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Series 505.2AR - Protection and Privacy of Student Records

Adopted: January 1977
Revised: August 2018

1. Intent – This regulation on the protection and privacy of parents, guardians and students
is adopted by Independent School District 196 pursuant to the requirements of 20 U.S.C.
Section 1232(g) et seq., and is consistent with the requirements of the Minnesota Data
Privacy Act, Minnesota Statute 15.1611 et seq.

2. Definitions

2.1 "Directory information" includes a student’s name, date and place of birth, major
field of study, participation and performance in officially recognized activities and
sports, weight and height of members of athletic teams, dates of attendance,
enrollment status, district-issued email address, grade level, degrees, honors,
diplomas and awards received, honor roll, school of attendance, the most recent
previous educational agency or institution attended, photographs and other visual
and audio representations for school-approved publications, yearbooks,
newspapers, public presentations, ID badges, and publication on school-approved
Internet pages and student identification (ID) numbers, user IDs or other unique
personal identifiers used by a student for purposes of accessing or communicating
in electronic systems or displayed on an ID badge. (A student’s identifier is
directory information but educational records can only be accessed in conjunction
with the use of a password or personal identification number (PIN) or other factor
known or possessed only by the authorized user.) Directory information does not
include identifying data which references religion, race, color, disability, social
position or nationality. “Directory information” also includes home addresses and
home telephone numbers of students in grades 9 through 12, for the purpose of
providing such information to military recruiting officials as requested by the
military and to institutions of higher learning as requested by the institutions, in
accordance with state and federal law. “Directory information” also includes home
addresses, telephone numbers, school schedule, daily attendance record, and
parent or guardian names, addresses, email addresses and telephone numbers for
the purpose of providing such information to law enforcement officers. “Directory
information” also includes home addresses, and telephone numbers for the
purpose of providing such information to the Dakota County Library.

2.2 "Education records" means those records which are directly related to a student
and are maintained by the school district.

2.2.1 The term “Education Records” does not include:

2.2.1.1 Records of instructional, supervisory and administrative personnel and
educational personnel ancillary thereto which:

2.2.1.1.1 Are in the sole possession of the maker of the records;

2.2.1.1.2 Are destroyed at the end of the school year, and

2.2.1.1.3 Are not accessible or revealed to any other individual except a
substitute. (For the purpose of this definition, a "substitute"
means an individual who performs on a temporary basis the
duties of the individual who made the record, and does not
refer to an individual who permanently succeeds the maker of
the record in his or her position.)

2.2.1.2 Records relating to an individual employed by the district which
are made and maintained in the normal course of business, relate
exclusively to the individual in that individual's capacity as an
employee and are not available for use for any other purpose.

2.2.1.3 Records relating to an eligible student which are:

2.2.1.3.1 Created 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,
but not employed or compensated by District 196 at the
time the record is prepared or created;

2.2.1.3.2 Created, maintained or used only in connection with the
provision of treatment to the student, and

2.2.1.3.3 Not disclosed to anyone other than 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 which are part of the program of
instruction within the school district.)

2.2.1.4 Records which contain only information relating to a person and
which were obtained after he or she is no longer a student in
District 196.

2.2.1.5 Special education records as defined in Procedure 505.3.1P, Public
Notice - Annual Notification of Rights, Protection and Privacy of
Student Records.

2.3 "Eligible student" means a District 196 student who is 18 years of age or older.

2.4 "Legitimate educational interest" includes interests directly related to classroom
instruction, teaching, student achievement and progress, student discipline, and student
health and welfare.

2.5 "Parent" includes a parent, a guardian or an individual acting as a parent of a student
in the absence of a parent or guardian. The district may presume the parent has the
authority to exercise the rights inherent in the applicable law and set out in this policy
unless it has been provided with evidence that there is a state law or court order
governing such matters as divorce, separation or custody, or a legally binding
instrument which provides to the contrary.

