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PUPIL RECORDS
The Board of Education shall conform in all respects to the requirements of state and federal law regarding gathering, maintaining, securing, disclosing, allowing access to and destruction of pupil records. The Superintendent shall be responsible for the security of pupil records maintained in the school district. He/she shall formulate and the Board shall review administrative procedures to guarantee the safety and security of all pupil records, and to provide authorized persons and organizations access to these records at a convenient place and time within the limits stipulated by law, i.e., within 10 days of the request but prior to any review or hearing conducted in accordance with state Board of Education regulations. Pupil records shall include all those mandated by the New Jersey administrative code or state statutes, or authorized by administrative directives, and such permitted records as the Board of Education shall authorize by resolution at a regular public meeting in order to promote the educational welfare of the pupil. Records so authorized must comply with code standards as to relevance and objectivity. The Board of Education shall report annually at a public meeting a description of the types of pupil records it has authorized certified school personnel to collect and maintain. Pupil records shall contain only such information as is relevant to the education of the pupil, and is objectively based on the personal observations or knowledge of the originator of the record. All anecdotal information and assessment reports collected on a pupil shall be dated and signed by the individual who originated the data. Parents/guardians and adult pupils shall be notified annually in writing of their rights in regard to pupil records. Such rights include:
The district shall compile, publicize and make available a "student information directory" as defined in the administrative code. Such directory information and school facilities shall be available to educational, occupational and military recruiters as required by law. The district must notify parents/guardians and adult pupils annually in writing of their rights in regard to pupil participation in educational, occupational and military recruitment programs. Such rights include:
The Superintendent shall require all permitted pupil records of pupils currently enrolled in the regular educational program to be reviewed annually by certified school personnel to determine the educational relevance of the material contained therein. The reviewer shall cause to be deleted from the records data no longer descriptive of the pupil or educational situation. Such information shall be destroyed and shall not be recorded elsewhere nor shall a record of such deletion be made. Such data may not be removed from the record of a handicapped pupil without prior parental notice. Records of Classified Pupils All records of disabled pupils shall be maintained in accordance with administrative code and established procedures that will ensure proper accessibility and confidentiality. A special confidential file shall be maintained listing the code numbers assigned to disabled pupils on whose behalf the Board of Education must take public action. Motions concerning disabled pupils shall be anonymous and refer to this confidential file. This shall be maintained in accordance with N.J.A.C. 6:3?6.1. Parents/adult pupils or designees shall be permitted to inspect and review the contents of the pupil's record maintained by the district without unnecessary delay and before any meeting regarding the pupil's IEP. Any consent required for disabled pupils under N.J.A.C. 6:3?6 shall be obtained according to N.J.A.C. 6A:14-1.3 "Consent" and N.J.A.C. 6A:14?2.3. Transfer of Pupil Records
A nonadult pupil may assert rights of access only through his/her parent/guardian. However, certified school personnel may, in their discretion, disclose pupil records to nonadult pupils or to appropriate persons in connection with an emergency, if such knowledge is necessary to protect the health or safety of the pupil or other persons. A parent/guardian or adult pupil shall either have access to or be specifically informed about only that portion of another pupil's record that contains information about his/her own child or himself/herself. A pupil record may be withheld from a parent of a pupil under 18 or from an adult pupil only when the district obtains a court order or is provided with evidence that there is a court order revoking the right to access. Only that portion of the record designated by the court may be withheld. Only authorized organizations, agencies or persons as defined in code shall have access