SUPTS. MEMO. NO. 77
April 16, 1999
|FROM:||Paul D. Stapleton
Superintendent of Public Instruction
|SUBJECT:||Guidelines for the Management of the Student's Scholastic Record in Virginia Public Schools|
In an effort to continue assisting school officials with the implementation of the Board of Education's regulation, adopted September 1, 1995, governing the management of student scholastic records, the Department of Education has revised the Guidelines for the Management of the Student's Scholastic Record in Virginia Public Schools. These guidelines offer school divisions suggested practices to ensure protection of private information from unauthorized disclosure. The revised document includes the additional protections and responsibilities afforded to parents, students, and local educational agencies with regard to scholastic records. Enclosed is a copy of the guidelines and a summary of the most recent amendments to the Family Education Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA) regarding scholastic records. Additional copies are being mailed under separate cover. If you have questions regarding the management of the student's scholastic record, you may contact Sandra E. Ruffin at (804) 225-2768 or firstname.lastname@example.org; or David Crossley at (804) 786-6765 or email@example.com. For information about the Virginia Department of Education and First Lady Roxane Gilmore's A Commonwealth of Knowledge, Virginia's website for Educators, visit http://www.pen.k12.va.us. PDS/ser Enclosures SUMMARY OF AMENDMENTS TO FERPA Effective December 23, 1996 LEA Student Records Policy Section 99.6: Removed the requirement that local school divisions have a written policy regarding student records. Formerly, Section 99.6 prescribed a written policy and specified the components that must be in the policy. Annual Notice Section 99.7: Requires that the annual notification of rights include the procedure a parent or eligible student must follow to inspect and review a record or request an amendment of a record. If the school division has a policy of disclosing scholastic records without prior consent, the school division must specify in the notice the criteria for determining which parties are school officials and what the division considers to be legitimate educational interest. Parental/Student Right of Access Section 99.10: Now specifically applies to SEAs as well as school divisions. An SEA is subject to the regulations if it maintains education records on students who are or have been in attendance at any school of an educational agency or institution subject to the Act. Section 99.10(d): If circumstances prevent the parent or eligible student from exercising the right to inspect and review the student's education record, the school division must provide a copy of the requested records or make other arrangements for the parent or eligible student to inspect and review the records. Disclosure of Information without Prior Consent Section 99.31(a)(5)(i): This section now speaks specifically to the disclosure of records concerning the juvenile justice system. Section 99.31(a)(6)(iii): This section permits LEAs to deny access to student records to third parties who disclose records in violation of this section for at least five years. Section 99.31(a)(9): This section specifies how school divisions must respond to judicial orders or subpoenas for student records. Recordkeeping Requirements for Requests and Disclosures Section 99.32(d)(5): Adds parties seeking or receiving records as directed by a Federal grand jury or other law enforcement Summary of Amendments to FERPA subpoena to the list of those who do not have to sign the access log or document the request if the court has ordered that the existence or contents of the subpoena or information furnished not be disclosed. Disclosure of Information to Other Educational Agencies Section 99.34: States that school divisions do not have to notify the parent or eligible student of the disclosure of information to another school division where the student seeks or intends to enroll if the LEA has included in its annual notice a statement that they forward education records to such agencies and institutions. Disclosure in Health and Safety Emergencies Section 99.36(b): Provides for the inclusion of information regarding disciplinary actions taken against a student that posed a significant risk to the safety or well being of the student, other students, or others in the school. Provides for the disclosure of appropriate information to teachers and school officials with legitimate educational interests. Disclosures Concerning the Juvenile Justice System Section 99.38: This is a new section dealing with the disclosure of information concerning the juvenile justice system. SUMMARY OF AMENDMENTS TO IDEA REGARDING STUDENT RECORDS Effective May 11, 1999 Referral to and Action by Law Enforcement & Judicial Authorities 34 CFR 300.529: A school reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime. (The final regulations clarify that a child's special education and disciplinary records may only be transmitted to the extent that such transmission is permitted under FERPA.) Opportunity to Examine Records 34 CFR 300.501: The parents of a child with a disability must be afforded an opportunity to inspect and review all education records relating to that child. This may include records traditionally not part of a student's scholastic record.