eligible student of the order or
subpoena in advance of compliance therewith so that the parent or eligible
student may seek protective action, unless the disclosure is in compliance with
a federal grand jury subpoena, or any other subpoena issued for law enforcement
purposes, and the court of other issuing agency has ordered that the existence
or the contents of the subpoena or the information furnished in response to the
subpoena not be disclosed. In addition,
if the charter school initiates legal action against a parent or student it may
disclose to the court, without a court order or subpoena, the education records
of the student that are relevant for the charter school to proceed with the
legal action as plaintiff. Also, if a parent
or eligible student initiates a legal action against the charter school, the
charter school may disclose to the court, without a court order or subpoena,
the student’s education records that are relevant for the charter school to
defend itself.
10. To appropriate
parties in connection with an emergency if knowledge of the information is
necessary to protect the health or safety of the student or other
individuals. In addition, an educational
agency or institution may include in the educational records of a student appropriate information concerning disciplinary
action taken against the 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. This information
may be disclosed to teachers and school officials within the charter school
and/or teachers and school officials in other schools who have legitimate
educational interests in the behavior of the student;
11. Information the charter school has
designated as "directory information" pursuant to the RELEASE OF
DIRECTORY INFORMATION section of this policy.
12. To military recruiting officers pursuant
to the MILITARY RECRUITMENT section of this policy.
13. To the parent of a student who is not an
eligible student or to the student himself or herself.
14. To appropriate health authorities to the
extent necessary to administer immunization programs and for bona fide
epidemiologic investigations which the Commissioner of Health determines are
necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being
conducted.
15. To volunteers who are determined to have
a legitimate educational interest in the data and who are conducting activities
and events sponsored by or endorsed by the educational agency or institution
for students or former students.
16. To the juvenile justice system
information on behavior by a student who is on probation: (1) use of a controlled substance, alcohol or
tobacco; (2) assaultive or threatening conduct that could result in dismissal
from school under the Pupil Fair Dismissal Act; (3) possession or use of
weapons or look-alike weapons; (4) participation in gang activity; (5) theft;
or (6) vandalism or other damage to property provided that the request for
access to data must contain an explanation of why access to the data is
necessary to serve the student or to protect students or staff. In addition, prior to releasing this data,
the superintendent must make a reasonable effort to notify the parent or
eligible student of the request and intent to comply with the request.
17. To the director where the student
attends, any counselor directly supervising or reporting on the behavior or progress of the subject
student, any teacher or administrator who directly supervises or reports on the
behavior or progress of the subject student whom the director believes needs
the data to work with the student in an appropriate manner, to avoid being
needlessly vulnerable, or to protect other persons from needless vulnerability,
other charter school employees, substitutes and volunteers who are in direct
contact with the student, if determined these individuals need the data to work
with the student in an appropriate manner, to avoid being needlessly vulnerable,
or to protect other persons from needless vulnerability, information from a
disposition order received by the superintendent. Such notice shall include the identity of the
student, an outline of the offense, and a description of any conditions of probation
about which the school must provide information.
a. Data
received may not be further disseminated except as necessary to serve the
student, to protect students or staff, or as otherwise required by law, and
only to the following persons:
(1) the
student;
(2) the
student’s parent or guardian;
(3) law
enforcement officers; or
(4) the
student probation officer.
VII. RELEASE
OF DIRECTORY INFORMATION
A. Classification.
Directory information is public except as provided herein.
B. Former
students.
The charter school may disclose directory
information from the education records generated by it regarding an individual
who is no longer in attendance within the charter school without meeting the
requirements of Paragraph C of this Section.
C. Present students and Parents.
The charter school may disclose directory
information from the education records of a student without prior written
consent of the parent of the student or eligible student, except as provided
herein. Prior to such disclosure the
charter school shall:
1. Annually, give public notice by any
means that are reasonably likely to inform the parents and eligible students
of:
a.
the
types of personally identifiable information that the charter school
b. the parent's or eligible student's
right to refuse to let the charter school designate any or all of those types
of information about the student as directory information; and
c. the period of time in which a parent or
eligible student has to notify the charter school in writing that he or she
does not want any or all of those types of information about the student
designated as directory information.