to pupil records. Particular attention shall be paid to the development of procedures whereby pupil records are made accessible to assigned secretarial and clerical staff in the performance of their duties, and to compliance with requirements for the security of computerized pupil records that will limit access to authorized persons. Limited access shall be granted to secretarial and clerical personnel under the direct supervision of certified school personnel to those portions of the record and to the extent necessary to record data and conduct routine clerical tasks. The district will charge for copies, see Policy 1111.1 for rates. Conditions of Access No pupil record shall be altered or destroyed during the time period between a request to review the record and the actual review of the record. Those from outside the school whose access requires consent of parents/adult pupils must submit the request in writing, together with any required authorization, to the Superintendent/designee. District regulation shall be developed in accordance with code to ensure that records are not altered, damaged or lost during inspection, and that records of access granted are complete. Retention and Destruction of Records The Superintendent shall develop regulations in accordance with the administrative code concerning retention and destruction of pupil records. No additions may be made to the record after the graduation or permanent departure of a pupil without the prior written consent of the parent/adult pupil. The New Jersey district of last enrollment must keep in perpetuity: name, date of birth, sex, address, phone number, grades, attendance records, classes attended, grade level completed, year completed, name of parent(s) and citizenship status. Liability Liability shall not be attached to any member, officer or employee of the Board of Education permitting access or furnishing pupil records in accordance with these rules and regulations. It shall be the responsibility of the Superintendent to keep abreast of all changes in state and federal law and regulation concerning pupil records. Date: April 14, 1986 January 10, 1991, Revised September 24, 2001 First Reading October 8, 2001 Approved Legal References: N.J.S.A. 2A:4A-60 et al. Disclosure of juvenile information; penalties for disclosure N.J.S.A. 18A:36-19 Pupil records; creation, maintenance and retention, security and access; regulations; nonliability N.J.S.A. 18A:36-19a Newly enrolled students; records and identification N.J.S.A. 18A:36-19.1 Military recruiters; access to schools and student information directories N.J.S.A. 18A:40-4 Examination for physical defects and screening of hearing of pupils; health records N.J.S.A. 18A:40-19 Records and reports of tuberculosis testing; disposition; inspection N.J.S.A. 26:5C-7 through -14 Acquired Immune Deficiency Syndrome N.J.S.A. 47:1A-1 et seq. Examination and copies of public records (Right to Know Law) N.J.S.A. 47:3-15 et seq. Destruction of Public Records Law N.J.S.A. 52:17B-9.8a through -9.8c Marking of missing child's school record N.J.A.C. 6:3-6.1 et seq. Pupil records N.J.A.C. 6:8-4.1 Review of mandated programs and services N.J.A.C. 6:9-5.1 Pupil records N.J.A.C. 6:20-1.1 School register N.J.A.C. 6:29-1.1 et seq. Health, safety and physical education See particularly: N.J.A.C. 6:29-1.2(b)1iv, -1.4, -2.4, -6.3(b)2, -8, -10.6 N.J.A.C. 6A:8-4.2 Documentation of student achievement N.J.A.C. 6A:14-1.1 et seq. Special Education See particularly: N.J.A.C. 6A:14-1.3, -2.3, -2.9, -7.9 N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts N.J.A.C. 8:61-1.1 Attendance at school by pupils or adults infected by Human Immunodeficiency Virus (HIV) N.J.A.C. 15:3-2 State records manual Attorney General's Executive Directive No. 1988-1 20 U.S.C.A. 1232g - Family Educational and Privacy Rights Act 42 U.S.C.A. 4541 et seq. - Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act of 1980 42 CFR Part II Plainfield Board of Education v. Cooperman, 105 NJ 587 (1987) Manual for the Evaluation of Local School Districts (August 2000) Possible Cross References: *1110 Media *1120 Board of education meetings 3543 Office services *3570 District records and reports 5113 Absences and excuses 5124 Reporting to parents/guardians 5131 Conduct/discipline 5131.6 Drugs, alcohol, tobacco (substance abuse) 5141.2 Illness 5141.3 Health examinations and immunizations 5142 Pupil safety 6145.1/6145.2 Intramural competition; interscholastic competition 6147.1 Evaluation of individual student performance 6164.2 Guidance services 6171.4 Special education *9322 Public and executive sessions Key Words Pupil Records, Student Records, Records, Special Education Pupil Records |
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