2.6 "Personally identifiable" means the data or information includes: (a) the name of a
student, the student's parents or other family members, (b) the address of the
student, (c) a personal identifier, such as the student's social security number or
student number, (d) a list of personal characteristics which would make the
student's identity easily traceable or (e) other information which would make the
student's identity easily traceable.

2.7 "Record" means any information or data recorded in any medium, including, but
not limited to handwriting, print, tapes, film, microfilm and microfiche, computer
disk or compact disc.

2.8 "Responsible authority" means the superintendent of schools or designee.

2.9 "Student" includes any individual on whom the school district maintains
educational records.

2.10 "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 an
individual is ascertainable.

2.11 All other terms and phrases shall be defined in accordance with applicable law
or ordinary custom and usage.

3. Public, Private and Confidential Records

3.1 All records, including education records, are public records, except as limited herein in
accordance with applicable law.

3.2 For the purposes of this regulation, "private records" means records which are
made not public by state or federal law and which are accessible to the student
subject of the data and his or her parents if he or she is not an eligible student.

3.3 For the purposes of this regulation, "confidential records" means records which are
made not public by state or federal law and which are inaccessible to the student
and his or her parent.

4. Consent

4.1 Prior Consent Required – The district shall obtain the written consent of the parent
of a student or the eligible student (using Procedure 505.2.3P, Prior Consent to
Release Private Data To or From an Outside Agency/Person) before disclosing
personally identifiable information from the education records of a student, other
than directory information, except as provided herein.

4.1.1 Consent is not required under this section when the disclosure is to the
parent of a student who is not an eligible student or to the student himself
or herself.

4.1.2 The written consent required in section 4.1 above must be signed and dated
by the parent of the student or the eligible student giving the consent, and
shall include a specification of the records to be disclosed, the purpose or
purposes of the disclosure and the party or class of parties to whom the
disclosure may be made.

4.2 Prior Consent Not Required – The school district 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
and if the disclosure is:

4.2.1 To school officials with legitimate educational interests who are: persons employed
by the school as an administrator, supervisor, instructor, or support staff
members; a person serving on the School Board; a person or company with whom
the school has contracted to provide a service instead of using its own employees or
officials including the school district’s insurer or an authorized volunteer.
Legitimate educational interests include those directly related to the school
official’s professional responsibilities for classroom instruction, teaching,
assessment and research, student achievement and progress, student discipline
and student health or welfare or other legitimate professional responsibilities;

4.2.2 To officials of other schools or school districts in which the student seeks or
intends to enroll. (This provision shall serve as notice that the district forwards
education records, including disciplinary records, on request to a school in which a
student seeks or intends to enroll, and that the district will not further notify
parents or eligible students prior to such a transfer. Upon request, the district will
provide the parent or eligible student with a copy of the education records which
have been transferred and provide an opportunity to utilize the provisions of this
regulation to challenge the content of these records.);

4.2.3 To authorized representatives of federal authorities as provided by U.S.C. Section
1232(g), including the Comptroller General, the Attorney General, the Department
of Education and the Department of Agriculture, and the commissioner of the
Minnesota Department of Education;

4.2.4 In connection with financial aid which a student has applied for or received;


4.2.5 To state and local officials or authorities to whom such information is specifically
required to be reported or disclosed by state statute prior to November 19, 1974;

4.2.6 To organizations or individuals 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 will not permit the
personal identification of students and their parents by individuals other than
representatives of the organization that have legitimate interests in the information
and the information will be destroyed when no longer needed for the purposes for
which the study was conducted. The term "organization" includes, but is not
limited to, federal, state and local agencies, independent organizations and
individuals. Individuals and organizations shall present their research plans, in
writing, in advance to the appropriate personnel as described in Administrative
Regulation 801.9AR, Use of Students, Employees and/or District Data for
Research;

