Student Records
Maintenance of School Student Records
The Charter School shall maintain a record for each student that shall contain information, including but not limited to the following:
1. Birth certificate;
2. Proof of residency;
3. Unique student identifier;
4. Basic identifying information;
5. Academic transcripts;
6. Immunization records;
7. Attendance records;
8. Intelligence and aptitude scores;
9. Psychological reports;
10. Achievement test results;
11. Participation in extracurricular activities;
12. Honors and awards;
13. Verified reports or information from non-educational persons;
14. Verified information of clear relevance to the student’s education;
15. Log pertaining to release of student’s record; and
16. Disciplinary information.
Information in student files shall be maintained for a period of 3 years after a student graduates or permanently leaves the School, except for those records for which longer retention is required.
Records for a special education student with disabilities who graduates or permanently withdraws from the School, including eligibility documentation, IEPs, consents, and written notices will, for at least six years, be maintained until such time or when the School has been given written consent from the parent(s) and/or adult former student to destroy the records or transfer the records to the parent(s) or to the student if the student has succeeded to the rights of the parents. Such written records of individual students are confidential and shall be shredded under supervision of the staff member responsible for the records if not released to the parent(s) and/or adult former student. The records manager should maintain a log that documents the date of destruction or release of records.
The Executive Director’s designee shall be responsible for the maintenance, retention, or destruction of a student’s records, in accordance with the School’s procedure established by the Executive Director.
The unique student identifier is a number issued and assigned by the State Department of Education to each student currently enrolled or who will be enrolled. The unique student identifier shall follow the student from each district or local educational agency (LEA) or upon return to a district or LEA after an absence no matter the length of absence.
Access to Student Records
The Charter School shall grant access to student records as follows:
1. The School or any School employee shall not release, disclose, or grant access to information found in any student record except under the conditions set forth in this policy and consistent with the provisions of State and federal law.
2. The parents of a student under 18 years of age shall be entitled to inspect and copy information in the child’s School records. Such requests shall be made in writing and directed to the records custodian. Access to the records shall be granted within 15 days of the School’s receipt of such a request.
Where the parents are divorced or separated, both shall be permitted to inspect and copy the student’s School records unless a court order indicates otherwise. The School shall send copies of the following to both parents at either one’s request, unless a court order indicates otherwise or parental rights have been terminated by court order or parental agreement:
A. Academic progress reports or records;
B. Health reports;
C. Notices of parent-teacher conferences;
D. School calendars distributed to parents/guardians; and
E. Notices about open houses and other major School events, including pupil-parent interaction.
When the student reaches 18 years of age, graduates from high school, marries, enters military service, or becomes legally emancipated all rights and privileges accorded to the parent become exclusively those of the student. The parents of dependent students, as defined by the Internal Revenue Service (i.e. student termed dependent for income tax purposes) may have access to student educational records if the parents establish, via either a copy of the applicable tax forms and/or a Parental Affidavit for Educational Records attesting to the student’s dependent status.
Access shall not be granted to the parent or the student to confidential letters and recommendations concerning the admission to a post-secondary educational institution, applications for employment, or the receipt of an honor or award, if the student has waived his or her right of access, after being advised of his or her right to obtain the names of all persons making such confidential letters or statements.
3. The School may grant access to, or release information from, student records to employees or officials of the School or the Idaho State Board of Education, provided a current, demonstrable, educational or administrative need is shown, without parental consent or notification. Access in such cases shall be limited to the satisfaction of that need.
4. For purposes of an audit or evaluation by a federal or State-supported education program, and to comply with federal requirements related to such a program. The receiving entity must be a State or educational authority or another entity allowed by the Family Educational Rights and Privacy Act (FERPA), or must be an authorized representative of such an entity. For each new audit, evaluation, or enforcement effort, the School shall enter into a written agreement when designating anyone other than its employee as its authorized representative. The School shall be responsible for using reasonable methods to ensure, to the greatest extent practicable, that the authorized representative:
A. Uses the personal information only for the authorized purpose;
B. Protects the personal information from further unauthorized disclosures or other uses; and
C. Destroys the personal information when it is no longer needed for the authorized purpose. Such destruction shall be effected by any specified time period set forth in the written agreement.
5. The School may grant access to, or release information from, student records without parental consent or notification to any person for the purpose of research, statistical reporting, or planning, provided that no student or parent can be identified from the information released, and the person to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to Charter School student records. Any such release in this regard shall be consistent with Idaho Code and Policy 3575 relating to the limitations on the release of student data.