2. Allow a reasonable period of time after
such notice has been given for a parent or eligible student to inform the
charter school, in writing, that any or all of the information so designated
should not be disclosed without the parent's or eligible student's prior
written consent, except as provided in the DISCLOSURE OF EDUCATION RECORDS
section of this policy.
D. Procedure
for obtaining nondisclosure of directory information.
The parent's or eligible student's written
notice shall be directed to the responsible authority and shall include the
following:
1. Name of the student;
2. Home address;
3. School presently attended by student;
4. Parent's legal relationship to student,
if applicable; and
5. Specific categories of directory
information to be made not public without the parent's or eligible student's
prior written consent, which shall only be applicable for that school year.
E. Duration.
The designation of any information as
directory information about a student will remain in effect for the remainder
of the school year unless the parent or eligible student provides the written
notifications provided herein.
VIII. DISCLOSURE OF PRIVATE RECORDS
A. Private
records.
For the purposes herein, education records
are records which are classified as private data on individuals by state law
and which are accessible only to the student subject of the data and the student's
parent if the student is not an eligible student. The charter school may not disclose private
records or their contents except as summary data, or except as provided in the
DISCLOSURE OF EDUCATION RECORDS section of this policy, without the prior written
consent of the parent or the eligible student.
B. Private
records not accessible to parent.
In certain cases state law intends, and
clearly provides, that certain information contained in the education records
of the charter school pertaining to a student be accessible to the student
alone, and to the parent only under special circumstances, if at all.
1. The responsible authority may deny
access to private data by a parent when a minor student who is the subject of
that data requests that the responsible authority deny such access. The minor
student's request must be submitted in writing setting forth the reasons for
denying access to the parent and must be signed by the minor. Upon receipt of such request the responsible
authority shall determine if honoring the request to deny the parent access
would be in the best interest of the minor data subject. In making this determination the responsible
authority shall consider the following factors:
a. whether
the minor is of sufficient age and maturity to be able to explain the reasons
for and understand the consequences of the request to deny access;
b. whether the personal situation of the
minor is such that denying parental access may protect the minor data subject
from physical or emotional harm;
c. whether
there are grounds for believing that the minor data subject's reasons for
precluding parental access are reasonably accurate;
d. whether
the data in question is of such a nature that disclosure of it to the parent
may lead to physical or emotional harm to the minor data subject; and
e. whether the data concerns medical,
dental or other health services provided pursuant to Minn. Stat. § 144.341 to
144.347, in which case the data may be released only if the failure to inform
the parent would seriously jeopardize the health of the minor.
C. Private
records not accessible to student.
Students shall not be entitled to access
to private data concerning financial records and statements of the student's
parent or any information contained therein.
IX. DISCLOSURE OF CONFIDENTIAL RECORDS
A. Confidential
records.
Confidential records are those records and
data contained therein which are made not public by state or federal law, and
which are inaccessible to the student and the student's parents or an eligible
student.
B. Reports under the Maltreatment of
Minors Reporting Act.
Pursuant to Minn. Stat. § 626.556, reports
pertaining to a neglected and/or physically and/or sexually abused child shall
be accessible only to the appropriate welfare and law enforcement
agencies. In respect to other parties,
such data shall be confidential and will not be made available to the parent or
the subject individual by the charter school.
The data subject, however, may obtain a copy of the report from either
the local welfare agency, county sheriff or the local police department subject
to the provisions of Minn. Stat. § 626.556, Subd. 11.
C. Investigative
data.
Data collected by the charter school as
part of an active investigation undertaken for the purpose of the commencement
or defense of pending civil legal action, or which are retained in anticipation
of a pending civil legal action are classified as protected nonpublic data in
the case of data not on individuals, and confidential data in the case of data
on individuals.