4.2.7 To accrediting organizations in order to carry out their accrediting functions;

4.2.8 To parents of a dependent student, as defined in Section 152 of the Internal
Revenue Code of 1986;

4.2.9 To comply with a judicial order or lawfully issued subpoena provided that the
district makes a reasonable effort to notify the parent of the student or the
eligible student of the order or subpoena in advance of compliance, or
without notifying the parent if the order is issued related to court proceedings
involving child abuse and neglect or child dependency matters and the parent
is a party to those proceedings;

4.2.10 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. Factors to be considered in determining disclosure
include:

4.2.10.1 The seriousness of the threat to the health or safety of the student
or other individuals;

4.2.10.2 The need for the information to meet the emergency;

4.2.10.3 Whether the parties to whom the information is disclosed are in a
position to deal with the emergency;

4.2.10.4 The extent to which time is of the essence in dealing with the
emergency, and

4.2.10.5 As otherwise permitted by law, and

4.2.11 To a caseworker, state or local child welfare representative, or tribal
organization that has a right to access the student’s case plan, when the
agency or organization is legally responsible for the child’s care and
protection, and only to the extent that the information will be disclosed by
the agency or organization in a manner that is consistent with the law.

4.3 Whenever a student has attained 18 years of age, 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.

5. Release of Directory Information (Administrative Regulation 505.2.4AR) – Directory
information is public as follows:

5.1 Former Students – The district may disclose directory information from the
education records generated by it regarding an individual who is no longer in
attendance in the district.

5.2 Present Students – The district may disclose directory information from the
education records of a student without the prior written consent of the parent of
the student or eligible student, except as provided in this regulation. Prior to such
disclosure the district shall:

5.2.1 Give public notice in a newspaper of general circulation of the categories of
personally identifiable information it has designated as directory information
(Procedure 505.3.2P, Public Notice - Directory and Yearbook Information);

5.2.2 Allow a reasonable period of time after such notice has been given for a
parent to inform the district in writing that any or all the information so
designated should not be disclosed without the parent's prior written
consent, except to the officials or agencies outlined in section 4 above.

6. Procedure for Obtaining Non-disclosure of Directory Information – The parent's
written notice (Procedure 505.2.4.3P, Denial of Release of Directory and Yearbook
Information) shall be directed to the responsible authority or designee (Student
Information) and shall include the following:

6.1 Name of student;

6.2 Home address;

6.3 School presently attended by student;

6.4 Parent's legal relationship to student, and

6.5 Specific categories of directory information to be made not public without the
parent's prior written consent. (A parent/guardian may not prevent the disclosure
of a student’s name, identifier or institutional email address in a class in which the
student is enrolled or from wearing, disclosing or displaying a student ID badge.)

7. Request for Destruction of Special Education Records

7.1 District 196 Data Privacy Regulations and Procedures comply with Volume 34,
Code of Federal Regulation, Section 300.624 by indicating that special education
records are no longer needed to provide educational services after graduation from
high school or when the student ages out of eligibility for special education services
if the student was not graduated from high school.

7.2 Former students who are subjects of special education data or who would like to
know if they are the subjects of special education data should contact the special
education office by calling 651-423-7629 or by writing to the Director of Special
Education, 3455 153rd Street West, Rosemount, MN 55068-4946.

7.3 Full procedures for requesting destruction of special education data are described
in Procedure 505.3.1P, Public Notice - Annual Notification of Rights, Protection and
Privacy of Student Records, published annually in the district's official newspaper.

