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5.1 PURPOSE AND SCOPE
CHAPTER 5
CONFIDENTIALITY OF PUPIL RECORDS
Local Educational Agencies (LEA) must establish policies, procedures and rights related to
confidentiality of pupil records. Policies and procedures must be consistent with State and
federal laws and regulations, including the Family Educational Rights and Privacy Act of 1974
(FERPA). Procedures describe the required notice to parents, right to access pupil records,
record keeping procedures, retention and destruction of pupil records, and requests for
amendment of pupil records.
5.2 CUSTODIANS OF STUDENT RECORDS
The Superintendent has designated the Director of Student Services to serve as custodian of
student records, with responsibility for student records at the district level. At each school, the
principal or a certificated designee acts as custodian of student records for students enrolled.
The custodian of student records is responsible for implementing the board policy and the
administrative regulations regarding student records.
5.3 DEFINITIONS
Student record laws rest on the U.S. Constitution, legal principles, statutes, regulations, and
case law. The below definitions are offered to assist in understanding and applying applicable
law.
5.3.A Access means a personal inspection and review of a record, an accurate copy of a record
or receipt of an accurate copy of a record, an oral description or communication of a
record, and a request to release a copy of any record (Education Code Section 49061).
5.3.B Adult student means a person who is or was enrolled in school and who is at least 18
years of age (Title 5, California Code of Regulations, Section 430). Once a student
reaches the age of 18 or attends a postsecondary school, he/she alone shall exercise
rights related to his/her student records and grant consent for the release of records
(Education Code Section 49061).
5.3.C Disclosure means to permit access to, or the release, transfer, or other communication
of personally identifiable information contained in education records, to any party, by
any means including oral, written, or electronic means (Title 34, Code of Federal
Regulations, Section 99.3).
5.3.D Eligible student means a person 16 years or older or who has completed grade 10 (Title
5, California Code of Regulations, Section 430).
5.3.E A legitimate educational interest is one held by school officials or employees whose
duties and responsibilities to the district require that they have access to a student
record.
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5.3.F Parent means a natural parent, adoptive parent, or legal guardian (Education Code
Section 49061). For students with a recognized disability under the IDEA, the term
“parent” also includes: (1) a person acting in the place of a parent (such as a
grandparent or stepparent with whom a child lives); (2) a parent surrogate appointed by
applicable law (Board Policy 606.10, Appointment of Surrogate Parent for Special
Education Students); (3) a foster parent if the natural parents’ authority to make
educational decisions on the child’s behalf has been specifically limited by court order
pursuant to Title 34, Code of Federal Regulations, Section 300.20; and (4) a person
having legal custody of a child (Title 34, Code of Federal Regulations, Section 300.20
and Education Code Section 56028). If parents are divorced or legally separated, only a
parent having legal custody of the student may challenge the content of a record, offer a
written response to a record, or consent to release records to others. Either parent may
grant consent if both parents notify the district, in writing, that such an agreement has
been made (Education Code Section 49061).
5.3.G Personally identifiable information includes, but is not limited to, the student's name,
the name of the student's parent or other family member, the address of the student or
student's family, a personal identifier such as the student's social security number or
student number, a list of personal characteristics, or other information that would make
the student's identity easily traceable (Title 34, Code of Federal Regulations, Section
99.3). (Note: One type of student number the district uses is a student identification
number or S.I.D.).
5.3.H Student record means any item of information, other than directory information,
gathered within or outside the district that is directly related to an identifiable student
and maintained by the district or required to be maintained by an employee in the
performance of his/her duties. A student record may be recorded in handwriting, print,
computer media, video or audio tape, film, microfilm, microfiche, or by other means.
The student record shall include the student's health record (Education Code Section
49061 and 49062; Title 5, California Code of Regulations, Section 430; and Title 34,
Code of Federal Regulations, Section 99.3). Any information maintained for the
purpose of second party review is considered a student record (Title 5, California Code
of Regulations, Section 430).
5.3.I
5.3.J
School officials and employees are board members, instructional, supervisory,
administrative, and a company or ancillary personnel employed by or under contract
with the district such as a school district attorney, auditor, health or medical staff,
therapist, SPED service provider, or expert witness (In re: Amanda R., 1997 and
Marshfield School [Union 103], 1995).
Sole Possession - Student record does not include 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 (Education Code Section 49061 and 49062; Title 5, California Code of
Regulations, Section 430; and Title 34, Code of Federal Regulations, Section 99.3).
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5.4 NOTICE TO PARENTS
Parents must be notified, in writing, of their rights to inspect and review the school records of
their children. This must be done at the time of initial enrollment and annually thereafter.
Notice should be in their native language and include information on policies, procedures, and
rights related to record keeping including the Family Educational Rights and Privacy Act of
1974 (FERPA). The notice will contain the following specific information:
• The types of records and information contained therein.
• The position of the official responsible for the maintenance of each type of record.
• The location of the log or record required to be maintained.
• Criteria used by the district to define “school officials and employees” and in determining
“legitimate educational interest.”
• The policies of the district for reviewing records.
• The right of the parent to access pupil records.
• The procedures for challenging the content of pupil records.
• The cost, if any, charged to the parent for reproducing copies of records.
• The categories of information which the institution has designated as directory information.
• Any other rights stated in the California Education Code and the right to file a complaint
with Department of Health, Education and Welfare (FERPA).
• Notice of all locations where copies of the policies and procedures regarding the General
Education Provisions Act and confidential pupil records may be obtained.
The right to inspect and review also includes responses to reasonable requests for
explanations and interpretations of the records and the right to have a representative of the
parent inspect and review the records. (See provision regarding written parental releases.)
