506 - Education Records

506 - Education Records dawn.gibson.cm… Tue, 04/06/2021 - 09:57

506.01 - Education Records Access

506.01 - Education Records Access

The board recognizes the importance of maintaining education records and preserving their confidentiality, as provided by law.  Education records are kept confidential at collection, storage, disclosure and destruction stages.  The board secretary is the custodian of education records.  Education records may be maintained in the central administration office or administrative office of the student's attendance center. 

Definitions

For the purposes of this policy, the defined words have the following meaning:

• “Education Record” means those records that contain information directly related to a student and which are maintained by an education agency or institution or by a party acting for the agency or institution.

• “Eligible Student” means a student who has reached eighteen years or attends a postsecondary institution.  Parents/guardians of an eligible student are provided access to education records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code.  In that case, the parents/guardians may be provided access without the written permission of the student.

An education record may contain information on more than one student.  Parents/guardians will have the right to access the information relating to their student or to be informed of the information.  Eligible students will also have the right to access the information relating to themselves, or be informed of the information.

Parents/guardians, eligible students, and other individuals authorized in accordance with law will have access to the student's education records during the regular business hours of the school district.  Parents/guardians and eligible students will have a right to access the student's education records upon request without unnecessary delay and in no instance more than forty-five calendar days after the request is made.  Parents/guardians, other than parents/guardians of an eligible student, may be denied access to a student's education records if the school district has a court order stating such or when the district has been advised under the appropriate laws that the parents/guardians may not access the education records.  Parents/guardians, an eligible student or an authorized representative of the parents/guardians will have the right to access the student's education records prior to an Individualized Education Program (IEP) meeting or hearing.

Copies of education records will be provided if failure to do so would effectively prevent the parents/guardians or student from exercising the right to access the education records.  Fees for copies of the records are waived if it would prevent the parents/guardians or eligible student from accessing the records.  A fee may not be charged to search or retrieve information from education records. 

Upon the request of parents/guardians or an eligible student, the school district will provide an explanation and interpretation of the education records and a list of the types and locations of education records collected, maintained or used by the school district.

If the parents/guardians or an eligible student believes the information in the education records is inaccurate, misleading or violates the privacy of the student, the parents/guardians or an eligible student may request that the school district amend the education records. 

Education records may be disclosed in limited circumstances without parental/guardian or eligible student's written permission.  This disclosure is made on the condition that the education record will not be disclosed to a third party without the written permission of the parents/guardians or the eligible student.  This disclosure may be:

  • to school officials within the school district and AEA personnel whom the superintendent has determined to have a legitimate educational interest, including, but not limited to, board members, employees, school attorney, auditor, health professionals, and individuals serving on official school committees;
  • to officials of another school district in which the student wishes to enroll, provided the other school district notifies the parents/guardians the education records are being sent and the parents/guardians have an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to new school districts;
  • to the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local educational authorities;
  • in connection with a student’s application for, or receipt of, financial aid;
  • to organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents/guardians by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it was conducted;
  • to accrediting organizations;
  • to parents/guardians of a dependent student as defined in the Internal Revenue Code;
  • to comply with a court order or judicially issued subpoena;
  • consistent with an interagency agreement between the school district and juvenile justice agencies
  • in connection with a health or safety emergency;
  • as directory information; or
  • in additional instances as provided by law.

The superintendent will keep a list of the individuals and their positions who are authorized to view a special education student's education records without the permission of the parents/guardians or the eligible student.  Individuals not listed are not allowed access without parental/guardian or an eligible student's written permission.  This list must be current and available for public inspection and updated as changes occur.

The superintendent will also keep a list of individuals, agencies and organizations which have requested or obtained access to a student's education records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records.  The superintendent, however, does not need to keep a list of the parents/guardians, authorized educational employees, officers and agencies of the school district who have accessed the student’s education records.  This list for an education record may be accessed by the parents/guardians, the eligible student and the custodian of education records. 

Permanent education records, including a student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.  Permanent education records will be kept in a fire-safe vault or they may be maintained electronically with a secure backup file.

