Regulation Glen Ridge Board of Education
M
A. Definitions
1. "Access" means
the right to view, make notes, and/or reproduce the pupil record.
2. "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.
3. "Mandated pupil
records" means those pupil records that school districts have been
directed to compile by State statute, regulation, or authorized administrative
directive.
4. "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.
5. "Permitted pupil
records" means records that the Board of Education has authorized, by
resolution adopted at a regular public meeting, to be collected in order to
promote the educational welfare of the pupil.
6. "Pupil record"
means information related to an individual pupil gathered within or outside the
school system and maintained within the school system regardless of the
physical form in which it is maintained.
Any information that is maintained for the purpose of second party
review is considered a pupil record.
Therefore, information recorded by certified school personnel solely as
a memory aid, not for the use of a second party, is excluded from this
definition.
7. "Parent
surrogate(s)" means an individual or individuals approved by the Board in
accordance with N.J.A.C. 6A:14-2.2 to act on behalf of a pupil whose parent(s)
is not available to assure the pupil's educational rights.
8. "Pupil information
directory" means a publication of the district which includes the
following information relating to a pupil: the pupil's name, grade level, date
and place of birth, dates of attendance, major field of study, participation in
officially recognized activities, weight and height relating to athletic team
membership, degrees, awards, the most recent educational agency attended by the
pupil, and other similar information.
B. General Considerations
1. 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.
2. 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.
3. A non-adult pupil may
assert rights of access only through his or her parents. However, nothing in
Policy or Regulation 8330 shall be construed to prohibit certified school
personnel, in 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.
4. The parent or adult
pupil, including an emancipated minor, shall have access to their own records
and have access to or be specifically informed about only that portion of
another pupil's record that contains information about his or her own child or
himself or herself.
5. The Superintendent or
designee shall require all permitted pupil records of currently enrolled pupils
to be reviewed annually by certified school personnel to determine the
education relevance of the material contained therein. The reviewer shall cause
data no longer descriptive of the pupil or educational program to be deleted
from the records except that prior notice shall be given for classified pupils
in accordance with N.J.A.C. 6A:14, Special Education. Such information shall be disposed of and not
be recorded elsewhere. No record of any
such deletion shall be made.
6. 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.
7. When the parent's or
adult pupil's dominant language is not English or the parent or adult pupil is
deaf, the district shall provide interpretation of the pupil's records in the
dominant language of the parents or adult pupil.
8. Pupil health records
shall be maintained separately from other pupil records and handled, according
to the requirements of N.J.A.C. 6A:32-7.1, 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.
C. School Contact Directory
1. 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.
a. School personnel shall
provide information from the school contact directory for official use only to
judicial and law enforcement personnel, and to medical personnel who are
currently providing services to the pupil in question.
b. Upon request from a
court, other judicial agency, law enforcement agency, or medical service
provider who is currently providing services to the pupil in question, school
personnel shall promptly verify the enrollment of a pupil and provide the
requester with all the information about that pupil that is contained in the
school contact directory for official use.
2. 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.
a. The form shall explain
the purpose of the school contact directory for official use is to allow
judicial, law enforcement, and medical personnel to contact the parent when
necessary, and that the school contact directory for official use is only
accessible by school, judicial, law enforcement, and medical personnel who are
currently providing services to the pupil in question.
D. Mandated and Permitted
Pupil Records
1. Mandated pupil records
shall include the following:
a. The pupil's name,
address, telephone number, date of birth, name of parent(s), gender,
citizenship, standardized assessment and test answer sheets (protocol), grades,
attendance, classes attended, grade level completed, and year completed;
b. Record of daily
attendance;
c. Descriptions of pupil
progress according to the system of pupil evaluation used in the school
district;
d. History and status of
physical health compiled in accordance with State regulations, including
results of any physical examinations given by qualified school district
employees;
e. Records pursuant to rules
and regulations regarding the education of pupils with disabilities; and
f. All other records
required by the State Board of Education.