1. The charter school may make any data
classified as protected non-public or confidential pursuant to this subdivision
accessible to any person, agency or the public if the charter school determines
that such access will aid the law enforcement process, promote public health or
safety, or dispel widespread rumor or unrest.
2. A complainant has access to a statement
provided by the complainant to the charter school.
3. Once a civil investigation becomes
inactive, civil investigative data becomes public unless the release of the
data would jeopardize another pending civil legal action, except for those
portions of such data that are classified as not public data under state or
federal law. Any civil investigative
data presented as evidence in court or made part of a court record shall be
public. For purposes of this provision,
a civil investigation becomes inactive upon the occurrence of any of the
following events:
a. a
decision by the charter school, or by the chief attorney for the charter
school, not to pursue the civil legal action.
However, such investigation may subsequently become active if the
charter school or its attorney decides to renew the civil legal action;
b. the
expiration of the time to file a complaint under the statute of limitations or
agreement applicable to the civil legal action; or
c. the
exhaustion or expiration of rights of appeal by either party to the civil legal
action.
4. A "pending civil legal
action" for purposes of this subdivision is defined as including, but not
limited to, judicial, administrative or arbitration proceedings.
X. DISCLOSURE OF SCHOOL RECORDS PRIOR TO
EXCLUSION OR EXPULSION HEARING
At a reasonable
time prior to any exclusion or expulsion hearing the student, the student's
parent or guardian or representative shall be given access to all charter
school records pertaining to the student, including any tests or reports upon
which the action proposed by the charter school may be based, pursuant to the
Minnesota Pupil Fair Dismissal Act, Minn. Stat. §121A..40, et.
seq.
XI. DISCLOSURE OF DATA TO MILITARY
RECRUITMENT OFFICERS
A. The
charter school must release, without parent or student consent, the names,
addresses, and home telephone numbers of students enrolled in grades 11 and 12
to military recruiting officers within 60 days after the date of the request.
B. Data
released to military recruiting officers under this provision:
(1) May be used only for the purpose of
providing information to students about military service, state and federal
veterans’ education benefits, and other career and educational opportunities
provided by the military; and (2) cannot be further disseminated to any other
person except personnel of the recruiting services of the armed forces.
C. A parent or eligible student has the
right to refuse the release of the above information to military recruiting
officers. To refuse the release of the
above information to military recruiting officers, a parent or eligible student
must notify the responsible authority, the Superintendent of Schools, in
writing, by October 15th of each year.
The
written request must include the following information:
1. Name of student and parent, as
appropriate;
2. Home address;
3. Student’s grade level;
4. School presently attended by student;
5. Parent’s legal relationship to student,
if applicable;
6. Specific
category or categories of information which are to be released to military
recruiters; and
7. Specific
category or categories of directory information which are not to be released to
the public, including military recruiters.
D. Annually, the charter school will
provide public notice by any means that are reasonably likely to inform the
parents and eligible students of the parent’s or eligible student’s right to
refuse to release the names, addresses and home phone numbers of students
enrolled in the 11th and 12th grades.
E. A parent or eligible student’s refusal
to release the above information to military recruiting officers does not
affect the charter school’s
release of directory information to the public, which includes
military recruiting officers. In order
to make any directory information about a student private, the procedures
contained in the RELEASE OF DIRECTORY INFORMATION section of this policy also
must be followed. Accordingly, to the
extent the charter school has designated the name, address, phone number and grade
level of students as directory information, absent a request from a parent or
eligible student not to release such data, this information will be public data
and accessible to military recruiting officers as well as other members of the
public.
XII. LIMITS ON REDISCLOSURE
A. Re-disclosure.
Consistent with the requirements herein,
the charter school may only disclose personally identifiable information from
the education records of a student on the condition that the party to whom the
information is to be disclosed will not disclose the information to any other
party without the prior written consent of the parent of the student or the
eligible student, except that the officers, employees and agents of any party
receiving personally identifiable information under this Section may use the information,
but only for the purposes for which the disclosure was made.
B. Re-disclosure
not prohibited.
1. Subdivision A of this Section does not
preclude the charter school from disclosing personally identifiable information
under the DISCLOSURE OF EDUCATION RECORDS section of this policy with the
understanding that the party receiving the information may make further
disclosures of the information on behalf of the charter school provided:
a. The disclosures meet the requirements of the
DISCLOSURE OF EDUCATION RECORDS section of this policy; and
b.
The
charter school has complied with the record keeping requirements of the
RESPONSIBLE AUTHORITY; RECORD SECURITY; AND RECORD KEEPING section of this
policy.
2. Subdivision A of this section does not
apply to disclosures made pursuant to court orders or lawfully issued subpoenas
or litigation, to disclosures of directory information, to disclosures to a
parent or student, or to parents of dependent students.
C. Classification
of disclosed data.
The information disclosed shall retain the
same classification in the hands of the party receiving it as it had in the
hands of the charter school.
D. Notification.
The charter school shall, except for the
disclosure of directory information under the RELEASE OF DIRECTORY INFORMATION
section of this policy, or except for disclosures to a parent or student,
inform the party to whom a disclosure is made of the requirements set forth in
this Section. In the event that the
Family Policy Compliance Office determines that a third party improperly
re-discloses personally identifiable information from education records, the
educational agency or institution may not allow that third party access to personally identifiable information from
education records for at least five years.
XIII. RESPONSIBLE
AUTHORITY, RECORD SECURITY; AND RECORD KEEPING
A. Responsible
authority.
The responsible authority shall be
responsible for the maintenance and security of student records.
B. Record
security.
The director of each school subject to
the supervision and control of the responsible authority shall be the records
manager of the school, and shall have the duty of maintaining and securing the
privacy and/or confidentiality of student records.
C. Plan
for securing student records.
The director shall submit to the
responsible authority a written plan for securing students records by September
1 of each school year. The written plan
shall contain the following information:
1. A description of records maintained;
2. Titles
and addresses of person(s) responsible for the security of student records;
3. Location of student records, by
category, in the buildings;
4. Means of securing student records; and
5. Procedures for access and disclosure.
D. Review
of written plan for securing student records.
The responsible authority shall review the
plans submitted pursuant to Paragraph C of this Section for compliance with the
law, this policy and the various administrative policies of the charter
school. The responsible authority shall
then promulgate a chart incorporating the provisions of Paragraph C which shall
be attached to and become a part of this policy.
E. Record
keeping.
1. The director shall, for each request
for and each disclosure of personally identifiable information from the
education records of a student, maintain a record with the education records of
the student which indicates:
a. the
parties who have requested or received personally identifiable information from
the education records of the student; and
b. the
legitimate interests these parties had in requesting or obtaining the
information;
2. In the event the charter school
discloses personally identifiable information from an education record of a
student pursuant to Paragraph B of the LIMITS ON DISCLOSURE section of this
policy, the record of disclosure required under this Section shall also
include:
a. the
names of the additional parties to which the receiving party may disclose the
information on behalf of the charter school; and
b. the legitimate interests under the
DISCLOSURE OF EDUCATION RECORDS section of this policy which each of the
additional parties has in requesting or obtaining the information.
3. Paragraph (1) of Record keeping does
not apply to requests by or disclosure to a parent of a student or an eligible
student, disclosures pursuant to the written consent of a parent of a student
or an eligible student, requests by or disclosures to other school officials
under Paragraph B1(a) of the DISCLOSURE OF EDUCATION RECORDS section of this
policy, or to requests for disclosures of directory information under the
RELEASE OF DIRECTORY INFORMATION section of this policy, or to a party seeking
or receiving the records as directed by a Federal grand jury or other law
enforcement subpoena and the issuing court or agency has ordered that the
existence of the contents of the subpoena or the information provided in
response to the subpoena not be disclosed..