When personally identifiable information, other than permanent education records, is no longer needed to provide educational services to a special education student, the parents/guardians or eligible student are notified.  This notice is normally given after a student graduates or otherwise leaves the school district.  If the parents/guardians or eligible student request that the personally identifiable information be destroyed, the school district will destroy the records/guardians, except for permanent records.  Prior to the destruction of the records, the school district must inform the parents/guardians or eligible student the records may be needed by the parents/guardians or eligible student for social security benefits or other purposes.  For purposes of policy, “no longer needed to provide educational services” means that a record is no longer relevant to the provision of instruction, support, or related services and it is no longer needed for accountability and audit purposes. At a minimum, a record needed for accountability and audit purposes must be retained for five years after completion of the activity for which funds were used.

The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system.  The school district will enter into an interagency agreement with the juvenile justice agency(cies) involved.

The purpose of the agreement is to allow for the sharing of information prior to a student's adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

The school district may share any information with the agencies contained in a student's permanent record, which is directly related to the juvenile justice system's ability to effectively serve the student.  Prior to adjudication information contained in the permanent record may be disclosed by the school district to the parties without parental/guardian consent or court order.  Information contained in a student's permanent record may be disclosed by the school district to the agencies after adjudication only with parental/guardian consent or a court order.  Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student's family or coordinating the delivery of programs and services to the student or student's family. 

Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian.

Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law.  The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.

Agencies will contact the principal of the attendance center where the student is currently or was enrolled.  The principal will then forward copies of the records within a reasonable time following receipt of the request.

The school district will provide training or instruction to employees about parents'/guardians' and eligible students' rights under this policy.  Employees will also be informed about the procedures for carrying out this policy.  It is the responsibility of the superintendent to annually notify parents/guardians and eligible students that they have the right to:

  1. Inspect and review the student's education records;
  2. Seek amendment of the student’s education records that the parent/guardian or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
  3. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the law authorizes disclosure without consent; and
  4. File a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the law.

The notice is given in a parents'/guardians/ or eligible student's native language.  Should the school district collect personal information from students for the purposes of marketing or selling that information, the school district will annually notify parents/guardians of such activity.

The notice will include a statement that the parents/guardians have a right to file a complaint alleging the school district failed to comply with this policy.  Complaints are forwarded to Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, Washington, DC. 20202-8520.

 

 

Legal Reference:          20 U.S.C. § 1232g, 1415 (2004).
  
                                    34 C.F.R. Pt. 99, 300.610 et seq. (2004).
  
                                    Iowa Code §§ 22; 279.9B, 280.24,.25, 622.10 (2007).
  
                                    281 I.A.C. 12.3(6); 41.610 et seq.
  
                                    1980 Op. Att'y Gen. 720, 825.

Cross Reference:          501      Student Attendance
  
                                    505      Student Scholastic Achievement
  
                                    506      Student Records
  
                                    507      Student Health and Well-Being
  
                                    603.3   Special Education
  
                                    708      Care, Maintenance and Disposal of School District Records
                         
            901.1   Public Examination of School District Records

Approved:  11/01/2004

Reviewed:  

Revised:  12/15/2008, 04/21/2014, 07/17/2017, 07/15/2024

 

 

dawn.gibson.cm… Tue, 04/06/2021 - 09:57

506.01E1 - Request of Nonparent for Examination or Copies of Education Records

506.01E1 - Request of Nonparent for Examination or Copies of Education Records

The undersigned hereby requests permission to examine the Independence Community School District's official education records of:

 

 

 

 

(Legal Name of Student)

 

 

(Date of Birth)

 

 

 

 

 

 

 

 

The undersigned requests copies of the following official education records of the above student:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The undersigned certifies that they are (check one):

 

(a)

An official of another school system in which the student intends to enroll.

(  )

(b)

An authorized representative of the Comptroller General of the United States.

(  )

(c)

An authorized representative of the Secretary of
the U.S. Department of Education or U.S. Attorney General

(  )

(d)

A state or local official to whom such is specifically allowed to be reported or disclosed.

