Policy Glen
Ridge Board of Education
M
The Board of Education believes
that information about individual pupils must be compiled and maintained in the
interest of the pupil's educational welfare and advancement. The Board will strive to balance the pupil's
right to privacy against the district's need to collect, retain, and use
information about individual pupils and groups of pupils. The Board authorizes the establishment and
maintenance of pupil files that include only those records mandated by law,
rules of the State Board of Education, authorized administrative directive, and
those records permitted by this Board.
The Superintendent shall
prepare, present to the Board for approval, and distribute regulations that
implement this Policy and conform to applicable State and federal law and rules
of the State Board of Education.
For purposes of this Policy:
1. "Adult pupil"
means a pupil who is at least eighteen years of age, or is attending an
institution of post-secondary education, or is an emancipated minor.
2. "Parent" means the
natural or adoptive parent, the legal guardian, surrogate parent, or a person
acting in place of a parent in accordance with N.J.A.C. 6A:32-2.1. Unless parental rights have been terminated
by a court of appropriate jurisdiction, the parent retains all rights under
N.J.A.C. 6A:32. "Parent" shall
also include, for the purposes of N.J.A.C. 6A:32, the adult pupil. A foster parent may act as a parent under the
provisions of N.J.A.C. 6A:32 if the parent's authority to make educational
decisions on the pupil's behalf has been terminated by a court of appropriate
jurisdiction.
General Considerations
Pupil records shall contain
only such information as is relevant to the education of the pupil and is
objectively based on the personal observations or knowledge of certified school
personnel who originate the record. The
district shall notify parents and adult pupils annually in writing of their
rights in regard to pupil records and pupil participation in educational, occupational,
and military recruitment programs.
Copies of the applicable State and federal laws and local policies shall
be made available upon request. The
district shall make every effort to notify parents and adult pupils in their
dominant language.
Nothing in this Policy shall
be construed to prohibit certified school personnel, at their discretion, from
disclosing pupil records to non-adult pupils or to appropriate persons in
connection with an emergency, if such knowledge is necessary to protect the
health or safety of the pupil or other persons.
No liability shall be
attached to any member, officer, or employee of the Board of Education
permitting access or furnishing pupil records in accordance with Department of
Education rules.
Pupil Information Directory
A pupil information directory
is a publication of a school district that includes pupil information as
defined in N.J.A.C. 6A:32-2.1. In the
event the district publishes information included in the pupil information
directory, the Superintendent or designee will inform parents or adult pupils
of such publication, and parents or adult pupils will be afforded a ten-day
period to submit a written statement to the Superintendent prohibiting the
school district from including any and all types of information about the pupil
in any pupil information directory before allowing access to such directory to
educational, occupational, and military recruiters pursuant to N.J.S.A.
18A:36-19.1 and P.L. 107-110 sec. 9528, Armed Forces Recruiter Access to
Students and Student Recruiting Information of the No Child Left Behind Act of
2001.
School Contact Directory
The district shall compile
and maintain, but need not publish, a school contact directory for official
use, which is separate and distinct from the pupil information directory. School personnel shall provide information
from the school contact directory for official use only to judicial, law
enforcement, and medical personnel who are currently providing services to the
pupil in question. In order for a parent
or adult pupil to exclude any information from the school contact directory for
official use, the parent or adult pupil shall notify the Superintendent or
designee in writing on a form prescribed by the Commissioner of Education.
Mandated and Permitted Pupil
Records
Mandated pupil records are
those records school districts have been directed to compile by State statute,
regulations, or authorized administrative directive in accordance with N.J.A.C.
6A:32-7.3.
Permitted pupil records are
records authorized by the Board to be collected in order to promote the
educational welfare of the pupil. The
Board shall authorize the permitted records to be collected by adopting at a
regular public Board meeting, a resolution listing such permitted records or
Regulation 8330, which will list such permitted records.
Maintenance and Security of
Pupil Records
The Superintendent or
designee shall be responsible for the security of pupil records maintained in
the school district. Policy and Regulation
8330 assure that access to such records is limited to authorized persons.