2. Permitted pupil records
are authorized by the Board to promote the pupil's educational welfare and
include the following as authorized by this Board upon adoption of Policy and
Regulation 8330. These records include,
but may not be limited to:
a. Personally authenticated
observations, assessments, ratings, and anecdotal reports recorded by teaching
staff members in the performance of their professional responsibilities and
intended for review by another person, provided the record is dated and signed
by the originator. Information recorded
solely as a memory aid for the originator becomes a pupil's record when it is
reviewed by any other person, including a substitute;
b. Information, scores, and
results obtained from standardized tests or by approved tests conducted by
professional personnel;
c. Educationally relevant
information provided by the parent or adult pupil regarding the pupil's
achievements or school activities;
d. Any correspondence with
the pupil and/or the pupil's parents;
e. Driver education
certificate;
f. Emergency notification
form;
g. New pupil registration
form;
h. Withdrawal or transfer
form;
i. Change of schedule form;
j. Records of disciplinary
infractions, penalties, and disciplinary hearings;
k. Records of the pupil's
co-curricular and athletic activities and achievements;
l. Class rank;
m. Awards and honors;
n. Notations of additional
records maintained in a separate file;
o. The statement from a
pupil's parent or adult pupil regarding a contested portion of the record;
p. Entries indicating review
of the file by an authorized person;
q. _______________________________________;
r. _______________________________________;
s. _______________________________________; and
t. ___________________________________________.
E. Maintenance and Security
of Pupil Records
1. The Superintendent or
designee shall be responsible for the security of pupil records maintained in
the school district. Policy and
Regulation 8330 assures that access to such records is limited to authorized
persons.
2. 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
other such records may be found is required.
3. Pupil health records
shall be maintained and located in a locked cabinet or room in the school
building or complex which 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.
4. Security blocks will be
installed for records stored in computerized systems to protect against
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.
5. Mandated pupil records
required as part of programs established through State administered entitlement
or discretionary funds from the U.S. Department of Education shall be
maintained for a period of five years after graduation, termination from the
school district, or age 23, whichever is longer, and shall be disposed of in
accordance with N.J.S.A. 47:3-15 et seq.
6. Any district internet
website shall not disclose any personally identifiable information about a
pupil, in accordance with N.J.S.A. 18A:36-35.
F. Access to Pupil Records
1. The district shall
control access to, disclosure of, and communication regarding information
contained in pupil health records to assure access only to those persons under
the conditions permitted by Federal and State statute and regulations.
2. 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.
3. 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).
G. Authorized Organizations,
Agencies, and Persons with Access to Pupil Records
Access shall include only
the following:
1. A 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;
(a) the place of residence shall not be disclosed;
and
(b) 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 listed below 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:
a. An approved private
school for the disabled;
b. A State facility;
c. Accredited nonpublic
schools in which pupils with educational disabilities have been placed
according to N.J.S.A. 18A:46-14; or
d. Clinics and agencies approved
by the Department of Education.
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.
9. 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.
10. 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.
11. Officials of the United
States Department of Education who have assigned responsibilities which
necessitate review of such records.
12. 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.
13. 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.
14. 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.
15. 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.
H. 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.
I. Rights of Appeal for
Parents and Adult Pupils
1. Pupil records are subject
to challenge by parents and adult pupils on grounds of inaccuracy, irrelevancy,
impermissive disclosure, inclusion of improper
information, or denial of access to organizations, agencies, and persons. The parent or adult pupil may seek to:
expunge inaccurate, irrelevant, or otherwise improper information from the pupil's
record; insert additional data as well as reasonable comments as to the meaning
and/or accuracy of the records; and/or request an immediate stay of disclosure
pending final determination of the challenge procedure as described in N.J.A.C.
6A:32-7.7.
2. 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:
a. A parent or adult pupil
shall notify the Superintendent in writing of the specific issues relating to
the pupil's record.
b. Within ten days of
notification, the Superintendent or designee shall notify the parent or adult
pupil of the school district's decision.
c. 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.
d. 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.
e. If appeal is made to the
Board of Education, a decision shall be rendered within 20 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.
f. 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 a part of the pupil's record with copies
made available to the parent or adult pupil.
3. Appeals relating to the
records of pupils with disabilities shall be processed in accordance with the
requirements above.
4. 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.
a. 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.
J. Retention and Disposal of
Pupil Records
1. 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.
a. 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.
2. Pupil records of
currently enrolled pupils, other than the records that must be maintained for
one hundred years as described in 6. below, may be
disposed of after the information is no longer necessary to provide educational
services to a pupil.
a. 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.
3. 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.
4. Information in pupil
records, other than the records that must be maintained for one hundred years
as described in 6. 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.
a. 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 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 State Records Committee in the New Jersey
Department of State.
5. No additions shall be
made to the record after graduation or permanent departure without the prior
written consent of the parent or adult pupil.
6. The New Jersey public school
district of last enrollment, graduation, or permanent departure of the pupil
from the school district shall keep for one hundred 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.
Issued:
Revised: 28 April 2003
Revised: 25 September 2006