(  )

(e)

A person connected with the student's application for, or receipt of, financial aid (SPECIFY DETAILS: ________________________________________.)

(  )

(f)

Otherwise authorized by law. (SPECIFY DETAILS: ___________________.)

(  )

(g)

A representative of a juvenile justice agency with which the school district has an interagency agreement.

(  )

 

 

 

 

 

 

 

The undersigned agrees that the information obtained will only be redisclosed consistent with state or federal law without the written permission of the parents/guardians of the student, or the student if the student is of majority age.

 

 

 

 

 

 

 

 

 

 

 

 

 

(Signature)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Title)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Agency)

 

 

 

 

 

 

 

 

 

 

APPROVED:                                                                                    Date:  ____________________________________________

                                                                                                                           Address:  ____________________________________

Signature:  ___________________________________    City:  _______________________________________

Title:  _______________________________________     State:  _______________  ZIP:  __________________

Dated:  ______________________________________     Phone Number:  ______________________________

 

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:02

506.01E2 - Authorization for Release of Education Records

506.01E2 - Authorization for Release of Education Records

The undersigned hereby authorizes Independence Community School District to release copies of the following official education records:

____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________

concerning  ____________________________________________________________     ____________________________________________
                              (Full Legal Name of Student)                                                                                (Date of Birth)

_____________________________________________________________________     from 20_____ to 20_____
                              (Name of Last School Attended)                                                                       (Year(s) of Attendance)

The reason for this request is:  ___________________________________________________________________________________________
____________________________________________________________________________________________________________________

My relationship to the child is:  ___________________________________________________________________________________________

Copies of the records to be released are to be furnished to:

                 ( ) the undersigned
                 ( ) the student
                 ( ) other (please specify)  ________________________________________________________________

 

_______________________________________________________________
(Signature)

Date:  __________________________________________________________

Address:  _______________________________________________________

City:  __________________________________________________________

State:  ________________________________  ZIP  ____________________

Phone Number:  _________________________________________________

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:13

506.01E3 - Request for Hearing on Correction of Education Records

506.01E3 - Request for Hearing on Correction of Education Records

To:  _________________________________________________________  Address:  _______________________________________________
               Board Secretary (Custodian)

I believe certain official education records of my child,____________________________ , (full legal name of student),
_______________________________________ (school name), are inaccurate, misleading or  in violation of privacy rights of my child.

The official education records which I believe are inaccurate, misleading or in violation of the privacy or other rights of my child are:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________

 

The reason I believe such records are inaccurate, misleading or in violation of the privacy or other rights of my child is:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________

 

My relationship to the child is:  _______________________________________________

I understand that I will be notified in writing of the time and place of the hearing; that I will be notified in writing of the decision; and I have the right to appeal the decision by so notifying the hearing officer in writing within ten days after my receipt of the decision or a right to place a statement in my child's record stating I disagree with the decision and why.

____________________________________________________________
(Signature)

Date:  _______________________________________________________

Address:  ____________________________________________________

City:  _______________________________________________________

State:  ______________________________  ZIP  ___________________

Phone Number:  ______________________________________________

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:19

506.01E4 - Request for Examination of Education Records

506.01E4 - Request for Examination of Education Records

To:  ___________________________________________________  Address:  _________________________________________
               Board Secretary (Custodian)

The undersigned desires to examine the following official education records.

________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________

of _______________________________________________, ______________________________  _______________________________
            (Full Legal Name of Student)                                                                (Date of Birth)                                          (Grade)

________________________________________________________________________________________________________________
(Name of School)

My relationship to the student is:  _____________________________________________________________________________________

(check one)

                   ______  I do

                   ______  I do not

desire a copy of such records.  I understand that a reasonable charge may be made for the copies.