4. The record of requests of disclosures
may be inspected by:
a. the parent
of the student or the eligible student;
b. the
school official or his or her assistants who are responsible for the custody of
the records; and
c. the
parties authorized by law to audit the record keeping procedures of the charter
school.
5. The record of requests and disclosures
shall be maintained with the education records of the student as long as the
charter school maintains the student's education records.
XIV. RIGHT
TO INSPECT AND REVIEW EDUCATION RECORDS
A. Parent of a student, an eligible student
or the parent of an eligible student who is also a dependent student.
The charter school shall permit the parent
of a student, an
eligible student or the parent of an eligible student who is also a dependent
student who is or has been in attendance in the charter school to inspect or
review the education records of the student, except those records which are
made confidential by state or federal law or as otherwise provided in the
DISCLOSURE OF PRIVATE RECORDS section of this document.
B. Response
to request for access.
The charter school shall respond to any
request pursuant to Subdivision A of this Section immediately, if possible, or
within five (10) days of the date of the request, excluding Saturdays, Sundays
and legal holidays. In the event the
charter school cannot comply with the request within the initial five (5) day
period, the responsible authority shall so notify the requesting individual and
the responsible authority may have an additional five (5) days within which to
comply, excluding Saturdays, Sundays and legal holidays.
C. Right
to inspect and review.
The right to inspect and review education
records under Subdivision A of this Section includes:
1. The right to a response from the
charter school to reasonable requests for explanations and interpretations of
records; and
2. If circumstances effectively prevent
the parent or eligible student from exercising the right to inspect and review
the education records, the charter school shall 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..
D. Form
of request.
Parents or eligible students shall submit
to the charter school a written request to inspect education records which
identify as precisely as possible the record or records he or she wishes to
inspect.
E. Collection of student records.
If a student's education records are
maintained in more than one location, the responsible authority may collect
copies of the records or the records themselves from the various locations so
they may be inspected at one site.
However, if the parent or eligible student wishes to inspect these
records where they are maintained, the charter school shall attempt to
accommodate those wishes. The parent or
eligible student shall be notified of the time and place there the records may
be inspected.
F. Records
containing information on more than one student.
If the education records of a student
contain information on more than one student, the parent or eligible student
may inspect and review or be informed of only the specific information which
pertains to that student.
G. Authority to inspect or review.
The charter school may presume that either
parent of the student has authority to inspect or review the education records
of a student unless the charter school has been provided with evidence that
there is a legally binding instrument or a state law or court order governing
such matters as marriage dissolution, separation or custody which provides to
the contrary.
H. Fees
for copies of records.
1. The charter school shall charge a
reasonable fee for providing copies of records.
In determining the amount of the reasonable fee, the charter school
shall consider the following:
a. the cost of
materials, including paper, used to provide the copies;
b. the cost of
the labor required to prepare the copies;
c. any
schedule of standard copying charges established by the charter school in its
normal course of operations;
d. any
special costs necessary to produce such copies from machine based record
keeping systems, including but not limited to computers and microfilm systems;
and
e. mailing
costs.
2. The cost of providing copies shall be
borne by the parent or eligible student.
3. The responsible authority, however, may
not impose a fee for a copy of an education record made for a parent or
eligible student if doing so would effectively prevent the parent or eligible
student from exercising their right to inspect or review the student's
education records.
4. The charter school reserves the right
to make a charge for copies such as transcripts it forwards to potential
employers or post-secondary institutions for employment or admissions purposes. The fee for such copies and other copies
forwarded to third parties with prior consent as a convenience will be from
10¢/copy to actual search/retrieval and copying costs, plus postage. if that is involved.
XV. REQUEST TO AMEND RECORDS; PROCEDURES TO CHALLENGE
DATA
A. Request
to amend education records.
The parent of a student or an eligible
student who believes that information contained in the education records of the
student is inaccurate, misleading or violates the privacy or other rights of
the student may request that the charter school amend those records.