Records for each individual
pupil shall be maintained in a central file at the school attended by the
pupil. When records are maintained in
different locations, a notation in the central file as to where such other
records may be found is required.
Pupil health records shall
be maintained and located in a locked cabinet or room in the school building or
complex where the pupil is assigned.
Records kept in electronic form shall be both accessible and
secure. Pupil health records shall be
maintained separately from other pupil records, until such time as graduation
or termination, whereupon the health history and immunization record shall be
removed from the pupil's health record and placed in the pupil's mandated
record. Records shall be accessible
during the hours in which the school program is in operation.
Security blocks will be
installed for records stored in any computer system to protect against any
security violations of the records stored therein. To guard against the loss of pupil records,
the district shall maintain an updated hard copy and backup versions of pupil
records.
Any district internet
website shall not disclose any personally identifiable information about a
pupil, in accordance with N.J.S.A. 18A:36-35.
Access to Pupil Records
The district shall control
access to, disclosure of, and communication regarding information contained in
pupil health records to assure access only to those authorized organizations,
agencies, and persons under the conditions permitted by federal and State
statute and regulations in accordance with N.J.A.C. 6A:32-7.5.
The district will charge a
reasonable fee for reproduction, not to exceed the schedule of costs set forth in
N.J.S.A. 47:1A-2, provided that the cost does not effectively prevent the
parents or adult pupils from exercising their rights under N.J.A.C. 6A:32-7 or
under rules and regulations regarding pupils with disabilities.
Access to and disclosure of
a pupil's health record shall meet the requirements of the Family Education
Rights and Privacy Act, 34 C.F.R. Part 99 (FERPA).
The following authorized
organizations, agencies, and persons shall have access to pupil records:
1. The pupil who has the
written permission of a parent and the parent of a pupil under the age of
eighteen whether or not the child resides with that parent except per N.J.S.A.
9:2-4; the place of residence shall not be disclosed and access shall not be
provided if denied by a court.
2. Pupils at least sixteen
years of age who are terminating their education in the district because they
will graduate secondary school at the end of the term or no longer plan to
continue their education.
3. The adult pupil and the
pupil's parent who has the written permission of such pupil, except that the
parent shall have access without consent of the pupil as long as the pupil is
financially dependent on the parent and enrolled in the public school system or
if the pupil has been declared legally incompetent by a court of appropriate
jurisdiction. The parent of the
financially dependent adult pupil may not disclose information contained in the
adult pupil's record to a second or third party without the consent of the
adult pupil.
4. Certified school district
personnel who have assigned educational responsibility for the pupil shall have
access to the general pupil record, but not to the pupil health record except
under conditions permitted in N.J.A.C. 6A:16-1.5.
5. Certified educational
personnel who have assigned educational responsibility for the pupil and who
are employed by agencies as indicated in N.J.A.C. 6A:32-7.5(e)5 shall have
access to the general pupil record, but not to the pupil health record, except
under conditions permitted in N.J.A.C. 6A:16-1.5.
6. In order to fulfill its
legal responsibility as a Board, the Board has access through the
Superintendent or designee to information contained in a pupil's record. Information shall be discussed in executive
session unless otherwise requested by the parent or adult pupil.
7. Secretarial and clerical
personnel under the direct supervision of certified school personnel shall be
permitted access to those portions of the record to the extent that is
necessary for the entry and recording of data and the conducting of routine
clerical tasks. Access shall be limited only to those pupil files which such
staff are directed to enter or record information and shall cease when the
specific assigned task is completed.
8. Accrediting organizations
in order to carry out their accrediting functions, the Commissioner of
Education and members of the New Jersey Department of Education staff who have
assigned responsibility which necessitates the review of such records.
9. Officials of other
district Boards of Education within the State of New Jersey or other
educational agencies or institutions where the pupil is placed, registered, or seeks to enroll subject to the following conditions:
a. Original mandated pupil
records school districts have been directed to compile by New Jersey statute,
regulation or authorized administrative directive shall be forwarded to the
receiving school district with written notification to the parent or adult
pupil;
b. Original permitted pupil
records which the Board has required shall be forwarded to the receiving school
district only with the written consent of the parent or adult pupil except
where a formal sending-receiving relationship exists between the school
districts;
c. All records to be
forwarded, including disciplinary records as specified in N.J.S.A.
