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FEA Webinar on Student Records Law
David Nash, Esq.NJPSA Legal Counselwww.featraining.org
We are pleased to bring you this FEA-developed program as an NJPSA member benefit.
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Topics to be CoveredDefinition of Student RecordMandated RecordsTransfer of Discipline RecordsParental RightsAdult Student RightsDisclosure of Information on
InternetAccess to Records
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Topics to be Covered (cont’d)
School Contact Directory for official use
Student Information DirectoryRetention and Disposal of
RecordsPupil Information Collected in
Classroom
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Definition of Student RecordN.J.A.C. 6A:32-2.1“Student Record” means any
information related to an individual student gathered within or outside the school district and maintained within the school district, regardless of the physical form in which it is maintained.
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Definition of Student Record (cont’d)Essential in this definition is the
idea that any information that is maintained for the purpose of second party review is considered a student record. Therefore, information recorded by any certified school personnel solely as a memory aid, not for the use of a second party, is excluded from this definition.
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Examples of student recordsE-mail sent between two teachers
discussing the educational progress of a student or strategies for helping the student improve
Note it doesn’t matter if personal email used
Notes from a guidance counselor that are shared with a colleague or a school administrator
NOTE that notes that are kept strictly as memory aid are not student records
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Mandated RecordsN.J.A.C. 6A:32-7.2Student name, address, telephone
number, date of birth, name of parent(s), gender, citizenship
Standardized assessment and test answer sheets (protocol), grades, attendance, classes attended, grade level completed, year completed
Record of daily attendance
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Mandated Records (cont’d)Descriptions of student progress according
to the system of student evaluation used in the district
History and status of physical health including results of physical exams given by qualified school district employees
Records required for students with disabilities
Federal law now requires maintenance of information on suspensions and expulsions
Other records required by law/board policy
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Disciplinary RecordsMaintained as long as considered
educationally relevant by districtDistrict may have policy to expunge
records if no discipline issues arise for period of time
District required to send disciplinary records if student moves to another New Jersey school district, or moves to a nonpublic school
If student moves to another state, may send disciplinary records if other state law requires
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Process for Transfer of Records
N.J.S.A. 18A:36-19a requires supt. of new district to request in writing student records within 2 weeks from date student enrolls
District of last attendance must provide all information in the record related to disciplinary action AND notify receiving district of information that sending district has obtained information regarding juvenile offenses
Written permission not required, just written notice to parent
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Access to RecordsParent (including non-custodial), adult
student, emancipated studentCertified school personnel who have
assigned educational responsibility (but not to health records), including personnel at state approved private school for disabled, state facility, nonpublic school where special education student placed
District board of education to fulfill role
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Access to Records (cont’d)Secretarial and clerical personnel for
data entry and routine clerical tasksDYFSOthers upon presentation of court orderIn connection with an emergency, may
release health records to protect immediate health or safety of the student or other persons
Access to school contact directory for official use and student information directory
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Student Information Directory
Includes name, grade level, date and place of birth, dates of school attendance, major field of study, participation in official activities, weight and height related to athletic team membership, degrees, awards, most recent educational agency attended
Right to limit access to directory, such as prohibiting military recruiter access
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School Contact Directory for official use
See N.J.A.C. 6A:32-7.2Separate and apart from Student
Information DirectoryAccess to judicial and law enforcement
personnel and medical personnel currently providing services
Verify enrollment, name, address, telephone number, date of birth
Must inform district in writing if parent wishes to exclude any information from this directory
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Parental & Adult Student RightsDistrict must notify parents and adult
students annually in writing of rights regarding student records
Right to request amendment to records if believed to be inaccurate
Emancipated minor has same rights as parent or adult student
Right to be informed about “that portion of another student’s record that contains information about his or her own child” under N.J.A.C. 6A:32-7.1 (example child bullied by another student)
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Parent Rights (cont’d)Right to access records within 10 days
of request, but prior to any hearingRight to a 10-day period to submit
statement prohibiting release of information to military recruiters. Note that military recruiters otherwise given same access as higher ed.
Right to exclude information from the “school directory for official use” and restrict access to “student information directory”
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Rights of Non-Custodial ParentSame rights as the custodial
parent, unless rights have been terminated pursuant to a court order
Note that a Court Order is signed by a judge◦Different from a subpoena which can
be signed by an attorney
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Disclosure of Information on InternetN.J.S.A. 18A:36-5, signed in 2002,
prohibits disclosure of personally identifiable information on the Internet without prior written consent.
“Personally identifiable information” includes student names, photos, addresses, email addresses, phone numbers, locations and times of class trips
Problem areas – student photos, location and time of class trips
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Retention and DisposalMay choose to dispose of educational
records that are no longer educationally relevant while student is still enrolled in school, but only after written parent permission or reasonable attempts to secure permission
Upon graduation, notify parent in writing of right to copy of entire student record
Must keep mandated records for 100 years
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SummaryUnderstand and respect parent
rightsEnsure Security of RecordsBe careful about unwittingly
creating student recordsRecognize recent changes in law
regarding student discipline records, information collected in the classroom, use of email, etc.
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Q & A
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For more information about training opportunities, contact Jay Doolan:
Foundation for Educational Administration12 Centre DriveMonroe Township, NJ 08831