5.5 PARENT RIGHT TO ACCESS (EC 49060)
Parents have the right to inspect and review all education records that relate to their child with
respect to the identification, assessment, and educational placement of the child and the
provision of a free, appropriate public education, which are collected, maintained, or used by
agency.
Each agency shall permit parent’s access to records without unnecessary delay no more than
five (5) days after the request has been made either orally or in writing. This includes access to
and confidentiality of public records including LEAs educating pupils with disabilities in State
hospitals, developmental centers, and youth and adult facilities. The LEA may not charge a fee
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for retrieval of information. The agency may charge a fee for copies of records, which are
made for parents, if the fee does not prevent the parents from exercising their right to inspect
and review these records.
5.5.A Recommended Procedure
If a parent wishes to inspect school records, they complete and return “Parent Request
for Access to Pupil Records.” (Refer to sample form PS-19.) When this form is
returned, it should be time/date stamped to show when it was received by the school
office. Enter program, dates of attendance, teacher and principal on lower portion of
form. Log date received, pupil name and program name in the “Parent Access Request
Log.” Log is located where records are housed.
The request is given to a certificated staff member who interprets the records where
necessary. The certificated staff member schedules an appointment with the parent
within five days and reviews the contents of the pupil’s folder with the parent. If
photocopies are requested, copy the requested material immediately if possible. If not
possible, mail to the parent within one or two days of the request. The Request Form is
filed in pupil’s folder.
Even though records from physicians may be stamped “Confidential” or a
psychologist’s report contains sensitive or potentially upsetting information, the parent
or eligible student has full rights of access.
(EC 49061, 49063)
5.5 B Use of Student’s Legal Name and Surname
The district custodian of student records will establish and maintain procedures to
address student name changes and accommodate “also known as” (AKA) student
names. These procedures will: (a) be governed by applicable law; (b) help ensure
appropriate student record access, and in situations where a student does not use his/her
legal name; and (c) use a cross-referencing procedure permitting storage and access of
both the student's legal name and the name which the student is actually using.
5.5.C Persons with Access to Student Records
Persons, agencies, or organizations specifically granted access rights pursuant to state
law shall have access without written parental consent or judicial order. In addition,
parental consent is not required when information is shared with other persons within
educational institutions, agencies, or organizations obtaining access, as long as those
persons have a legitimate educational interest in the information (Education Code
Section 49076).
5.5.D Absolute Access
The following persons or agencies shall have absolute access to any and all student
records in accordance with state law:
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1. Natural parents, adoptive parents, or legal guardians of students younger than age 18
(Education Code Section 49069);
a. Access to student records and information shall not be denied to a parent
because he/she is not the child’s custodial parent (Family Code Section 3025);
2. Adult students age 18 or older or students under the age of 18 who attend a
postsecondary institution, in which case the student shall alone exercise rights
related to his/her student records and grant consent for the release of records
(Education Code Section 49061 and Title 34, Code of Federal Regulations, Section
99.5); and
3. Those so authorized in compliance with a court order or lawfully issued subpoena
(Education Code Section 49077).
5.5.E Access by Legitimate Educational Interest
In addition, the following persons or agencies shall have access to those particular
records that are relevant to the legitimate educational interests of the requester
(Education Code Section 49076):
1. Natural parents, adoptive parents, or legal guardians of a dependent student age 18
or older.
2. Students 16 or older or who have completed the 10th grade.
3. School officials and district employees.
4. Members of a school attendance review board (SARB), and any volunteer aide
age 18 or older who has been investigated, selected, and trained by such a board to
provide follow-up services to a referred student.
5. Officials and employees of other public schools or school systems where the
student intends or is directed to enroll, including local, county, or state
correctional facilities where educational programs leading to high school
graduation are provided.
6. Federal, state, and local officials, as needed for program audits or compliance with
law.
7. Any district attorney who is participating in or conducting a truancy mediation
program or participating in the presentation of evidence in a truancy petition.
8. A prosecuting agency for consideration against a parent(s)/guardian(s) for failure
to comply with compulsory education laws.
9. Any probation officer or district attorney for the purpose of conducting a criminal
investigation or an investigation in regards to declaring a person a ward of the
court or involving a violation of a condition of probation.
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10. Any judge or probation officer for the purpose of conducting a truancy mediation
program for a student, or for the purpose of presenting evidence in a truancy
petition pursuant to Welfare and Institutions Code Section 681.
11. Any county placing agency, for the purpose of fulfilling educational case
management responsibilities required by the juvenile court or by law pursuant to
Welfare and Institutions Code 16010 and for the purpose of assisting with the
school transfer or enrollment of a student.
12. Foster family agencies with jurisdiction over currently enrolled or former students
may access those students' records of grades and transcripts, and any IEPs
developed and maintained by the district (Education Code Section 49069.3).
A “foster family agency,” as defined in Welfare and Institutions Code Section
11400(g); and Health and Safety Code Section 1502 (a)(4), means any individual or
organization engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or other places for placement
of children for temporary or permanent care who require that level of care as an
alternative to a group home (2 CA ADC Section 60025[f]).
5.5.F Discretionary Access
The Superintendent or designee may release a student's immunization record
information to local health departments operating countywide immunization
information and reminder systems and the State Department of Health Services. The
following information may be released: the name of the student and the student's
parent(s)/guardian(s); types and dates of immunizations received by the student;
manufacturer and lot number of the immunization received; adverse reaction to the
immunization; other non-medical information necessary to establish the student's
unique identity and record; current address and telephone number of the student and
his/her parent(s)/guardian(s); the student's gender; and the student's place of birth
(Health and Safety Code 120440).
