Manila,
Utah
April
16, 2008
The
regular meeting of the Daggett Board of Education was held in Room 6 of the
district office building on April 16, 2008. President Asbill called meeting to
order at 6:00 P.M. Also attending
were members, Barber and Pallesen; Superintendent Northcott; Business
Administrator Robinson; Principal Taylor; Vice-Principal Schell and Dot Coombs.
Mrs. Barber moved to approve the
Consent Calendar, seconded by Mrs. Pallesen, motion carried unanimously. The Consent Calendar included minutes
of March 12, 2008 Board Meeting, Warrant List and Financial Statement. Mr. Asbill pointed out that state law
requires an indication of how board members voted.
Mrs. Pallesen moved to approve Policy
series #5200 through #5370 on the 3rd Reading, seconded by Mrs. Barber, motion
carried unanimously.
Mrs. Pallesen moved to approve Policy
series #5400 through #5530 with changes on the 2nd Reading, seconded
by Mrs. Barber, motion carried unanimously.
5400
ÒEducation RecordsÓ Defined
For the purposes of this policy, the term "education records" means those records, files, documents, and other materials that contain information directly related to a student and are maintained by an education agency or institution or by a person acting for such agency or institution.
The term "education records" does not include:
1) Records that contain
only information about a student after he or she is no longer a student in the
District.
2) Records made by District personnel that are kept in the sole possession of the maker and are not accessible or revealed to any one other than a temporary substitute for the maker of the record.
3) Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement.
4) Records relating to an individual who is employed by an educational agency or institution, that:
a) Are made and maintained in the normal course of business;
b) Relate exclusively to the individual in that individual's capacity as an employee; and
c) Are not available for use for any other purpose.
i) Records relating to an individual in attendance at the school who is employed as a result of his or her status as a student are education records and not excepted under paragraph (4).
5) Records on a student who is eighteen (18) years of age or older that are:
a) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
b) Made, maintained, or used only in connection with treatment of the student; and
c) Disclosed only to individuals providing the treatment.
i) For the purpose of this definition, ``treatment'' does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.
20
U.S.C. ¤ 1232g
34 C.F.R
¤ 99.3(b)
Screening Records
The Principal of each school shall maintain records of screening for special senses and communication disorders and spinal screening for each student in the school. Records shall be open for inspection by the state or local health department. Individual screening records may be transferred among schools in accordance with provisions below concerning ACCESS BY OTHER PERSONS.
20 U.S.C. ¤ 1232(g)
Immunization Records
The District shall maintain an individual immunization record during the period of attendance for each student admitted. The records shall be open for inspection at all reasonable times by representatives of local health departments or the Utah Department of Health. The District shall cooperate with other districts in transferring students' immunization records between schools. Specific approval from students, parents, or guardians is not required prior to making such record transfers.
Assessment
Transfers
The results of individual student performance on basic skills assessment instruments or other achievement tests administered by the District are confidential and may be made available only to the student, the student's parent or guardian, and to the school personnel directly involved with the student's educational program. However, overall student performance data shall be aggregated by school and District and made available to the public, with appropriate interpretations, at regularly scheduled Board meetings. The information may not contain the names or other identifying information of individual students or teachers.
Academic
Achievement Record
The District shall maintain a student academic achievement record on each student enrolled in the District. This record shall reflect courses of studies completed and shall substantiate the fulfillment of course requirements toward qualifying for high school graduation. A copy of this record shall be furnished to each student transferring to another school district.
Access to Education
Records
Access to the education records of a student who is or has been in attendance at a school in the District shall be granted to the parent of the student who is a minor or who qualifies as a dependent for tax purposes. "Parent" includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
34 C.F.R
¤ 99.3(b)
The District shall presume that a parent has authority to inspect and review the student's records unless it has been provided with evidence that there is a court order, state statute, or legally binding document that specifically revokes these rights. The custodian of records shall delete all references in educational records to the residence of the managing conservator (custodial parent) prior to their release to the possessory conservator (non-custodial parent).
34 C.F.R
¤ 99.4
Whenever a student has attained eighteen (18) years of age or is attending an institution of post-secondary education, the rights accorded to, and consent required of, parents transfer from the parents to the student.