18A:36-19(a), shall be sent to the Superintendent or designee of the school
district to which the pupil has transferred within ten school days after the
transfer has been verified by the requesting school district;
d. The Superintendent or
designee shall request all pupil records in writing from the school district of
last attendance within two weeks from the date that the pupil enrolls in the
new school district;
e. The Superintendent or
designee of the school district of last attendance shall upon request, provide
a parent(s) or an adult pupil with a copy of the records disclosed to other
educational agencies or institutions; and
f. Proper identification,
such as a certified copy of the pupil's birth certificate, shall be requested
at the time of enrollment in a new school district.
10. Officials of the United
States Department of Education who have assigned responsibilities which
necessitate review of such records.
11. Officers and employees
of a State agency who are responsible for protective and investigative services
for pupils referred to that agency, pursuant to N.J.S.A. 9:6-8.40. Wherever appropriate, the district shall ask
such State agency for its cooperation in sharing the findings of the
investigation.
12. Organizations, agencies,
and persons from outside the school if they have the written consent of the
parent or adult pupil, except that these organizations, agencies, and persons shall
not transfer pupil record information to a third party without the written
consent of the parent or adult pupil.
13. Organizations, agencies,
and individuals outside the school, other than those specified in N.J.A.C.
6A:32-7.5(e), upon the presentation of a court order.
14. Bona fide researchers
who explain in writing, in advance to the Superintendent, the nature of the
research project and the relevance of the records sought and who satisfy the
Superintendent or designee that the records are to be used under strict
conditions of anonymity and confidentiality.
Such assurance shall be received in writing by the Superintendent prior
to the release of information to the researcher.
Nothing shall be construed
to prohibit school personnel from disclosing information contained in the pupil
health record to pupils or adults in connection with an emergency, if such
knowledge is necessary to protect the immediate health or safety of the pupil
or other persons.
In providing access to pupil
records in accordance with N.J.A.C. 6A:32-7.5, individuals shall adhere to
requirements pursuant to N.J.S.A. 47:1A-10, the Open Public Records Act (OPRA)
and 34 CFR Part 99, the Family Educational Rights and Privacy Act (FERPA).
Conditions for Access to
Pupil Records
All authorized
organizations, agencies, and persons with access to pupil records shall have
access to the records of a pupil subject to the following conditions:
1. No pupil record shall be
altered or disposed of during the time period between a request to review the
record and the actual review of the record.
2. Authorized organizations,
agencies, and persons from outside the school whose access requires the consent
of parents or adult pupils shall submit their request in writing together with
any required authorization to the Superintendent or designee.
3. The Superintendent or
designee shall be present during the period of inspection to provide
interpretation of the records where necessary and to prevent their alteration,
damage, or loss. In every instance of
inspection of pupil records by persons other than parents, pupil, or
individuals who have assigned educational responsibility for the individual
pupil, an entry shall be made in the pupil's record of the names of persons
granted access, the reason access was granted, the time and circumstances of
inspection, the records studied, and the purposes for which the data will be
used.
4. Unless otherwise
judicially instructed, the district shall, prior to the disclosure of any pupil
records to organizations, agencies, or persons outside the school district
pursuant to a court order, give the parent or adult
pupil at least three days notice of the name of the requesting agency and the
specific records requested. Such notification shall be provided in writing if
practicable. Only those records related to the specific purpose of the court
order shall be disclosed.
5. A record may be withheld
from a parent of a pupil under eighteen or from an adult pupil only when the
district obtains a court order or is provided with evidence that there is a
court order revoking the right to access. Only that portion of the record
designated by the court may be withheld. When the district has or obtains
evidence of such court order, the parent or adult pupil shall be notified in writing
within five days of his or her request that access to the record has been
denied and that the person has the right to appeal this decision to the court
issuing the order.