1. The request shall be in writing, shall
identify the item the requestor believes to be inaccurate, misleading or in
violation of the privacy or other rights of the student, shall state the reason
for this belief, and shall specify the correction the requestor wishes the
charter school to make. The request shall be signed and dated by the requestor.
2. The charter school shall decide whether
to amend the education records of the student in accordance with the request
within a reasonable period of time of receipt of the request.
3. If the charter school decides to refuse
to amend the education records of the student in accordance with the request,
it shall so inform the parent of the student or the eligible student of the
refusal and advise the parent or eligible student of the right to a hearing
under Subdivision B of this Section.
B. Right to a hearing.
If the charter school refuses to amend the
education records of a student, the charter school shall, on request, provide
an opportunity for a hearing in order to challenge the content of the student's
education records to ensure that information in the education records of the
student is not inaccurate, misleading, or otherwise in violation of the privacy
or other rights of the student. A
hearing shall be conducted in accordance with Subdivision C of this Section.
1. If, as a result of the hearing, the
charter school decides that the information is inaccurate, misleading, or
otherwise in violation of the privacy or other rights of the student, it shall
amend the education records of the student accordingly, so inform the parent of
the student or the eligible student in writing.
2. If, as a result of the hearing, the
charter school decides that the information is not inaccurate, misleading, or
otherwise in violation of the privacy or other rights of the student, it shall
inform the parent or eligible student of the right to place a statement in the
record commenting on the contested information in the record or stating why he
or she disagrees with the decision of the charter school, or both.
3. Any statement placed in the education
records of the student under Sub division B of this Section shall:
a. be maintained by the charter school as part
of the education records of the student so long as the record or contested
portion thereof is maintained by the charter school; and
b. if the education records of the student
or the contested portion thereof is disclosed by the charter school to any party,
the explanation shall also be disclosed to that party.
C. Conduct of hearing.
1. The hearing shall be held within a
reasonable period of time after the charter school has received the request,
and the parent of the student or the eligible student shall be given notice of
the date, place and time reasonably in advance of the hearing.
2. The hearing may be conducted by any
individual, including an official of the charter school who does not have a
direct interest in the outcome of the hearing.
The school board attorney shall be in attendance to present the school
board's position and advise the designated hearing officer on legal and
evidentiary matters.
3. The parent of the student or eligible
student shall be afforded a full and fair opportunity for hearing to present
evidence relative to the issues raised under Subdivisions A and B of this
Section and may be assisted or represented by individuals of his or her choice
at his or her own expense, including an attorney.
4. The charter school shall make a
decision in writing within a reasonable period of time after the conclusion of
the hearing. The decision shall be based
solely on evidence presented at the hearing and shall include a summary of
evidence and reasons for the decision.
D. Appeal.
The final decision of the designated
hearing officer may be appealed in accordance with the applicable provisions of
the Minn. Stat. Chapter 14 relating to contested cases.
XVI. COMPLAINTS
FOR NONCOMPLIANCE
A. Where to file complaints.
Complaints regarding alleged violations of
rights accorded parents and eligible students by 20 U.S.C. §1232g, and the
rules promulgated thereunder, shall be submitted in writing to the Family
Policy and Regulations Office, U.S. Department of Education, Washington, D.C. 20202.
B. Content of complaint.
A complaint filed pursuant to this Section
must contain specific allegations of fact giving reasonable cause to believe
that a violation of 20 U.S.C. §1232g and the rules promulgated thereunder has
occurred.
XVII. WAIVER
A parent or eligible student may waive any
of his or her rights provided herein pursuant to 20 U.S.C. §1232g. A waiver shall not be valid unless in writing
and signed by the parent or eligible student.
The charter school may not require such a waiver.
