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.

Topics to be CoveredDefinition of Student RecordMandated RecordsTransfer of Discipline RecordsParental RightsAdult Student RightsDisclosure of Information on

InternetAccess to Records

Topics to be Covered (cont’d)

School Contact Directory for official use

Student Information DirectoryRetention and Disposal of

RecordsPupil Information Collected in

Classroom

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.

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.

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

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

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

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

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

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

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

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

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

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)

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”

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

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

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

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.

Q & A

For more information about training opportunities, contact Jay Doolan:

jdoolan@njpsa.org609-860-1200

Foundation for Educational Administration12 Centre DriveMonroe Township, NJ 08831