Rights of Appeal for Parents
and Adult Pupils
Pupil records are subject to
challenge by parents and adult pupils on the grounds of inaccuracy,
irrelevancy, impermissive disclosure, inclusion of
improper information or denial of access to organizations, agencies, and
persons in accordance with N.J.A.C. 6A:32-7.7(a).
To request a change in the
record or to request a stay of disclosure pending final determination of the
challenged procedure, the process shall be as follows:
1. A parent or adult pupil
shall notify the Superintendent in writing of the specific issues relating to
the pupil's record.
2. Within ten days of
notification, the Superintendent or designee shall notify the parent or adult
pupil of the school district's decision.
3. If the school district
disagrees with the request, the Superintendent or designee shall meet with the
parent or adult pupil to revise the issues set forth in the appeal.
4. If the matter is not
satisfactorily resolved, the parent or adult pupil may appeal this decision
either to the Board of Education or the Commissioner of Education within ten
days.
5. If appeal is made to the
Board of Education, a decision shall be rendered within twenty days. The
decision of the Board may be appealed to the Commissioner pursuant to N.J.S.A.
18A:6-9 and N.J.A.C. 6A:4, Appeals.
6. At all stages of the
appeal process, the parent or adult pupil shall be afforded a full and fair
opportunity to present evidence relevant to the issue. A record of the appeal
proceedings and outcome shall be made part of the pupil's record with copies
made available to the parent or adult pupil.
Appeals relating to pupil
records for pupils with disabilities shall be processed in accordance with the
requirements of 1 through 6 above.
Regardless of the outcome of
any appeal, a parent or adult pupil shall be permitted to place a statement in
the pupil's record commenting upon the information in the pupil's record or
setting forth any reasons for disagreement with the decision of the
agency. Such statements shall be
maintained as part of the pupil's record as long as the contested portion of
the record is maintained. If the contested portion of the record is disclosed
to any party, the statement commenting upon the information shall also be
disclosed to that party.
Retention and Disposal of
Pupil Records
A pupil's record is
considered to be incomplete and not subject to the provisions of the
Destruction of Public Records Law, N.J.S.A. 47:3-15 et seq., while the pupil is
enrolled in the school district.
The school district shall
retain the pupil’s health record and the health history and immunization record
according to the School District Records Retention Schedule, as determined by
the New Jersey State Records Committee.
Pupil
records of currently enrolled pupils, other than that described in 1. below,
may be disposed of after the information is no longer necessary to provide
educational services to a pupil. Such disposition shall be accomplished only
after written parental or adult pupil notification and written parental or
adult pupil permission has been granted or after reasonable attempts of such
notification and reasonable attempts to secure parental or adult pupil
permission have been unsuccessful.
Upon graduation or permanent
departure of a pupil from the school district, the parent or adult pupil shall
be notified in writing that a copy of the entire pupil's record will be
provided to them upon request. Information in pupil records, other than that described in 1.
below, may be disposed of, but only in accordance with
the Destruction of Public Records Law, N.J.S.A. 47:3-15 et seq. Such disposition shall be accomplished only
after written parental or adult pupil notification and written parental or
pupil permission has been granted, or after reasonable attempts at such notification
and reasonable attempts to secure parental or adult pupil permission have been
unsuccessful and prior written authorization has been obtained from the New
Jersey Department of State, Records Committee.
1. In accordance with
N.J.A.C. 6A:32-7.8(e), the New Jersey public school district of last
enrollment, graduation, or permanent departure of the pupil from the school
district shall keep for 100 years a mandated record of a pupil's name, date of
birth, name of parents, gender, citizenship, address, telephone number, health
history and immunization, standardized assessment and test answer sheet
(protocol), grades, attendance, classes attended, grade level completed, year
completed, and years of attendance.
No additions shall be made
to the record after graduation or permanent departure without the prior written
consent of the parent or adult pupil.
N.J.S.A. 18A:36-19; 18A:36-19.1; 18A:40-4; 18A:40-19
N.J.A.C. 6A:32-7.1; 6A:32-7.2; 6A:32-7.3; 6A:32-7.4;
6A:32-7.5
Adopted: 25
November 2002
Revised: 28 April 2003
Revised: 25 September 2006