 

                                                                                             __________________________________________________________________
                                                                                                                  (Parent's/Guardian's Signature)

 

APPROVED:                                                                                   Date:  __________________________________________

                                                                                                                  Address:  __________________________________________________________

Signature:  __________________________________  City:  ____________________________________________________________

Title:  _______________________________________  State:  _______________________________  ZIP  _________________________

Dated:  _____________________________________   Phone Number  _____________________________________________________

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:24

506.01E5 - Notification of Transfer of Education Records

506.01E5 - Notification of Transfer of Education Records

To:  __________________________________________________     Date:  _____________________________________
              Parent or Guardian

Street Address:  _____________________________________________________________________________________

City/State:  _______________________________________________________________  ZIP  _____________________

Please be notified that copies of the Independence Community School District's official education records concerning
                                       , (full legal name of student) have been transferred to:

____________________________________________________________     ____________________________________
School District Name                                                                                                            Address

upon the written statement that the student intends to enroll in said school system.

If you desire a copy of such records furnished, please check here            and return this form to the undersigned.  A reasonable charge will be made for the copies.

If you believe such records transferred are inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, you have the right to a hearing to challenge the contents of such records.

 

______________________________________________________
(Name)

______________________________________________________
(Title)

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:30

506.01E6 - Letter to Parent Regarding Receipt of a Subpoena

506.01E6 - Letter to Parent Regarding Receipt of a Subpoena

Date

 

Dear     (Parent/Guardian)    :

This letter is to notify you that the Independence Community School District has received a      (subpoena or court order)     requesting copies of your child's education records.  The specific records requested are                                                     .

The school district has until   (date on subpoena or court order) to deliver the documents to   (requesting party on subpoena or court order).  If you have any questions, please do not hesitate to contact me at   (phone #)    .

 

Sincerely,

 

 

(Principal or Superintendent)

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:34

506.01E7 - Juvenile Justice Agency Information Sharing Agreement

506.01E7 - Juvenile Justice Agency Information Sharing Agreement

Statement of Purpose:  The purpose of this Agreement is to allow for the sharing of information among the School District and the Agencies prior to a student's adjudication in order to promote and collaborate to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

Identification of Agencies:  This agreement is between the Independence Community School District (hereinafter "School District") and   (agencies listed) (hereinafter "Agencies")   .

Statutory Authority:  This agreement implements Iowa Code § 280.25 and is consistent with 34 C.F.R. 99.38 (2003).

Parameters of Information Exchange:

        1.       The School District may share any information with the Agencies contained in a student's permanent record which is directly related to the juvenile justice system's ability to effectively serve the student.

        2.       Prior to adjudication information contained in the permanent record may be disclosed by the school district to the Agencies without parental/guardian consent or court order.

        3.       Information contained in a student's permanent record may be disclosed by the School District to the Agencies after adjudication only with parental/guardian consent or a court order.

        4.       Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student's family or coordinating the delivery of programs and services to the student or student's family.

        5.       Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian.

       6.        Information obtained by the school from other juvenile justice agencies may not be used as the basis for disciplinary action of the student.

        7.       This agreement only governs a school district's ability to share information and the purposes for which that information can be used.  Other agencies are bound by their own respective confidentiality policies.

Records' Transmission:  The individual requesting the information should contact the principal of the building in which the student is currently enrolled or was enrolled.  The principal will forward the records within a reasonable time following receipt of the request.

Confidentiality:  Confidential information shared between the Agencies and the school district will remain confidential and will not be shared with any other person, unless otherwise provided by law.  Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student's parent/guardian.  Agencies or individuals violating the terms of this agreement subject their entity represented and themselves personally to legal action pursuant to federal and state law. 

Amendments:  This agreement constitutes the entire agreement among the agencies with respect to information sharing.  Agencies may be added to this agreement at the discretion of the school district.

Term:  This agreement is effective from   (September 1, 20   or other date).

Termination:  The School District may discontinue information sharing with an Agency if the School District determines that the Agency has violated the intent or letter of this Agreement.

