PUPIL RECORDS

ADMINISTRATIVE REGULATION - 5125

The governing board believes pupil records are a necessary element of describing a student’s development in school. It also recognizes that it is essential for the records to be accurate, appropriate, secure, and consistent with various legal statutes.

Therefore, it is the policy of the school district that all policies and procedures pertinent to pupil records be in accordance with state and federal laws and regulations. Such policies and procedures shall:

  1. guarantee access to authorized persons within five working days of request
  2. assure security
  3. enumerate and describe pupil records collected and maintained
  4. provide for the annual notification of right to access by parent or eligible student
  5. state that a nominal fee may be charged for copies of records
  6. specify access (disclosure) restrictions including criteria for “school official” and “legitimate educational interest”
  7. provide for an access or disclosure log
  8. provide for the correction or removal of information

The Coordinator of Student Services is designated as the custodian of the records for the District. Principals shall be responsible for implementation of policies at the building level.

The custodian of records is authorized to classify records in accordance with California Administrative Code, Title 5 regulations and district regulations. However, permanent record classification beyond the requirements of Title 5, shall be submitted to the governing board for approval.

Notification to Parent/Guardians
At the beginning of each school year, all parents/guardians shall be notified as to the categories of directory information the district plans to release and the recipients of the information. The notification shall also inform parents/guardians of their right to refuse to let the district designate any or all types of information as directory information and the period of time within which a parent/guardian must notify the district in writing that he/she does not want a certain category of information designated as directory information.

The Superintendent or Superintendent's designee shall notify parents/guardians that they may request that the district not release the name, address, and telephone number of their child to military recruiters.

Release of Directory Information
Directory information may be released at the discretion of the custodian of the records. Directory information is defined as student’s:

  1. name and address
  2. telephone number
  3. date and place of birth
  4. electronic mail address
  5. photograph
  6. major field of study
  7. participation in officially recognized activities and sports
  8. weight and height of members of athletic teams
  9. dates of attendance
  10. degrees and awards received
  11. the most previously attended public or private school.

Parents and eligible students shall be given the opportunity to deny the release of directory information. In no case, however, shall directory information be released to any official or organization, except public, non-profit entities other than employers, potential employers, media, or private trade/professional schools.

Names, addresses, and telephone numbers of high school juniors and seniors, may be released to federal, state, and local government agencies, and the military forces of the United States. Military recruiters shall not have access to a student's name, address, and telephone number if the parent/guardian has notified the district in writing that such information shall not be released.

To avoid the inadvertent release of e-mail addresses of parents or students, group e-mails sent to parents or students shall enter the recipient's email address in the "blind copy" field of the e-mail header.

School Directories Directory information compiled by parents or students at a school can only be released to recipients who can be positively identified as a student currently enrolled or parent of a student currently enrolled at that school, or a staff member currently at that school.

Confidentiality: Student Records
In accordance with the Education Code, no teacher, principal, employee, or governing board member of any public, private, or parochial school, including colleges and universities, shall permit access to any written records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:

  1. either parent or a guardian of such pupil
  2. a person designated, in writing, by such pupil if he is an adult, or by either parent or a guardian of such pupil if he is a minor
  3. an officer or employee of a public, private, or parochial school where the pupil attends, has attended, or intends to enroll
  4. a state or local law enforcement officer, including a probation officer, parole officer or administrator, or a member of a parole board, seeking information in his course of his duties
  5. the State Superintendent of public Instruction, or a member of his staff, or the county superintendent of schools of the county where the pupil attends, has attended, or intends to enroll, or a member of his staff
  6. an officer or employee of a county agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency
  7. an officer or employee of any adoption agency licensed by the Department of Social Welfare if the pupil or other member of the family is under the supervision of the agency.

Student Records from Social Media

For the purpose of gathering and maintaining records of students' social media activity, the Superintendent or designee shall: (Education Code 49073.6)

  1. Gather or maintain only information that pertains directly to school safety or student safety

  1. Provide a student with access to any information that the district obtained from his/her social media activity and an opportunity to correct or delete such information

  1. Destroy information gathered from social media and maintained in student records within one year after a student turns 18 years of age or within one year after the student is no longer enrolled in the district, whichever occurs first

  1. Notify each parent/guardian that the student's information is being gathered from social media and that any information maintained in the student's records shall be destroyed as provided in item #3 above. The notification shall also include, but is not limited to, an explanation of the process by which a student or his/her parent/guardian may access the student's records for examination of the information gathered or maintained and the process by which removal of the information may be requested or corrections to the information may be made. The notification may be provided as part of the annual parental notification required pursuant to Education Code 48980.

  1. If the district contracts with a third party to gather information on a student from social media, ensure that the contract:

  1. Prohibits the third party from using the information for purposes other than those specified in the contract or from selling or sharing the information with any person or entity other than the district, the student, or his/her parent/guardian

  1. Requires the third party to destroy the information immediately upon satisfying the terms of the contract, or when the district notifies the third party that the student has turned 18 years of age or is no longer enrolled in the district, whichever occurs first.

Legal Reference:
Education Code 48201 Expulsion and Suspension Records
Education Code 48260.5 Notice of truancy
Education Code 48431.6 Required systematic review
Education Code 48911 (d) Reference to right of access to pupil records to be included in notice of suspension
Education Code 48914 Suspension records
Education Code 48917 Expungement of expulsion records
Education Code 48918 Mandatory interim records re: expulsion
Education Code 48923(b) Expungement of expulsion records
Education Code 49060-49078 Pupil records
Education Code 49066 Grades: finalization; physical education class
Education Code 49067 Regulations regarding pupil’s achievement
Education Code 49069 Absolute right to access (parents’ right of access to student records)
Education Code 51216 Pupil proficiency; assessment; conference to further pupil’s progress; instruction in basic skill for pupil not demonstrating sufficient progress

 

California Code of Regulations (formerly Calif. Administrative Code), Title 5:
430-438 Individual pupil records
432 (1) Mandatory permanent pupil records
432 (2) Mandatory interim pupil records

Government Code:
6252-6260 Inspection of public records

Civil Code
4600.5 Joint custody
Federal Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. 1232g)
Code of Federal Regulations, Article 34
300.500 Definition of “personally identifiable“
300.501 General responsibilities of public agencies
300.502 Opportunity to examine records
300.573 Destruction of information
(No Child Left Behind 2002)

Additional Reference:
Supplement to California School Law Digest, “Student Records” by: Jay E. Grenig. Vol. IV, Nos 9, 10, 11. (September, October, and November 1976)

October 2003