34
C.F.R. ¤ 99.5
If material in the education record of a student includes information on another student, only the portion of the material relating to the student whose records were requested may be inspected and reviewed.
Request Procedure
Upon request of a properly qualified individual, access to a student's education record shall be granted within a reasonable period of time, not to exceed forty-five (45) days. The District shall respond to reasonable requests for explanations and interpretations of the records.
34 C.F.R
¤ 99.10
Access by Other
Persons
Personally identifiable information in education records shall not be released without the written consent of the student's parents, except to the following:
1) School officials,
including teachers, who have legitimate educational interests. An administrator
or teacher is entitled to access to a student's medical records maintained by
the District only if he or she has completed in-service training on HIV
infection.
2) Officials of other schools or school systems in which the student seeks or intends to enroll, provided that the District either:
a) Includes in its policies a statement that notifies the parent or student that it forwards education records on request of the other school to such officials; or
b) Makes a reasonable attempt to notify the parent (unless the record transfer is initiated by the parent.)
In either case, the District shall furnish a copy of the transferred records to the parent if requested, and give the parent an opportunity for a hearing to challenge the content of the record.
3) Authorized representatives of the Comptroller General of the United States, the Secretary of Education, or state and local educational authorities who require access to student or other records necessary in connection with the audit and evaluation of federal or state-supported education programs or in connection with the enforcement of or compliance with federal legal requirements that relate to such programs.
34 C.F.R. ¤¤ 99.31, 35
4) Personnel involved with a student's application for, or receipt of, financial aid.
5) State and local officials to whom such information is specifically required to be reported or disclosed by state statute.
6) Organizations conducting studies for educational agencies or for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. Such studies must be conducted so that personal identification of students and their parents will not be revealed to persons other than authorized personnel of the organizations conducting the studies. Such information must be destroyed when no longer needed for the original purposes of the studies.
7) Accrediting organizations that require the information for purposes of accreditation.
8) Parents of a student who qualifies as a dependent for tax purposes.
9) Appropriate persons who, in an emergency, must have such information in order to protect the health or safety of the student or other person.
10) Any person requesting directory information, as defined in local policy, after the District has given public notice of that definition.
34 C.F.R
¤¤ 99.31, 37
In order for personally identifiable information in education records to be released to any individual, agency, or organization other than to the student and those listed above, written consent must be obtained from the student's parent. Such consent shall specify records to be released, the reason for such release, and to whom the records are to be released. Such information may also be released in compliance with a judicial order or subpoena provided that the District makes a reasonable effort to notify the parent and student of the order or subpoena in advance of compliance.
34 C.F.R
¤ 99.31
Transfer Not
Permitted
Personal information from student education records shall be transferred to a third party only on the condition that such party will not permit any other party to have access to such information without the written consent of the student's parent.
Notice of Behavior
that may Threaten Safety
Notwithstanding any other provision of this policy, in the event a student is expelled for a period of more than ten (10) days for use or distribution of alcohol or a controlled substance, or for possession of an incendiary device or firearm, a record stating the cause of expulsion shall be created and provided only to the following persons:
1) The Principal and
Vice-Principal over students in any alternative educational setting where the
student will be educated;
2) Any teachers of the student in the alternative education placement; and
3) Counselors in any school where the student attends who may provide counseling services to the student.
If appropriate, the record shall state also any appropriate precautions to be observed in the education of the student.
The Board finds that dissemination of such information to those persons identified is necessary to provide an appropriate and safe education to the student of the District. The District shall not provide copies of such private records to any persons except those identified and the parent or legal guardian of the student without a court order.
If the student is educated pursuant to an Individual Education Program, then the record shall be considered by the Individual Education Program Team to determine an appropriate placement in the least restrictive environment consistent with safety and well-being of all students in the District.
A copy of this policy shall be made available to parents and students upon request.
Record of Access to
Student Record
Each school shall maintain a record, kept with the education record of each student, that indicates all individuals, agencies, or organizations that have requested or obtained access to a student's education records. The records shall include at least the name of the person or agency that made the request and the legitimate interest the person or agency had in the information. The record will be maintained as long as the District maintains the student's education record. The record of access shall be available only to parents, school officials responsible for custody of the records, and those state, local, and federal officials authorized to audit the operation of the system.