The Superintendent or designee may release information from student records to the
following (Education Code Section 49076):
1. Appropriate persons in an emergency if the health and safety of a student or other
persons are at stake.
2. Agencies or organizations in connection with a student's application for or receipt of
financial aid.
3. However, information permitting the personal identification of a student or his/her
parents/guardians for these purposes may be disclosed only as may be necessary to
determine the eligibility of the student for financial aid, to determine the amount of
financial aid, to determine the conditions which will be imposed regarding the
financial aid, or to enforce the terms or conditions of the financial aid.
4. Accrediting associations.
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5. Under the conditions specified in Education Code Section 49076, organizations
conducting studies on behalf of educational institutions or agencies for the purpose
of developing, validating, or administering predictive tests, administering student
aid programs, or improving instruction.
6. Officials and employees of private schools or school systems where the student is
enrolled or intends to enroll.
Persons, agencies or organizations not afforded access rights pursuant to state law may
be granted access only through written permission of the parent(s)/guardian(s) or adult
student, or by judicial order (Education Code Section 49075).
Only a parent(s)/guardian(s) having legal custody of the student may consent to the
release of records to others. Either parent may grant consent if both parents notify the
district, in writing, that such an agreement has been made (Education Code Section
49061).
Any person or agency granted access is prohibited from releasing information to
another person or agency without written permission from the parent(s)/guardian(s) or
adult student (Education Code Section 49076).
5.5.G Law Enforcement: Student Record Access
When authorized by law to assist law enforcement in investigations of suspected
kidnapping, the Superintendent or designee shall provide information about the identity
and location of the student as it relates to the transfer of that student's records to another
district or private school within the state. “Authorized by law,” in the previous sentence
means the law enforcement agency has provided the district with a list of officers
authorized to request this information, and the request has been confirmed in writing
before the district releases the information. The information shall be released only to
designated peace officers, federal criminal investigators, and federal law enforcement
officers whose names have been submitted in writing by their law enforcement agency
(Education Code Section 49076.5).
In the absence of a specific legal privilege (e.g., emergency or court order), school
personnel may not disclose the content of a student record to a peace officer. Oral
information based on personal observation or knowledge of a student is not subject to
these restrictions. Additionally, directory information may be disclosed to a peace
officer unless the parent has notified the district in writing that such information shall
not be released (cf. BCSD “Directory Information”).
5.5.H Peace Officer under Contract with District
A peace officer under contract with the district has same student record access rights as
a district employee (In re: Amanda R., 1997 and Marshfield School [Union 103], 1995).
Protecting the health and safety of students, staff, and community members is a
legitimate educational interest.
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5.5.I
Procedures for Access
Generally, student records shall be maintained in a central file at the school attended by
the student where other records may be found. Parent(s)/guardian(s) shall be notified in
the Guide for Parents and Students as to the location of all official student records if not
centrally located (Education Code Section 49060; and Title 5, California Code of
Regulations, Section 433).
To inspect, review, or obtain copies of student records, authorized persons shall submit
a request to the custodian of records.
Authorized persons from outside the school whose access requires consent from the
parent(s)/guardian(s) or adult student shall submit their request, together with any
required authorization, to the Superintendent or designee or the custodian of records
(Title 5, California Code of Regulations, Section 435).
Within five days following the date of request, an authorized person shall be granted
access to inspect, review, and obtain copies of student records during regular school
hours (Education Code Section 49069; and Title 5, California Code of Regulations,
Section 431).
Qualified certificated personnel shall be available to interpret records when requested
(Education Code Section 49069).
The custodian of student records shall be responsible for the security of student records
and shall assure that access is limited to authorized persons (Title 5, California Code of
Regulations, Section, 433).
The custodian of records or the Superintendent or designee shall prevent the alteration,
damage, or loss of records during inspection (Title 5, California Code of Regulations,
Section 435).
5.5.J Court Order and Subpoena
A subpoena is invalid unless all the standards for serving the subpoena as listed in the
law have been properly addressed. When the Student Services Department is served
with a subpoena or receives a copy of a subpoena involving a student or student records,
a procedural checklist will be applied to determine whether it meets the minimum legal
requirements and whether the district is obligated to respond.
The Director of Student Services will: (a) respond to all subpoenas for student records;
(b) help employees determine whether they have received a valid subpoena for personal
appearance when the subject matter involves a student or a student record; and (c) work
directly with an employee receiving a subpoena for personal appearance that requires
the production of student records.
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5.5.K Student Records Only
If a process server comes to the school/site and wants to serve a subpoena for the
production of student records, please do not accept service. Direct each process server
with a subpoena for student records only to be served on Randall Ranes, Custodian of
Student Records, Education Center, 1300 Baker Street.
5.5.L Personal Appearance Only
A subpoena for personal appearance of a district employee concerning district business
should be delivered to the employee so the instructional process is not interrupted. If
the employee to be served is involved in providing instruction, ask the process server to
return after the instructional time has been completed or make other appropriate
scheduling arrangements. Employees who are subpoenaed to testify concerning a
student are encouraged to call Randall Ranes at 14633 for a review of recommended
procedures.
5.5.M Personal Appearance and Student Records
When a subpoena directs a district employee to testify and produce records, a copy of
the subpoena should be faxed to the attention of Randall Ranes, Student Services at
14664 (fax number). Please identify a contact person (e.g., person named in subpoena,
site administrator) on the fax cover sheet for communication concerning the subpoena.
Prior to disclosing a record pursuant to a court order, the Superintendent or designee
shall, unless otherwise instructed by the order, give the parent(s)/guardian(s) or adult
student at least three days' notice of the name of the requesting agency and the specific
record requested if lawfully possible within the requirements of the judicial order (Title
5, California Code of Regulations, Section 435).
5.5.N Truancy Mediation
Upon releasing student information to a judge or probation officer for the purpose of
conducting a truancy mediation program or presenting evidence in a truancy petition,
the Superintendent or designee shall inform, or provide written notification to, the
student's parent(s)/guardian(s) within 24 hours (Education Code Section 49076).
5.5.O Release of Immunization Information
If the district is planning to release a student's immunization information to the county
health department or State Department of Health Services, the Superintendent or
designee shall inform the student's parent(s)/guardian(s) of the following (Health and
Safety Code Section 120440):
1. The type of information that will be shared.
2. The name and address of the agency with which the district will share the
information.
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3. That any shared information shall be treated as confidential and shall be used to
share only with each other and, upon request, with health care providers, child care
facilities, family child care homes, service providers for the Women, Infants, and
Children (WIC) Food Program, county welfare departments, and health care plans.
4. That the information may be used only to provide immunization service; to provide
or facilitate third-party payer payments for immunizations; to compile and
disseminate statistical information on immunization status on groups of people,
without identifying the student.
5. That the parent(s)/guardian(s) has the right to examine any immunization-related
information shared in this manner and to correct any errors.
6. That the parent(s)/guardian(s) may refuse to allow this information to be shared.
5.6 SAFEGUARDS (EC 56500)
Agencies/districts must protect the confidentiality of personally identifiable information at
collection, storage, disclosure and destruction stages.
One official at each agency must assume responsibility for ensuring the confidentiality of any
personally identifiable information. All persons collecting or using personally identifiable
information must receive training or instruction regarding the state policies and procedures as
stated in the annual program plan.
Each agency must maintain for public inspection a current list of names and positions of
those employees who have access to personally identifiable information.
5.7 RELEASE OF INFORMATION FROM PUPIL RECORDS
5.7.A Release of Directory Information
(1) Refer to Student Services Policies & Procedures
5.7.B Consent to Release Student Records
(1) Written consent must specify the records to be released, identify the party or class of
parties to whom records may be released, state the purpose(s) of the disclosure and
be signed and dated by the parent or eligible student.
(2) The recipient of the records must be notified that the transmission of information to
others without the written consent of the parent is prohibited; however, information
may be shared with other persons within the educational institution obtaining
access, as long as such persons have a legitimate interest in the information.
(3) Whenever a pupil reaches the age of 18 years or is attending an institution of postsecondary
education, the permission or consent required of, and the rights accorded
to, the parents or guardian of the pupil shall thereafter only be required of, and
accorded to, the pupil.
(EC 49061, 49073, 49076)
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5.8 LOG OF REQUESTS FOR INFORMATION
All requests of individuals or agencies with the exceptions of “other school officials” above and
parents must be recorded in a record or log of requests for information, except for directory
information recipients. The log or record must be open to the inspection by a parent and the
school officials or his designee responsible for the maintenance of pupil records and to other
school officials with legitimate educational interests in the records, and to the Comptroller
General of the United States, the Secretary of Health, Education and Welfare and
administrative head of an educational agency as defined in PL 93-380, and state educational
authorities as a means of auditing the operation of the system.
The log or record must contain the following information: the name of the requesting party and
the legitimate interest of the party. The log should be kept with the student’s educational
records.
5.8. A Recommended Procedure:
• Upon receipt of a written request for information, ascertain whether or not it falls
into the authorized categories as defined in Section above. If it does, supply the
information as explained above. If it does not, log request and mail the requester an
Authorization for Release of Information form accompanied by the form letter
(Form SE-4).
• When the Exchange of Information form is returned to you, supply information
together with transmittal letter (Appendix A-4). The law does not require logging of
requests accompanied by authorization.
(EC 49064)
5.8.B Changes to Student Records
Only a parent(s)/guardian(s) having legal custody of the student may challenge the
content of a record or offer a written response to a record (Education Code Section
49061). No additions, except routine updating, shall be made to a student's record after
permanent departure without prior consent of the parent or adult student (Title 5,
California Code of Regulations, Section 437).
5.8.C Grounds for Amendment
If parents desire to challenge the content of pupil records, they must establish that one
of four specific grounds exists and provide a written request to correct or remove the
information to the superintendent. Grounds for amendment include:
• In accurate information.
• Information is unsubstantiated personal conclusion or inference.
• Information is a conclusion or inference outside the observer’s area of competence.
• Information is not based on personal observation.
• Misleading information.
• Information in violation of the privacy or other right of the pupil. (EC 49070)
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5.8.D Hearing Procedures
• Within thirty (30) days after receipt of a written request a superintendent or
designee meets with the parent and the certificated employee who recorded the
information, if the employee is presently employed by the District.
• The superintendent may sustain or deny the allegations of the parent, either
permitting the record to stand or authorizing its removal and destruction.
• Within thirty (30) days the parent may file a written appeal to the governing board if
the parent is dissatisfied with the decision of the superintendent.
• Within thirty (30) days after receipt of such an appeal the governing board must
hold a closed hearing with the parent and with the teacher, if he or she is still
employed by the District. The Board’s decision is final. Records of the hearing are
confidential and are to be destroyed after one year unless further legal action is
pending.
• As an alternative, the superintendent and the governing board may convene a
hearing panel if the parent gives written consent to release the relevant pupil’s
records to the members of the panel.
• The hearing panel consists of the chairperson who is a school principal in a school
other than the one where the record is located, a certificated employee appointed by
the parent, and a parent, appointed by the superintendent or the governing board,
who is not acquainted with the pupil.
• The hearing panel meets in closed session to hear from the parent and the teacher
who recorded the information, if available. The panel is provided with copies of the
record in question and makes written findings of fact and a written decision.
• The findings of the panel are forwarded to the superintendent or the governing
board depending on who convened the panel.
• The proceedings of the panel may not be disclosed or discussed by panel members
except in their official capacity.
• If, as a result of the hearing, the agency does not agree with the parent, it will inform
the parent of the right to place in the child’s records a statement commenting on the
record or explaining any reason they disagree with the decision of the agency. (EC
49070, 49071)
5.9 RETENTION AND DESTRUCTION OF STUDENT RECORDS
5.9.A Mandatory Permanent Student Records
Mandatory permanent student records, or an exact copy, which shall be kept
indefinitely, include (Title 5, California Code of Regulations, Section 432):
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1. Legal name of student;
2. Date and place of birth;
3. Method of verifying birth date;
4. Gender of student;
5. Name and address of parent of minor student;
a. Address of minor student if different from the above;
b. Annual verification of parent's name and address and student's residence;
6. Entrance and departure date of each school year and for any summer session or
other extra session;
7. Subjects taken during each year, half-year, summer session, or quarter, and marks or
grades given; and
8. Verification of required immunizations or waiver.
5.9.B Mandatory Interim Student Records
Unless forwarded to another district, "mandatory interim student records," shall be
maintained subject to destruction during the third school year following the
determination that their usefulness has ceased or the student has left the district. These
records include (Education Code Section 48918; Title 5, California Code of
Regulations, Section 432, 437 and 16027):
1. A log identifying persons or agencies who request or receive information from the
student record;
2. Health information, including Child Health Development Disabilities Prevention
Program verification or waiver;
3. Information on participation in SPED programs, including required tests, case
studies, authorizations, and evidence of eligibility for admission or discharge;
4. Language training records;
5. Progress slips/notices required by Education Code Section 49066 (i.e., final grades
in any course of instruction)and 49067 (i.e., grades for each marking period or
written parent report);
6. Parental stipulations regarding access to directory information or related
stipulations;
7. Parent or adult student rejoinders or responses to challenged records and to
disciplinary action;
8. Parental authorization or denial of student participation in specific programs;
9. Results of standardized tests given within the past three years; and
10. Suspension and expulsion records. (Note: Education Code Section 49079
requires use of these records for three school years effectively making these
records “mandatory interim.”)
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5.9.C Permitted Records
"Permitted student records, may be destroyed six months after the student completes or
withdraws from the educational program, including (Title 5, California Code of
Regulations, Section 432 and 437):
1. Objective counselor/teacher ratings;
2. Routine disciplinary data;
3. Verified reports of relevant behavior patterns;
4. All disciplinary notices;
5. Standardized test results older than three years; and
6. Supplementary attendance records.
Records shall be destroyed in a way that assures they will not be available to possible
public inspection in the process of destruction (Title 5, California Code of Regulations,
Section 437).
5.10 CONFIDENTIALITY OF PUPIL RECORDS CONTAINING I.Q. INFORMATION
The following guidelines implement the California State Department of Education Directives
dated December 3, 1986, and October 15, 1987, regarding the use of I.Q. tests in the
assessment of African-American pupils for special education services.
As of September, 1986, school districts may not use intelligence tests in the assessment of
African-American pupils who have been referred for special education services. The
prohibition against using I.Q. tests for identifying or placing African-American pupils in
special education means those parents of African-American pupils shall not be asked if they
want to consent to the use of such tests. An I.Q. test may not be given to an African-American
pupil even with parental consent. There are no special education related purposes for which
I.Q. tests shall be administered.
5.10.A
I.Q. Test Protocols
When a school district receives records containing I.Q. test protocols from other
agencies, out-of-state school districts, military facilities, or independent assessors,
these records shall be forwarded to the parent. I.Q. test scores contained in the
records shall not become a part of the pupil’s current school record.
5.10.B
Pre-existing records containing I.Q. scores or references to information from
I.Q. tests must be permanently sealed
Before sealing the records of these students:
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• The parents must be notified that the records will be sealed because of a court
decision which prohibits the use of intelligence tests for African-American
students for any purpose related to special education. (Appendix A-7)
• A qualified professional (school psychologist) will identify appropriate data
contained in the student’s educational records that is an I.Q. score or information
that was obtained from or relates to an intelligence test.
• The school psychologist will seal all I.Q. related information as described below.
• The school psychologist will not use the I.Q. related information from the
educational records. The remaining information will then become part of the
student’s educational record.
5.10.C
Record Sealing Procedure
The school psychologist will place all I.Q. related information in an envelope
provided by the school district and seal the envelope. He/she will label the outside of
the envelope with the student’s name and a notation that the envelope contains sealed
educational records and may not be opened. The outside of the envelope shall also
indicate that the Director of Special Education must be consulted for information
concerning the contents of the envelope.
Sealed records must be maintained by the district for five years. The sealing process
must be completed before a student is reevaluated for special education or transfers to a
new district. A new psychoeducational report will be generated
5.10.D
Duplication of Student Records
To provide copies of any student record, the district shall charge a reasonable fee not
to exceed the actual cost of furnishing the copies. No charge shall be made for
providing up to two transcripts or up to two verifications of various records for any
former student. No charge shall be made to locate or retrieve any student record
(Education Code Section 49065). In a case where the parent’s payment of the record
copying costs would produce a hardship, the principal or designee will waive the
charge for record copies.
Copies of the student record shall be supplied to the parent at the cost of $0.15 per
page.
5.10.E
Notice of Redisclosure Prohibitions
The district employee permitting inspection of student records shall inform the party
receiving the information of the following: (1) personally identifiable information
about a student is confidential and (2) a party receiving such information has a legal
obligation to obtain parental consent before redisclosure (Title 5, California Code of
Regulations, Section 435).
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An example record log format to meet this legal requirement is provided below.
Record Access Log
Student’s name
DOB
Date of record access
Name of person granted access
Agency/Organization
Signature of the person granted access
Purpose of record access
Date(s) and time(s) of record inspection
Circumstances of inspection
Description of records inspected
Name and position of staff member receiving, requesting and /or providing access
The log itself shall be accessible only to the legal parent(s) or guardian(s), eligible
student, adult student, dependent adult student, custodian of student records, and
certain state/federal officials (Education Code Section 49064; and Title 5, California
Code of Regulations, Section 432).
5.10.F
Transfer of Student Records
If a student transfers into BCSD from any other school district or to a private school,
the Superintendent or designee shall inform the parent(s)/guardian(s) of his/her rights
regarding student records, including the right to review, challenge, and receive a copy
of student records (Education Code Section 49068; and Title 5, California Code of
Regulations, Section 438). These notices are provided in the Guide for Parents and
Students.
When a student transfers into BCSD from another school district, the Superintendent
or designee shall request that the student's previous district provide any records, either
maintained by that district in the ordinary course of business or received from a law
enforcement agency, regarding acts committed by the transferring student that
resulted in his/her suspension or expulsion (Education Code Section 48201).
When a student transfers from BCSD to another school district or to a private school,
the Superintendent or designee shall forward a copy of the student's mandatory
permanent records as requested by the other district or private school. The original
record or a copy shall be retained permanently by this district. If the transfer is to
another California public school, the student's entire mandatory interim record shall
be forwarded. If the transfer is out of state or to a private school, the mandatory
interim record may be forwarded. Permitted student records may be forwarded to any
other district or private school (Title 5, California Code of Regulations, Section 438).
When informed that a district student in foster care is transferring to another local
educational agency, the Superintendent or designee shall cooperate to ensure that the
student's health and education records are transferred to the receiving district. The
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district shall transfer the records within five working days of receiving notification
regarding the student's new educational placement (Education Code Section 49069.5).
All student records shall be updated before they are transferred (Title 5, California
Code of Regulations, Section 438).
Student records shall not be withheld from the requesting district because of any
charges or fees owed by the student or parent (Title 5, California Code of Regulations,
Section 438).
If the district is withholding grades, a diploma, or transcripts from the student because
of his/her damage or loss of school property, this information shall be sent to the
requesting district along with the student's records.
5.10.G Student Records Maintained Outside the Central File
Records for each individual student shall be maintained in a central file at the school
attended by the student, or when records are maintained in different locations a
notation shall be made in the central file as to where such other records may be found
(Title 5, California Code of Regulations, Section 433[b]). To help comply with this
requirement a “Notation to Cumulative File: Student Record Locations” form has
been created. See Appendix.
5.10.H Challenging Student Records
The custodial parent(s)/guardian(s) of any student may submit to the Superintendent
or designee (Director of Student Services) a written request to correct or remove from
his/her child's records any information concerning the child which he/she alleges to be
any of the following (Education Code Section 49070):
1. Inaccurate;
2. An unsubstantiated personal conclusion or inference;
3. A conclusion or inference outside of the observer's area of competence;
4. Not based on the personal observation of a named person with the time and place
of the observation noted;
5. Misleading; and
6. In violation of the privacy or other rights of the student.
Use PS-20, “Parental Request for Amendment of Education Records,” as a form
permitting the parent to file a request to amend. Provide a copy of the completed
form to the student services department as soon as possible. See PS-20.
When a student grade is challenged, the teacher who gave the grade shall be given an
opportunity to state orally, in writing, or both, the reasons for which the grade was
given. Insofar as practicable, he/she shall be included in all discussions related to any
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grade change. In the absence of clerical or mechanical error, fraud, bad faith, or
incompetency, the student's grade, as determined by the teacher, shall be final
(Education Code Section 49066).
The right to challenge a record becomes the sole right of the student when the student
becomes 18 or attends a postsecondary institution (Education Code Section 49061).
5.10.I
District Procedure: Response to Parent Record Challenge
Within 30 days of receiving a written request to correct or remove information from a
record, the Superintendent or designee shall meet with the parent(s)/guardian(s) and
with the employee (if still employed) who recorded the information in question. The
Superintendent shall then sustain or deny the allegations (Education Code Section
49070). If the parent(s)/guardian(s)'s allegations are sustained, the Superintendent
shall order the correction, or removal and destruction, of the information (Education
Code Section 49070).
If the Superintendent denies the parent’s record allegations, the parent(s)/guardian(s)
may, within 30 days, appeal the denial to amend to the board. Within 30 days of
receiving the written appeal, the board shall meet in closed session with the
parent(s)/guardian(s) and the employee (if still employed) who recorded the
information in question. The board shall then decide whether or not to sustain or deny
the allegations. If the board sustains any or all of the allegations, the Superintendent
shall immediately correct, or remove and destroy, the information from the student's
records (Education Code Section 49070).
The decision of the board shall be final. If the decision of the Superintendent or board
is unfavorable to the parent(s)/guardian(s), the parent(s)/guardian(s) shall have the
right to submit a written statement of objections. This statement shall become a part
of the student's record (Education Code Section 49070).
5.10.J
Withholding Student Records
Student records shall not be withheld from the requesting district because of any
charges or fees owed by the student or parent(s)/guardian(s) (Title 5, California Code
of Regulations, Section 438). If the district is withholding grades, a diploma, or
transcripts from the student because of his/her damage or loss of school property, this
information shall be sent to the requesting district along with the student's records.
5.10.K Compliance Form
When responding to school district student record requests, staple a “Compliance
Form,” as indicated below, to the up-to-date records, and send through the U.S. Mail.
If the request comes from another district in Kern County, the school mail may be
utilized.
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5.10.L
Student Transfers: No Request for Records Received
When a student moves and no request for records is received, keep the cumulative file
active for a period of four months. If a request for records is still not received four
months after the student leaves, then:
1. Establish a file for the current school year (e.g., ‘03-‘04), label the file “Destroy
After (e.g., July 1, 2007),” arrange each student cumulative record alphabetically,
and store the records on site.
2. Shred the student cumulative files during the third school year after the school
year in which the student(s) left (e.g., 2003-2004 records may be shredded after
July 1, 2007) UNLESS the school has received notice:
a. an audit requiring those records is pending.
b. an unresolved claim for damages pertaining to an accident or injury is
contained in the file.
If an audit or claim for damages is pending, the records must be kept for one year
after the claim has been settled or the audit has been completed.
5.10.M Disabled Students: Additional Provisions
Students identified as having exceptional needs under the IDEA and students with a
recognized disability under Section 504 are entitled to all rights and protections
provided by law and listed in this policy and administrative regulations.
Students with exceptional needs under the provisions of IDEA receive the following
additional rights and protections:
1. The school must respond to a parent record access request before any meeting to
consider the student’s IEP (Title 34, Code of Federal Regulations, Section
300.345[f]), even if the request is not made five days before the meeting;
2. Parents have the right to have a representative inspect and review education
records on their behalf (Title 34, Code of Federal Regulations, Section
300.562[b][3]); and
3. Whenever a disabled student is disciplined the same as a nondisabled student, the
principal or principal’s designee, before taking the disciplinary action, must be
provided with the student’s disciplinary and SPED records (Title 20, United States
Code, Section 1413[j]).
Complying with the additional provisions of IDEA as listed above is one approved
means of meeting the student record requirements under Section 504.
5.10.N
Reporting Suspected Crime: Student Receiving Special Education or Related Services
School staff may report crimes committed by students with disabilities to appropriate
authorities in the same manner as reporting for non-disabled students (Title 20, United
States Code, Section 1415[k][9][a]). Disciplinary records and SPED records of the
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student may be transmitted to the extent permitted by the Family Educational Rights
and Privacy Act (Title 20, United States Code, Section 1415[k][9][C]); and Title 34,
Code of Federal Regulations, Section 300.529).
5.10.O Use and Storage of Notices Involving Students Who Have Committed Crimes
California statutory law (WIC 827) requires that public schools receive a written
notice of all students who have been found by the court to have committed a felony or
misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying
of weapons, assault or battery, larceny, vandalism, or graffiti. These school notices
originate in the probation department. The law also requires the school principal to
give information contained in these notices to the student’s counselor (WIC 827) and
to any certificated employee instructing or supervising the student (see Education
Code Section 49079).
Applicable law requires those who receive information about a student’s criminal
history to keep the information in confidence. There are two exceptions to the
confidentiality of outside agency criminal records concerning students: (a) disclosure
to avoid danger to others, or (b) disclosure to help accomplish student rehabilitation
efforts.
Written notices about a student’s criminal history received from outside agencies are
to be stamped as “confidential” and stored as a confidential record by the principal.
These notices will continue to be kept by the school if the student is removed by the
court from public school. Notices about a student’s criminal history received from
outside agencies are not transferred to another public school until the parole or
probation officer so authorizes. Notices of a student’s criminal history may be
destroyed when the student reaches eighteen years old or graduates from high school.
References: Board Policy Student Records, 605.7; California Education Code
Section 48201, 48904, 48904.3, 49060-49078, 49061, 49063, 49066, 49070, 49071,
and 56028; Code of Civil Procedure 1985.3, 1013, and 1275-1279; Family Code
3025; Government Code 6252-6260; Health and Safety Code 120440; Welfare and
Institutions Code 681, 827 and 16010; Title 5, California Code of Regulations,
Section, 324, 430-438, 16020-16028; Title 20, United States Code, 1232g, 1232h,
1400-1485, 1413-1415; Title 29, United States Code, 794; Rehabilitation Act of 1973,
Section 504; Title 34, Code of Federal Regulations, Family Educational Rights and
Privacy, 104.1-104.39, Section 504, 300.560-300.576, 300.13 300.500, 300.501, and
300.502; Aufox v. Board of Educ., 18 IDELR 727 (Ill. App. Ct., 1992); Falvo v.
Owasso Independent School District (220 F.3d. 1200 [10 th Cir. 2000]); In re: Amanda
R., 25 IDELR 484 (SEA N.H. 1997); and Marshfield School (Union 103), 22 IDELR
198 (SEA Me. 1995)
Bakersfield City School District
(Name and address of school)
COMPLIANCE FORM
In compliance with California law and regulations, the attached student
records are being sent in response to your request. Please refer to your
district policy and/or applicable law concerning your district’s duties
and the parental rights concerning these student records.
20

BAKERSFIELD CITY SCHOOL DISTRICT
Special Education Division
714 Williams Street
BAKERSFIELD, CALIFORNIA 93305
(661) 631-5863 FAX # (661) 631-3101
AUTHORIZATION TO RECEIVE OR RELEASE PSYCHOLOGICAL/SCHOOL INFORMATION
I,
(Name of Parent/Guardian)
hereby authorize
(Address)
(School / Agency)
to release school/psychological
information of
(Name of Student)
(Date of Birth)
to
(Parent / School / Agency)
for the following purpose(s) Educational planning or placement
This authorization shall become effective immediately and shall remain valid until June 30, 20
unless otherwise canceled or modified in writing.
I understand that this information is to be released only to the above named party and may
not be further disclosed, except where specifically required or permitted by law, without
additional authorization. I acknowledge I have been given a copy of this authorization and
may withdraw this authorization at any time prior to the record release.
(Signature of Parent/Guardian)
(Date)
(Mother’s Maiden Name)
(Father’s Name)
(Address)
(Phone Number)
(WITNESS)
(Date)
References: CCR, Title 5, 432, 437, 438, 16023, 16026, & 16037 / CCC, 56
White: FAX/File Canary: Parent Pink: Spanish translation
SE-4 Rev. 3/06
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Bakersfield City School District
Education Center – 1300 Baker Street
Bakersfield, California 93305
PARENTAL REQUEST TO INSPECT AND REVIEW
STUDENT EDUCATION RECORDS
To Parent: The Bakersfield City School District uses the Guide for Parents and Students to
describe your parental rights in the area of student records. The district complies with all laws,
regulations, policies and court orders affecting this area. A copy of parent or adult student rights
and duties are available from the district upon request.
To help us better serve parents requesting to inspect and review their child’s education records,
we ask you to take a few minutes and complete this record request form. Please be aware, you
are not required to complete the form. However, we think the information on this form will
assist both you and district staff.
Date of record access request:
Student’s legal name:
Requesting parent’s name:
Description of records you wish to inspect and review:
ACKNOWLEDGEMENT (To be completed after record review).
I have inspected and reviewed all of my student’s records of interest to me at this time.
Parent Signature
Date
To be completed by Bakersfield City School District Staff.
Itemized list of records reviewed or copied:
Date(s) the record review was conducted:
Date(s) the record review was completed (if different than date the review was conducted):
Signature/Position of Staff Member
Date
PS-19
(8/99) Copy to parent and file
22

Bakersfield City School District
Education Center – 1300 Baker Street
Bakersfield, California 93305
PARENTAL REQUEST FOR AMENDMENT OF EDUCATION RECORDS
California law allows the parent of a student to request student record amendments for any of the following
alleged reasons. The information contained in the records is alleged to be: inaccurate, an unsubstantiated
personal conclusion or inference, a conclusion or inference outside of the observer’s area of competence, not
based on the personal observation of a named person with the time and place of the observation noted,
misleading, or in violation of the student’s privacy rights. Requests to amend the records must follow an
inspection and review of the student’s records and must be presented to the school district maintaining the
student record(s). California law gives the parent a right to file a written request to correct or remove any
information recorded in the written records concerning his or her child when the parent thinks one of the
above listed reasons applies (Education Code Section 49070). To file a request to amend student records,
please complete the following information.
I. Date of request:
II. Student’s legal name:
III. Requesting parent’s name:
IV. Student record(s) you believe contain the challenged information:
Please check one or more of the following reasons for your request. I believe the information is:
___ A. Inaccurate.
___ B. An unsubstantiated personal conclusion or inference.
___ C. A conclusion or inference outside of the observer's area of competence.
Not based on the personal observation of a named person with the time and place of the observation noted.
___ E. Misleading.
___ F. In violation of the privacy rights or other rights of the student.
Basis for why you believe the information is inaccurate, an unsubstantiated personal conclusion or
inference, etc.:
VII. Your proposed change(s):
ACKNOWLEDGEMENT
I completed and submitted this request to amend to the school site on the date listed below.
Parent Signature
Date
PS-20 (8/99)
Copies: Parent, School site, Student Services Department
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(Place on school letterhead.)
REQUEST FOR STUDENT RECORDS
Neither The Federal Family Rights and Privacy Act of 1974 nor California law requires a school
forwarding student records to obtain parent permission to release the records. In compliance with
California Education Code Section 49068, the Bakersfield City School District will/has informed the
parents of their right to inspect, review, and challenge the content of the records of the following
students:
Student’s First Name / Middle / Last Name
Student’s First Name / Middle / Last Name
Student’s First Name / Middle/ Last Name
Birthdate
Birthdate
Birthdate
Grade
Grade
Grade
Please send records for the above student(s) to:
Name of School
Address
Bakersfield City School District
City__________________________________________________ State
Zip
Date
Signature
Principal/Registrar
PS-23
(8/03)
24

LETTER: NOTICE OF REQUEST FOR SCHOOL RECORDS>
(Place on school letterhead.)
RE:
Dear :
As you may know, when a student is enrolled in the Bakersfield City School District (“District”), we
request the student records from the student’s previous private school or other school within California.
Neither federal nor state law requires the school forwarding student records to obtain parent permission
to release the records. The District is in the process of requesting student records from .
In compliance with California Education Code Section 49068, this letter is a notice that you may
inspect, review and challenge the content of the records maintained by the District concerning your
student.
Additional information concerning student record rights can be found in the District’s publication
entitled Guide for Parents and Students.
Sincerely,
25

BAKERSFIELD CITY SCHOOLS DISTRICT
Education Center - 1300 Baker St.
Bakersfield, Ca 93305
NOTATION TO CUMULATIVE FILE:
STUDENT RECORD LOCATIONS
Student’s Name:
SID:
DOB:
Date this form was completed/updated:
In addition to this student’s cumulative file, student records for the above-listed
student are maintained at the below locations (check those applicable/write in any
addition locations):
District’s mainframe computer (electronic files)
Emergency contact file
Counselor’s office
Education center building
On-campus SPED classroom
Off-campus (SPED office)
Regular classroom
School nurse’s office
Speech and language clinician’s office
School psychologist’s office
Community liaison’s office
Other as listed
Note: Store this notation in the student’s cumulative file.
Log is located where records are housed.
26