ADMINISTRATIVE REGULATION - 5125

The Board of Education believes student 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 student 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 student 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 Director of Student Services is designated as custodian of records for the District, and is the official responsible for ensuring the confidentiality of personally identifiable information of students, by providing training or instruction to all staff responsible for collecting or using student personally identifiable information (34 CFR 300.623). 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.

Applicable definitions and the types and locations of educational records collected, maintained, or used by the District are as follows (34 CFR 300.616):

Student records are any items of information (in handwriting, print, tape, film, computer, or other medium) gathered within or outside the District that are directly related to an identifiable student and maintained by the District, required to be maintained by an employee in the performance of the employee's duties, or maintained by a party acting for the District. Any information maintained for the purpose of second-party review is considered a student record. student records include the student's health record.  (Education Code 49061, 49062; 5 CCR 430; 34 CFR 99.3) 

Student records do not include: (Education Code 49061, 49062; 34 CFR 99.3)

1. Directory information

2. Informal notes compiled by a school officer or employee which remain in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a substitute employee

3. Records of a law enforcement unit of the District, subject to 34 CFR 99.8

4. Records created or received by the District after an individual is no longer a student and that are not directly related to the individual's attendance as a student

5. Grades on peer-graded papers before they are collected and recorded by a teacher

Mandatory permanent student records are those records which are maintained in perpetuity and which schools have been directed to compile by state law, regulation, or administrative directive. Mandatory permanent student records include a student’s legal name, date and place of birth, and date of high school graduation or equivalent.  (5 CCR 430)

Mandatory interim student records are those records which the schools are directed to compile and maintain for specified periods of time and are then destroyed in accordance with state law, regulation, or administrative directive. Mandatory interim student records include record access logs, health information, records related to participation in special education programs, and the results of standardized tests administered within the preceding three years.  (5 CCR 430)

Permitted student records are those records having clear importance only to the current educational process of the student. Permitted student records include standardized test results older than three years, routine discipline data, and disciplinary notices.  (5 CCR 430)

Disclosure means to permit access to, or the release, transfer, or other communication of, personally identifiable information contained in student records to any party, except the party that provided or created the record, by any means including oral, written, or electronic. (34 CFR 99.3)

Access means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record or an oral description or communication of a record, and a request to release a copy of any record. (Education Code 49061)

Personally identifiable information includes, but is not limited to: (34 CFR 99.3)

1. The student's name

2. The name of the student's parent/guardian or other family members

3. The address of the student or student's family

4. A personal identifier, such as the student's social security number, student number, or biometric record (e.g., fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting)

5. Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name

6. Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty

7. Information requested by a person who the District reasonably believes knows the identity of the student to whom the student record relates

Adult student is a person who is or was enrolled in school and who is at least 18 years of age. (5 CCR 430)

Parent/guardian means a natural parent, an adopted parent, legal guardian, surrogate parent, or foster parent. (Education Code 49061, 56050,  56055)

Legitimate educational interest is an interest held by any school official, employee, contractor, or consultant whose official duties, responsibilities, or contractual obligations to the district, whether routine or as a result of special circumstances, require access to information contained in student records.

School officials and employees are officials or employees, including teachers, whose duties and responsibilities to the District, whether routine or as a result of special circumstances, require access to student records. (34 CFR 99.31)

Contractor or consultant is anyone with a formal written agreement or contract with the District regarding the provision of services or functions outsourced by the District. Contractor or consultant shall not include a volunteer or other party. (Education Code 49076)

Custodian of records is the employee responsible for the security of student records maintained by the District and for devising procedures for assuring that access to such records is limited to authorized persons. (5 CCR 433)

County placing agency means the county social service department or county probation department. (Education Code 49061)

Locations of educational records collected, maintained, or used by the District include, but are not limited to, school site(s), District administration office(s), student information systems and databases, and other secured digital platforms.

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 email addresses of parents or students, group emails sent to parents or students shall enter the recipient's email address in the "blind copy" field of the email header.

School 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 student 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 student
2. A person designated, in writing, by such student if he is an adult, or by either parent or a guardian of such student if he is a minor
3. An officer or employee of a public, private, or parochial school where the student 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 student 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 student 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 student 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
2. 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
3. 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
4. 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.
5. 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
   2. 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 student 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 student records
Education Code 49066 Grades: finalization; physical education class
Education Code 49067 Regulations regarding student’s achievement
Education Code 49069 Absolute right to access (parents’ right of access to student records)
Education Code 51216 student proficiency; assessment; conference to further student’s progress; instruction in basic skill for student not demonstrating sufficient progress

California Code of Regulations (formerly Calif. Administrative Code), Title 5:

430-438 Individual student records
432 (1) Mandatory permanent student records
432 (2) Mandatory interim student 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)

Established: October 2003
Revised: October 22, 2024