8. Disclosure of Private Records

8.1 For the purposes of this regulation, "private records" are records which are made
not public by state or federal law and which are accessible only to the student
subject of the data and his or her parents if he or she is not an eligible student.
The district may not disclose private records or their contents, except as summary
data and except as provided in section 4 above, without the prior written consent of
the parent. Private records include: 

8.1.1 Group test scores (achievement, aptitude, interest, intelligence);

8.1.2 Level of achievement (marks, teacher ratings, end-of-year report);

8.1.3 Student health records (medical, appraisal, routine hearing and vision
screening, nurses’ comments);

8.1.4 Individually administered standardized, intelligence, aptitude and
achievement tests (e.g., Peabody Picture Vocabulary, Slossen, Wide Range
Achievement Tests, Illinois Test of Psycholinguistic Ability, Bender, Kuder,
Strong);

8.1.5 Psychological, social workers and counseling reports pertaining to formal
personality testing and assessments;

8.1.6 Medical reports, other than those routinely obtained for health records,
except as provided in section 8.2 below, or

8.1.7 Child welfare reports pertaining to free or reduced-price school meals, child
custody and non-public court information and administrative reports of
verified serious behavioral or criminal incidents unless such reports are
made confidential in accordance with state law.

8.2 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
district pertaining to a student be accessible to the student alone and to the parent
only under special circumstances if at all. Pursuant to Minnesota Statute 626.556,
child welfare reports pertaining to abused and battered children shall be accessible to
appropriate welfare and law enforcement agencies and the subject individual alone.
The district shall not make such reports available to the parent.

9. Disclosure of Confidential Records – Confidential records are those records (and data
within those records) which are made not public by state or federal law and which are
inaccessible to the student and his or her parent.

9.1 Records in the possession of the district which include data on a student collected by
a civil or criminal investigative agency as part of an active investigation undertaken
for the purpose of commencement of a legal action, shall be treated as confidential
by the district.

9.2 Confidential Records from Other Agencies – Data on individuals received from
outside agencies which is classified confidential in accordance with state or federal
law shall be treated as confidential by the district. The burden as to whether the
data is properly classified as confidential shall be upon the outside agency which
provided it.

10. Limitations on Redisclosure – Consistent with the requirements herein, the district may
only disclose personally identifiable information from the education records of a student
on the condition that the party to whom the information is 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 personally identifiable information which is
disclosed to an institution, agency or organization may be used by its officers, employees
and agents, but only for the purposes for which the disclosure was made.

10.1 Section 9 above does not preclude the district from disclosing personally identifiable
information under section 4 above with the understanding that the information will
be redisclosed to other parties under that section, provided that the record-keeping
requirements of federal law are met with respect to each of those parties.

10.2 The district shall, except for the disclosure of directory information under section 5
above, inform the party to whom a disclosure is made of the requirement set forth
in section 10 above.

11. Responsible Authority, Record Security and Record-keeping (Procedure
505.2.9.3P, Annual Building Plan – Security of Student Records)

11.1 Responsible Authority – The responsible authority for the maintenance and
security of student records shall be the superintendent of schools or his or her
designee.

11.2 Record Security – Subject to the supervision and control of the superintendent:

11.2.1 The principal/coordinator of each school/program, shall manage the records
of his or her school or program and shall have the duty of maintaining and
securing the privacy and/or confidentiality of student records stored there;

11.2.2 The director of special education shall manage child study records at the
District Office and shall have the duty of maintaining and securing the
privacy and/or confidentiality of child study records, and

11.2.3 Student Information shall manage the records for all other student records
maintained at the District Office and shall have the duty of maintaining and
securing the privacy and/or confidentiality of records stored there.

11.3 Principals/program coordinators, the director of special education and Student
Information shall submit District Procedure 505.2.9.3P, Annual Building Plan Security of Student Records, to the superintendent by September 1 of each school
year. The written plan shall contain the following information:

11.3.1 Name of person(s) responsible for the security of student records;

11.3.2 Location of student records, by category, in the building;

11.3.3 Means of securing student records, and

11.3.4 Procedures for access and disclosure.

11.4 Record-keeping – The principal/program coordinator, director of special education
or Student Information shall, for each request for and each disclosure of personally
identifiable information from the education records of a student, maintain a record
(Procedure 505.2.9.4.1P, Log of Access to Records or Procedure 505.2.9.4.2P, Log
of Access to File) kept with the education records of the student which indicates:

11.4.1 The parties who have requested or obtained personally identifiable
information from the education records of the student;

11.4.2 The legitimate interests these parties had in requesting or obtaining the
information;

11.4.3 The date of the request, and

11.4.4 Whether the request was granted and, if it was, the date access was
permitted or the disclosure was made.

11.4.5 Section 11.4 above does not apply to disclosures 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 when the
consent is specific with respect to the party or parties to whom the
disclosure is to be made, disclosures to school officials under
section 4.2.1 above or disclosures of directory information under
section 5 above.