20
U.S.C. ¤ 1232g
The record shall not include requests for access by, or access granted to, parents of the student or officials of the District, requests accompanied by prior written consent of the parent, requests for directory information, or a party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
34 CFA ¤
99.32
Right to Amend
Records
The parent of a student whose records are covered by this policy may ask the District to amend the student's record if the parent believes it contains information that is inaccurate, misleading, or in violation of the student's right of privacy or other rights. If, after a reasonable time, the District decides not to amend the education records requested, it shall inform the parent of its decision and his right to a hearing to challenge the content of the student's education records.
If the District decides to amend the records as a result of the hearing, it shall inform the parent in writing. If, as a result of the hearing, the District decides not to amend the records, it shall inform the parent of the right to place a statement in the records commenting on the contested information and/or stating why the parent disagrees with the decision of the District. Any explanation shall be maintained with the contested part of the record as long as the record is maintained and shall be disclosed whenever the contested portion of the record is disclosed.
34 C.F.R
¤ 99.20, 21
Annual Notification
of Rights
The District shall give parents of in-attendance students or the in-attendance students themselves annual notification of their rights under the Family Educational Rights and Privacy Act of 1974 and of the places where copies of this policy may be located. The District shall effectively notify parents or eligible students who are disabled. The District shall effectively notify parents who have a primary or home language other than English. The notice must include:
1) The procedure for exercising the right to inspect and review education records.
2) The procedure for requesting amendment of records.
3) A specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.
20 U.S.C. ¤ 1232g(e)
34 C.F.R
¤ 99.7
Directory of
Information
The District may release information if it has given public notice of:
1) The types of personally
identifiable information that it has designated as directory information.
2) The right of the parent
to refuse to permit the District to designate any or all of that information
about the student as directory information.
3) The period of time
within which the parent must notify the District in writing that he or she does
not want any or all of those types of information about the student designated
as directory information.
34 C.F.R
¤ 99.37
Directory
Information
Directory information may include a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, awards received, and the most recent previous school attended by a student.
Directory information shall be released to any individual or
organization that files a written request with the Superintendent or designee.
20 U.S.C. ¤ 1232g
Fee for Copies
No fee shall be charged to search for or to retrieve the education records of a student. A fee may be charged for copies of education records that are made for the parents or students under this policy provided that the fee does not effectively prevent them from exercising their right to inspect and review those records. Hardship cases shall be dealt with on an individual basis.
20
U.S.C. ¤ 1232g
34
C.F.R¤ 99.11
Records of
Handicapped Students
The District shall permit parents to inspect and review education records collected, maintained, or used for purposes of identifying, evaluating, placing, or educating handicapped students.
34 C.F.R
¤ 300.562(a)
Access Rights
In addition to policies applicable to all student records, the following guidelines shall apply when parents request to review or inspect District records relating to the education of their handicapped child:
1) Parents may request that
a representative inspect and review the records.
34 C.F.R ¤ 300.562(b)(3)
2) The District shall
comply with a requested request without unnecessary delay and before any
meeting regarding an individual education plan (IEP) or hearing relating to the
identification, evaluation, or placement of the child.
34 C.F.R ¤ 300.562(a)
3) The District shall keep
a record of persons obtaining access to these student records (except access by
parents and authorized employees) including name, date of access, and the
purpose for which the person is authorized to use the records.
34
C.F.R. ¤ 300.563
Parental Consent
Parental consent must be obtained before personally identifiable information is used for any purpose other than meeting a requirement under the Education for All Handicapped Children Act or disclosed to anyone other than officials of agencies collecting or using this information. The District may not release information from these records without parental consent except as provided in the Family Educational Rights and Privacy Act (FERPA).
34 C.F.R
¤ 300.571
No student shall be required without parental consent to submit to psychiatric examination, testing or treatment of which the primary purpose is to reveal information concerning:
1) political affiliations;
2) mental or psychological problems;
3) sexual behavior, orientation, and/or attitudes;
4) illegal, anti-social, self-incriminating or demeaning behavior;
5) critical appraisals of close family members;
6) any legally privileged information;
7)