JRA: Privacy of Student’s Records / Directory Information

All students’ educational records are available for inspection and copying by the parents/legal guardian of any student who is under the age of eighteen (18). At the age of eighteen (18), the right to inspect and copy a student’s records transfers to the student. The district forwards education records, including discipline records, to schools that have requested them and in which the student seeks or intends to enroll.

The district shall receive written permission before releasing educational records to any agency or individual not authorized by law to receive and/or view the educational records without prior parental permission.

The parent or student at the age of eighteen (18) shall provide a signed and dated written consent before the student’s personally identifiable information from the student’s education records are released to anyone or any agency other than those authorized by law.

The written consent must (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and (3) Identify the party or class of parties to whom the disclosure may be made.

The term, education records, means those records that are (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution. Personally identifiable information includes but is not limited to (a) The student’s name; (b) The name of the student’s parent or other family member; (c) The address of the student or student’s family; (d) A personal identifier, such as a student’s social security number or student number; (e) A list of personal characteristics that would make the student’s identity easily traceable; or (f) Other information that would make the student’s identity easily traceable.

For purposes of this policy, the Pulaski County Special School District does not distinguish between a custodial and non-custodial parent with respect to gaining access to a student’s records. The fact of a person’s status as parent or guardian, alone, enables that parent or guardian to review and copy his child’s records.

If there exists a court order which directs that a parent not have access to a student or his records, the parent or guardian must present a file-marked copy of such order to the building principal and the Assistant Superintendent for Equity and Pupil Services. The school will make good-faith efforts to act in accordance with such court order, but the failure to do so does not impose legal liability upon the school. The actual responsibility for enforcement of such court orders rests with the parents or guardians, their attorneys and the court which issued the order.

A parent or guardian does not have the right to remove any material from a student’s records, but such parent or guardian may challenge the accuracy of a record. A challenge to the accuracy of material contained in a student file must be initiated with the building principal, with an appeal available to the Superintendent or his designee. Any appeal above that level will be to an independent hearing officer and must be consistent with the purposes of the federal Family Educational Rights and Privacy Act.

Unless the parent or guardian of a student (or student, if above the age of eighteen [18]) objects, directory information about a student may be made available to the public, military recruiters, post secondary educational institutions, prospective employers of those students, as well as school publications such as annual yearbooks and graduation announcements. “Directory information” means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. “Directory information” includes, but is not limited to, the student’s name, address, telephone listing, student’s photograph which may be electronic, date and place of birth, video/audio recordings, grade classification, height/weight, his/her placement on the honor role (or the receipt of other types of honors), as well as his/her participation in school clubs and extracurricular activities. If the student participates in inherently public activities (for example, basketball, football, or other interscholastic activities), the publication of such information will be beyond the control of the District. A student’s name when associated with their physical address, telephone number, or photograph will only be displayed on the district or school’s web page after receiving the written permission of the student’s parent or student if over the age of 18.

The form for objecting to making directory information available is located in the back of the student handbook and must be completed and signed by the parent or age-eligible student and filed with the building principal’s office no later than ten (10) school days after the beginning of each school year. Failure to file an objection by that time is considered a specific grant of permission.

Adopted: 10/10/72
Revised: 12/10/74
Revised: 9/11/84
Revised: 3/8/94
Revised: 11/25/08
Revised: 01/13/09
Revised: 11/29/11

Legal References: Public Law 93-380; School Laws of Arkansas 6-13-626, 6-18-901; 20 U.S.C. § 1232g, 20
U.S.C. § 7908 (NCLB Section 9528); 34 CFR 99.3; Arkansas School Board Policy 4.13

Manual Adoption: 2/8/00