6. The School shall grant access to, or release information from, a student’s records pursuant to a court order or appropriate subpoena. In most instances, the parent/qualified student shall be given prompt written notice of such order/subpoena, a general statement of the documents which will be released, and the proposed date of release of the documentation requested. However, there are very limited circumstances under the USA Patriot Act where schools are required to disclose information without notice to the parent or student to the Attorney General of the United States upon an ex parte order in connection with the investigation or prosecution of terrorism crimes or other such specified situations when the court order prohibits disclosure (i.e. Federal Grand Jury Subpoena or Law Enforcement Subpoena wherein such order indicates disclosure is not permitted).
7. The School shall grant access to or release information from any student record as specifically required by federal or State statute.
8. The School shall grant access to, or release information from, student records to any person possessing a written, dated consent, signed by the parent or eligible student with particularity as to whom the records may be released, the information or record to be released, and the reason for the release. One copy of the consent form will be kept in the records, and one copy shall be mailed to the parent or eligible student by the Executive Director. Whenever the School requests the consent to release certain records, the records custodian shall inform the parent or eligible student of the right to limit such consent to specific portions of information in the records.
9. The School may release student records to the Executive Director or an official with similar responsibilities in a school in which the student has enrolled or intends to enroll, upon written request from such official.
10. Prior to the release of any records or information under items 6, 7, 8, and 9 above, the School shall provide prompt written notice to the parents or eligible student of this intended action except as specified in item 6. This notification shall include a statement concerning the nature and substance of the records to be released and the right to inspect, copy, and challenge the contents.
11. The School may release student records or information in connection with an emergency, without parental consent, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. The records custodian shall make this decision taking into consideration the nature of the emergency, the seriousness of the threat to the health and safety of the student or other persons, the need for such records to meet the emergency, and whether the persons to whom such records are released are in a position to deal with the emergency. Any release that is made must be narrowly tailored considering the immediacy, magnitude, and specificity of the information concerning the emergency and the information should only be released to those persons whose knowledge of the information is necessary to provide immediate protection of the health and safety of the student or other individuals (i.e. law enforcement, public health officials, trained medical personnel). The exception is temporarily limited to the period of the emergency and does not allow for a blanket release of personally identifiable information from a student’s records. The School shall notify the parents or eligible student as soon as possible of the information released; the date of the release; the person, agency, or organization to which the release was made; and the purpose of the release and the same information shall be recorded in the student’s record log.
12. The School will comply with an ex parte order requiring it to permit the U.S. Attorney General or designee to have access to a student’s School records without notice to or consent of the student’s parent(s)/guardian(s).
13. The School may charge a fee for copying information in the student’s records. No parent or student shall be precluded from copying information because of financial hardship. See Policy 4260 for information regarding the School copy fee schedule.
14. A log of all releases of information from student records, including all instances of access granted, whether or not records were copied, shall be kept and maintained as part of such records. This log shall be maintained for the life of the student record and shall be accessible only to the parent or eligible student, records custodian, or other such person. The log of release shall include:
A. Information released or made accessible;
B. The name and signature of the records custodian;
C. The name and position of the person requesting the release or access;
D. The legitimate interests the parties had in requesting or obtaining the information;
E. The date of the release or grant of access;
F. A copy of any consent to such release; and
G. Any additional information required by State or federal law.
Directory Information
The Charter School may release certain directory information regarding students, except that parents may prohibit such a release. Directory information shall be limited to:
1. Name;
2. Address;
3. Gender;
4. Grade level;
5. Birth date and place;
6. Parents’/guardians’ names and addresses;
7. Academic awards, degrees, and honors;
8. Information in relation to School-sponsored activities, organizations, and athletics;
9. Major field of study; and
10. Period of attendance in School.
The notification to parents and students concerning School records will inform them of their right to object to the release of directory information.
Military Recruiters/Institutions of Higher Education
Pursuant to federal law, the Charter School is required to release the names, addresses, and telephone numbers of all high school students to military recruiters and institutions of higher education upon request. The notification to parents and students concerning School records will inform them of their right to object to the release of this information.
Student Record Challenges
The parents may challenge the accuracy, relevancy, or propriety of the records, except for grades, and references to expulsions or out-of-school suspensions, if the challenge is made when the student’s School records are being forwarded to another school. They have the right to request a hearing at which each party has:
1. The right to present evidence and to call witnesses;
2. The right to cross-examine witnesses;
3. The right to counsel;
4. The right to a written statement of any decision and the reasons therefore; and
5. The right to appeal an adverse decision to an administrative tribunal or official, to be established or designated by the State Board.
The parents may insert a written statement of reasonable length describing their position on disputed information. The School will include a statement in any release of the information in dispute.
Procedure History:
Promulgated on: 6/14/2021
Revised on:
Reviewed on: