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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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