 

APPROVED:

Signature:

 

Address:

 

 

Title:

 

City:

 

 

Agency:

 

State:

 

ZIP

 

Dated:

 

Phone Number:

 

 

 

 

 

 

 

Signature:

 

Address:

 

 

Title:

 

City:

 

 

Agency:

 

State:

 

ZIP

 

Dated:

 

Phone Number:

 

 

 

 

 

 

 

Signature:

 

Address:

 

 

Title:

 

City:

 

 

Agency:

 

State:

 

ZIP

 

Dated:

 

Phone Number:

 

 

 

 

 

 

 

Signature:

 

Address:

 

 

Title:

 

City:

 

 

Agency:

 

State:

 

ZIP

 

Dated:

 

Phone Number:

 

 

                         

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:36

506.01E8 - Annual Notice

506.01E8 - Annual Notice

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students over 18 years of age ("eligible students") certain rights with respect to the student's education records.  They are:

(1)     The right to inspect and review the student's education records within 45 days of the day the district receives a request for access.

Parents/guardians or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect.  The principal or appropriate school official will make arrangements for access and notify the parent/guardian or eligible student of the time and place where the records may be inspected.

(2)     The right to request the amendment of the student's education records that the parent/guardian or eligible student believes are inaccurate or misleading or in violation of the student's privacy rights under FERPA.

Parents/guardians or eligible students who wish to ask the school district to amend a record should write the school principal, clearly identify the part of the record they want changed, and specify why it should be changed.

If the district decides not to amend the record as requested by the parent/guardian or eligible student, the district will notify the parent/guardian or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing.

(3)     The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.

One exception, which permits disclosure without consent is disclosure to school officials with legitimate educational interests.  A school official is a person employed by the district as an administrator, supervisor, instructor, support staff member (including health or medical staff and law enforcement unit personnel), or a person serving on the school board.  A school official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of personally identifiable information from education records, such as an attorney, auditor, medical consultant, or therapist; a parent/guardian or student serving on an official committee, such as a disciplinary or grievance committee or student assistance team, or assisting another school official in performing his or her tasks.

                     A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.  (Note:  FERPA requires a school district to make a reasonable attempt to notify the parent/guardian or eligible student of the records request unless it states in its annual notification that it intends to forward records on request.)

(4)    The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA.  The name and address of the office that administers FERPA is:

Family Policy Compliance Office, U.S. Department of Education,
400 Maryland Ave., SW, Washington, DC, 20202-4605.

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:39

506.01R1 - Use of Education Records Regulation

506.01R1 - Use of Education Records Regulation

Parents/guardians and eligible students will have a right to access a student's education records upon request without unnecessary delay and in no instance more than forty-five calendar days after the request is made. The intent of this regulation is to establish procedures for granting requests from eligible students and parents/guardians to access a student’s education records.

Education records mean those records that contain information directly related to a student and which are maintained by an education agency or institution or by a party acting for the agency or institution. These may include, but are not necessarily limited to: dates of attendance; academic work completed; level of achievement (grades, standardized test scores); attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; and verified reports of serious or recurrent behavior patterns.

A.  Access to Records

1.      Parents/guardians, eligible students, and other individuals authorized in accordance with law will have access to the student's education records during the regular business hours of the school district. Parents/guardians and eligible students will have a right to access the student's education records upon request without unnecessary delay and in no instance more than forty-five calendar days after the request is made. An eligible student or parent/guardian, upon written request to the board secretary, shall receive an explanation and interpretation of the education records. A student, eighteen years or older, has the right to determine who, outside the school system, has access to the records.  Parents/guardians of students who are 18 years or older but still dependents for income tax purposes may access the student's records without prior permission of the student.

2.      School officials having access to student education records are defined as having a legitimate educational interest. A school official is a person employed by the school district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the school district has contracted to perform a special task (such as an attorney, auditor, AEA employee, medical consultant, or therapist); or a parent/guardian or student serving on an official committee, such as disciplinary or grievance committee or student assistance team, or assisting another school official in performing his or her tasks. 

B.  Release of Information Outside the School – Information from education records may be disclosed to outside parties as outlined in board policy and otherwise provided by law.