11.4.6 The record of disclosures may be inspected by the parent of the
student or the eligible student, and by the superintendent, the
principals/program coordinators, the director of special education
and Student Information staff who are responsible for the custody of
the records.

12. Right to Inspect and Review Education Records (Procedure 505.2.10P, Parent or
Eligible Student Request to Inspect Records and/or Obtain Copies of Educational
Records)

12.1 The district shall permit the parents of a student or an eligible student who is or has
been in attendance in the district to inspect and review all education records (as
defined in section 2.2 of this regulation) of the student (except those records which are
made confidential by state or federal law). All education records includes education
records kept by teachers, counselors and other school staff members, and education
records kept in school offices and district-level records storage. Upon receiving a
written request for data (see Procedure 505.2.10P), the district shall comply with a
request within 10 days of the date of the request, excluding Saturdays, Sundays and
legal holidays.

12.2 The right to inspect and review education records under section 12.1 includes:

12.2.1 The right to a response from the district to reasonable requests for
explanations and interpretations of the records, and

12.2.2 The right to obtain copies of the records from the district where failure of
the district to provide the copies would effectively prevent a parent or
eligible student from exercising the right to inspect and review the
education records.

12.3 The district may presume that either parent of the student has authority to inspect
and review the education records of the student unless the district has been
provided with evidence that there is a legally binding instrument, or a state law or
court order governing such matters as divorce, separation or custody, which
provides to the contrary.

12.4 Copies of records shall be reproduced at a cost of 25 cents per page for a one-sided
copy or 50 cents per page for a two-sided copy. The cost of providing copies shall be
borne by the parent or eligible student, except when to do so would impair the
ability of the parent or the eligible student to exercise their right to inspect and
review those records.

12.4.1 Copying costs shall be waived for families eligible for free or reduced-price
school meals.

12.4.2 Parents or eligible students shall request a fee waiver in writing.

13. Request to Amend Records: Procedures to Challenge Data

13.1 Request to Amend Education Records (Procedure 505.2.11P, Request to Amend
Educational 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, incomplete or violates the privacy or other rights of the student may
request that the district amend the records by completing Procedure 505.2.11P.

13.1.1 The superintendent or designee 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, not to exceed 30 days
(Procedure 505.2.11.1P, Responsible Authority’s Notice of Modification or
Denial of Amendment of Educational Records).

13.1.2 If the superintendent or designee decides to refuse to amend the education
records of the student in accordance with the request, he or she shall so
inform the parent of the student or the eligible student of the refusal and
advise the parent or the eligible student of the right to a hearing under
Section 13.2 below.

13.1.3 If the superintendent or designee decides to amend the education records,
the district shall attempt to notify past recipients of the data, including
recipients named by the requestor.

13.2 Request for Hearing (Procedure 505.2.11.2P, Request for Hearing) – The district
shall, on request, provide an opportunity for a hearing in order to challenge the
content of a student's education records to insure that information in the
education records of the student is not inaccurate, misleading, incomplete or
otherwise in violation of the privacy or other rights of students. The hearing shall
be conducted in accordance with section 13.3 below.

13.2.1 If, as a result of the hearing, the district decides that the information is
inaccurate, misleading, incomplete or otherwise in violation of the privacy
or other rights of students, it shall amend the education records of the
student accordingly and so inform the parent of the student or the eligible
student in writing and attempt to also notify past recipients of the data.

13.2.2 If, as a result of the hearing, the district decides that the information is not
inaccurate, misleading, incomplete or otherwise in violation of the privacy or
other rights of students, it shall inform the parent or eligible student of the
right to place in the education records of the student a statement commenting
upon the information in the education records and/or setting forth any reason
for disagreeing with the decision of the agency or institution.

13.2.3 Any explanation placed in the education records of the student under
section 13.2.2 shall:

13.2.3.1 Be maintained by the district as part of the education records of the
student as long as the record or contested portion thereof is
maintained by the district, and

13.2.3.2 If the education records of the student or the contested portion
thereof is disclosed by the district to any party, the explanation
shall also be disclosed to that party.

13.3 Conduct of Hearing

13.3.1 The hearing shall be held within a reasonable period of time after the district
has received the request, not to exceed 45 days, 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.

13.3.2 The hearing may be conducted by the superintendent or other designated
representative of the School Board who has no direct interest in the
outcome of the hearing. The school district’s attorney shall be in attendance
to present the district's position and to advise the superintendent or
designated representative on legal and evidentiary matters.

13.3.3 The parent of the student or eligible student shall be afforded a full and fair
opportunity at the hearing to present evidence relevant to the issues raised
under sections 13.1 and 13.2 above and may be assisted by individuals of his
or her choice at his or her own expense, including an attorney.

13.3.4 The superintendent or designated representative shall make his or her decision
in writing in 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.

13.3.5 The decision of the superintendent or designated representative shall be the
final decision of the district.

13.4 Appeal – The decision of the superintendent (responsible authority) or designated
representative may be appealed in accordance with the applicable provisions of the
State Administrative Procedures Act, Minnesota Statute, Chapter 14, relating to
contested cases.

14. Complaints for Non-compliance – Complaints regarding alleged violations of rights
accorded parents and eligible students by 20 U.S.C. section 1232 (g) shall be submitted
in writing to the Family Policy Compliance Office, U.S. Department of Education, 400
Maryland Avenue, SW, Washington, D.C. 20202 8520.

15. Waiver – A parent or eligible student may waive any of his or her rights provided herein
pursuant to 20 U.S.C. Section 1232 (g). A waiver shall not be valid unless in writing and
signed by the parent or eligible student. The school district may not require such a
waiver.

16. Annual Notification of Rights (Procedure 505.3.1P, Public Notice – Annual
Notification of Rights, Protection and Privacy of Student Records)

16.1 The district shall give parents of students in attendance or eligible students in
attendance annual notice by such means as are reasonably likely to inform them of
the following:

16.1.1 Their rights under 20 U.S.C. Section 1232 (g) and 45 Code of Federal
Regulation Part 99; the policy adopted under 45 Code of Federal Regulation
Section 99.5 and the Minnesota Data Privacy Act. The notice shall also
inform parents of students or eligible students of the location where copies
of the policy may be obtained, and

16.1.2 The right to file complaints under 45 Code of Federal Regulation Section
99.63 concerning alleged failures by the district to comply with the
requirements of 20 U.S.C. Section 1232 (g).

16.2 The district shall provide for the need to effectively notify parents of students identified
as having a primary or home language other than English.

17. Destruction and Retention of Records – The destruction and retention of records by
the district shall be controlled by state and federal law.

References:

  • Minnesota Statutes 13.01-13.90, Minnesota Government Data Practices Act
  • 20 U.S.C. § 1232g et seq., Family Educational Rights and Privacy Act (FERPA)
  • 20 U.S.C. § 6301 et seq., Elementary and Secondary Education Act
  • Administrative Regulation 505.2.4AR, Release of Directory Information
  • 34 CFR 300.624, Destruction of information
  • 26 U.S.C. 152, Dependent defined
  • 45 CFR Part 99, Procedure for hearings for the child care and development fund

Regulations/505.2AR/8-13-18