XVIII. ANNUAL
NOTIFICATION OF RIGHTS
A. Contents of notice.
The charter school shall give parents of
students currently in attendance and eligible students currently in attendance
annual notice by such means as are reasonably likely to inform the parents and
eligible students of the following:
1. That the parent or eligible student has
a right to inspect and review the student's education records;
2. That the parent or eligible student has
a right to request the amendment of the student's education records to ensure
that those records are not inaccurate, misleading, or otherwise in violation of
the student's privacy or other rights;
3. That the parent or eligible student has
a right to consent to disclosures of personally identifiable information
contained in the student's education records, except to the extent that federal
and state law and the regulations promulgated thereunder authorize disclosure
without consent;
4. That the parent or eligible student has
a right to file a complaint with the U.S. Department of Education regarding an
alleged failure by the charter school to comply with the requirements of 20
U.S.C. §1232g, and the rules promulgated thereunder;
5. That the parent or eligible student has
a right to obtain a copy of the charter school’s policy regarding the
protection and privacy of pupil records; and
6. That copies of the charter school’s
policy regarding the protecting and privacy of school records are located at
the Superintendent's Office.
B. Notification to parents of students
having a primary home language other than English.
The charter school shall provide for the
need to effectively notify parents of students identified as having a primary
or home language other than English.
XIX. DESTRUCTION AND RETENTION OF RECORDS
Destruction and retention of records by
the charter school shall be controlled by state and federal law.
XX. COPIES
OF POLICY
Copies of this policy may be obtained by
parents and eligible students at the office of the Director.
Legal References: Minn.
Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat.
§ 120A.22 (Compulsory Instruction)
Minn. Stat.
§ 121A.75 (Sharing Juvenile Disposition Order)
Minn. Stat.
§ 121A.40 to 121A.56 (The Pupil Fair Dismissal Act)
Minn. Stat.
§ 144.341-144.347 (Consent of Minors for Health Services)
Minn. Stat. § 260B.171, subd. 3 (Delinquent Juvenile
Records)
Minn. Stat.
§ 626.556 (Reporting of Maltreatment of Minors)
Minn. Rules
Pts. 1205.0100-1205.2000
20 U.S.C. Sec. 1232g et.
seq. (Family Educational Rights and Privacy Act)
26 U.S.C.
Sec. 1052 (Internal Revenue Code)
34 C.F.R. Secs. 99.1-99.67
“No Child
Left Behind Act of 2001,” H.R. 1, § 9528
Cross
References: TRIO Wolf Creek Policy 506 (Student
Discipline)
TRIO
Wolf Creek Policy 519 (Interviews of Students by Outside Agencies)
TRIO
Wolf Creek Policy 520 (Student Surveys)
MSBA Service Manual, Chapter 13, School
Law Bulletin "I" (School Records-Privacy-Access to Data)
Appendix A
Data Privacy Request Form - 515F
School Year: ______________
If any parent/guardian would object to having their student’s name, grade, graduation date, Learning Manager, address, telephone number, height, and/or weight (given only if on an athletic or extracurricular participant), picture or video taken and used for public distribution or viewing, or picture/information in the yearbook or on the website; or name released to the Armed Services* please send your completed Data Privacy Request Form to the following address
TRIO Wolf
Creek
13750 Lake Blvd
Lindstrom,
MN 55045
Attn: Charter School Director
651-213-2017
*Armed Service only- unless opt-out information has been submitted as allowable by law.
Parent/Guardian’s Printed Name: ___________________________________________
Address: _______________________________________________________________
City / Zip: Phone: _______________________________________________________
Please keep the above information private with regard to the following
student:
Student’s Name: ___________________________________________________
CHECK HERE IF YOU DO NOT WANT INFORMATION RELEASED TO
MILITARY ORGANIZATIONS.
CHECK HERE IF YOU DO NOT WANT INFORMATION or PICTURE/PHOTO TO BE IN YEARBOOK,
WEBSITE, or NEWSLETTERS.
Signature
of Parent/Guardian Date :_______________________________________________
Please note that this request must be filled out each school year and received
by October 15th to be in effect for the current school year. Thank you.
For District Office Use: Date Received: ________________
CC: Web- master: ______ MARSS.: ______ Dir: ______ Dean:_________
Yearbook Advisor : _______ Career Center Coord.:______