C.  Procedures for Requesting a Record Amendment

1.        If the eligible student, parent, or legal guardian believe the information in the education records is inaccurate, misleading, or violates the privacy of the student, the parents/guardians or an eligible student may request that the school district amend the student’s education records. 

        2.       The school district will decide whether to amend the student’s education records within a reasonable time after receipt of the request.

        3.       If the school district determines an amendment is made to the student’s education record, the school district will make the amendment and inform the parents/guardians or the eligible student of the decision in writing.

        4.       If the school district determines that amendment of the student's education record is not appropriate, it will inform the parents/guardians or the eligible student of their right to a hearing before the hearing officer provided by the school district. The hearing officer may be an employee of the school district, so long as the employee does not have a direct interest in the outcome of the hearing.

        5.       Upon parental/guardian request, the school district will hold a hearing regarding the content of a student’s education records which the parent/guardian believes to be inaccurate, misleading, or in violation of the privacy rights of students.

        6.       The hearing will be held within a reasonable time after receipt of the parent/guardian or eligible student’s request. The parent/guardian or eligible student will receive reasonable advance notice of date, time, and place of the hearing.

        7.       The parents/guardians or eligible student will be given a full and fair opportunity to present evidence relevant to the issues. The parent/guardian or eligible student may be represented by an individual at their choice at their own expense.

        8.       The hearing officer will render a written decision within a reasonable period after the hearing.  The decision will be based upon evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.

        9.       The parents/guardians may appeal the hearing officer’s decision to the superintendent within five days if the superintendent does not have a direct interest in the outcome of the hearing.

        10.     The parents/guardians may appeal the superintendent’s decision or the hearing officer’s decision if the superintendent was unable to hear the appeal, to the board within five days.  It is within the discretion of the board to hear the appeal.

        11.     If the parents'/guardians/ and the eligible student's request to amend the student’s education record is further denied following the hearing, the parents/guardians or the eligible student are informed that they have a right to place an explanatory letter in the student’s education record commenting on the school district's decision or setting forth the reasoning for disagreeing with the school district. Additions to the student's education records will become a part of the student’s education record and be maintained like other student education records. If the school district discloses the student’s education records, the explanation by the parents/guardians will also be disclosed or the eligible student of the decision in writing.

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:40

506.02 - Student Directory Information

506.02 - Student Directory Information

Directory information is information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. The district may disclose "directory information" to third parties without consent if it has given public notice of the types of information which it has designated as "directory information," the parent's/guardian's or eligible student's right to restrict the disclosure of such information, and the period of time within which a parent/guardian or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as "directory information.". The district has designated the following as “directory information”:

  • Student’s name
  • Grade level
  • Degrees, honors, and awards received
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Photograph

Student is defined as an enrolled individual, PK-12 including children in school district sponsored child-care programs.

Prior to developing a student directory or to giving general information to the public, parents/guardians (including parents/guardians of students open enrolled out of the school district and parents/guardians of children home schooled in the school district) will be given notice annually of the intent to develop a directory or to give out general information and have the opportunity to deny the inclusion of their child's information in the directory or in the general information about the students.

It is the responsibility of the superintendent to provide notice and to determine the method of notice that will inform parents/guardians.

 

 

Legal Reference:  20 U.S.C. § 1232g
  
                                    34 C.F.R. § 99
  
                                    Iowa Code § 22; 622.10
  
                                    281 I.A.C. 12.3(4); 41
  
                                    1980 Op. Att'y Gen. 720.

Cross Reference:  504      Student Activities
  
                                    506      Student Records
  
                                    901.1   Public Examination of School District Records
  
                                    902.6   Live Broadcast or Videotaping

 

Approved:  11/01/2004

Reviewed:  01/19/2009, 04/15/2019

Revised:  04/21/2014, 07/17/2017, 07/15/2024

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:41

506.02E1 - Authorization for Releasing Student Directory Information

506.02E1 - Authorization for Releasing Student Directory Information

The Independence Community School District has adopted a policy designed to assure parents/guardians and students the full implementation, protection and enjoyment of their rights under the Family Educational Rights and Privacy Act of 1974 (FERPA).  A copy of the school district’s policy is available for review online and at the school district administration office.

This law requires the school district to designate as “directory information” any personally identifiable information taken from a student’s educational records prior to making such information available to the public.

The school district has designated the following information as directory information:

  • Student’s name
  • Grade level
  • Degrees, honors, and awards received
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Photograph

You have the right to refuse the designation of any or all of the categories of personally identifiable information as directory information with respect to your student provided that you notify the school district in writing not later than September 30th of this school year.  If you desire to make such a refusal, please complete and return the slip attached to this notice.

If you have no objection to the use of student information, you do not need to take any action.

 

 

 

RETURN THIS FORM

 

Independence Community School District Parental/Guardian Directions to Withhold Student/Directory

 

Information for Education Purposes, for 20____ - 20 ____ school year.

Student Name:

 

 

 

Date of Birth:

 

School:

 

 

 

Grade:

 

 

 

 

 

 

 

(Signature of Parent/Legal Guardian/Custodian of Child)

 

(Date)

 

 

 

 

 

 

This form must be returned to your child's school no later than September 30th of each school year.

Additional forms are available at your child's school.

                         

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:43

506.02R1 - Use of Directory Information

506.02R1 - Use of Directory Information

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Independence Community School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records.  However, Independence Community School District may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures.  The primary purpose of directory information is to allow the Independence Community School District to include this type of information from your child’s education records in certain school publications.  Examples include:

  • A playbill, showing your student’s role in a drama production;
  • The annual yearbook;
  • Honor roll or other recognition lists;
  • Graduation programs; and,
  • Sports activity sheets, such as for wrestling, showing weight and height of team members.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s/guardian's prior written consent.  Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.  In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents/guardians have advised the LEA that they do not want their student’s information disclosed without their prior written consent.  1   

If you do not want the Independence Community School District to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by September 30th of each school year.  Independence Community School District has designated the following information as directory information: 

  • Student’s name
  • Grade level
  • Degrees, honors, and awards received
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Photograph

 

1 These laws are: Section 9528 of the Elementary and Secondary Education Act (20 U.S.C. § 7908) and 10 U.S.C. § 503(c).

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:47

506.03 - Student Photographs

506.03 - Student Photographs

The board will permit student "portrait" photographs to be taken on school premises by a commercial photographer as a service to the students and their families.

Parents/guardians will be notified prior to the taking of pictures by a commercial photographer for student "portraits."  In no case will students be required to have their picture taken or be pressured to purchase pictures.

Students or commercial photographers may take pictures of students upon consent for such things as the yearbook or student newspaper.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding student photographs.

 

Legal Reference:  Iowa Code § 279.8 (2003).
  
                                    1980 Op. Att'y Gen. 114.

Cross Reference:  506      Student Records

Approved:  11/01/2004

Reviewed:  01/19/2009, 04/21/2014, 04/15/2019

Revised: 07/15/2024

dawn.gibson.cm… Tue, 04/06/2021 - 10:48

506.04 - Student Library Circulation Records

506.04 - Student Library Circulation Records

Student library circulation records are designed to be used internally to assist in the orderly administration of the school district libraries.  As a general rule, student library circulation records are considered confidential records and will not be released without parental/guardian consent.  Individuals who may access such records include a student's parents/guardians, the student, authorized licensed employees, authorized government officials from the U.S. Comptroller General, the Secretary of Education, the Commissioner and Director of the National Institute of Education, and the Assistant Secretary for Education and State Education Department.  Appropriate authorities in a health or safety emergency may access the student's library circulation records without the approval or the notification of the student's parents/guardians.  Parents/guardians may not access records, without the student's permission, of a student who has reached the age of majority or who is attending a post-secondary educational institution unless the student is considered a dependent for tax purposes.

It shall be the teacher-librarian’s responsibility to maintain the student library circulation records for students currently enrolled in each building and to provide access to these records for requests approved by administrators.  Students' library circulation records may be accessed during the regular business hours of the school district.  If copies of documents are requested, a fee for such copying may be charged.

It shall be the responsibility of the superintendent, in conjunction with the teacher or teacher-librarian, to develop administrative regulations regarding this policy.

 

 

 

Legal Reference:  20 U.S.C. § 1232g (1994).
  
                                    34 C.F.R. Pt. 99 (2002).
  
                                    Iowa Code §§ 22; 622.10 (2003).
  
                                    281 I.A.C. 12.3(6).
  
                                    1980 Op. Att'y Gen. 720, 825.

Cross Reference:  506      Student Records

 

Approved:  11/01/2004

Reviewed:  04/21/2014, 04/15/2019

Revised:  06/15/2009, 07/15/2024

 

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:49

506.04R1 - Request for Access to Student Library Circulation Records

506.04R1 - Request for Access to Student Library Circulation Records

Persons requesting access to student library circulation records shall submit the following information to the building administrator.

 

Date: __________________________               Name: __________________________________________

 

                                                                        Title: ___________________________________________

 

Student(s) Records Requested: ______________________________________________________________

_______________________________________________________________________________________

 

Purpose for Access: ______________________________________________________________________

_______________________________________________________________________________________

 

Number of Copies Requested: ____________________

 

Signature of Person Requesting Access: ______________________________________________________

 

 

 

Request Approved: __________          Denied: __________          Fee Paid: __________

 

By: ________________________________           _______________________________          _____________
                Building Administrator Name                          Building Administrator Signature                          Date

 

dawn.gibson.cm… Tue, 04/06/2021 - 10:50

506.05 - Student Disclosure of Identity

506.05 - Student Disclosure of Identity

It is the goal of the district to provide a safe and supportive educational environment in which all students may learn.  To maintain compliance with Iowa law and also provide efficiency in the reporting requirements, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students using the Request to Update Student Identity form (506.05E1). 

If a student makes a request to a licensed employee to accommodate a name, pronoun, or gender identity that is different than what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator.  The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian using the Report of Student Disclosure of Identity form (506.05E2).  This requirement also applies to all nicknames.

 

 

Legal Reference:           Iowa Code § 279.78    

                           

Cross Reference:          

 

 

 

Approved:  08/21/2023

Reviewed:

Revised

 

lschaul@indeek12.org Tue, 08/29/2023 - 13:45

506.05E1 - Request to Update Student Identity

506.05E1 - Request to Update Student Identity

REQUEST TO UPDATE STUDENT IDENTITY

 

__________________________________________________ __________________

(Student’s current name on registration)                                      (Student ID)

 

 

Please update my student’s names, pronouns, and/or gender identities on my student’s registration paperwork to include all of the following:

 

 

__________________________________________________________________________________

(Names)

 

__________________________________________________________________________________

(Pronouns)

 

__________________________________________________________________________________

(Gender identities)

 

 

__________________________________                __________________

Parent/Guardian                                                          Date

 

Note:  Per Iowa Code § 279.78

lschaul@indeek12.org Tue, 08/29/2023 - 14:00

506.05E2 - Report of Student Disclosure of Identity

506.05E2 - Report of Student Disclosure of Identity

REPORT OF STUDENT DISCLOSURE OF IDENTITY

 

Dear (Parent/Guardian) _________________,

 

This letter is to inform you that your student (student’s name listed on registration) ______________________ has made a request of a licensed employee to use a name, pronoun or gender identity that is different from the name, pronoun and/or gender identity listed on the student’s school registration forms.  The name, pronoun, or gender identity requested is:

______________________________________________________________________________________________________________________________________________________________________

 

If you would like to amend the student’s registration paperwork to permit the student’s requested accommodation and/or include the use of the above-referenced name/pronoun/gender identity, please complete the Request to Update Student Identity form (506.05E1) and return it to the district administration office.

 

Sincerely,

 

____________________________________________ __________________

Administrator                                                                    Date

lschaul@indeek12.org Tue, 08/29/2023 - 14:03