5125 - Student Records; Confidentiality (Policy)
I. POLICY
Educational records will be kept for each student and will reflect the physical, emotional, social and academic aspects of a student's development in the educational process. The Board of Education recognizes the state and federal regulations regarding confidentiality, access to and amendment of education records. The Board shall implement procedures that protect the privacy of parents and students while providing proper access to records. Availability of these procedures shall be made known annually to parents of students currently in attendance and eligible students currently in attendance in the Hamden Public Schools.
II. DEFINITIONS
A. Access is defined as the right to inspect or review a student's education records or any part thereof. Access may include the right to receive copies of records under limited circumstances.
B. De-identified education records means education records or information from education records from which all personally identifiable information has been removed, and for which the school has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, taking into account other reasonably available information.
C. Directory Information includes information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the parent’s name, address, the student’s name, address, telephone number, photographic, computer and/or video images, major field(s) of study, grade level, enrollment status (full-time; part-time), participation in school-sponsored activities or athletics, weight and height (if the student is a member of an athletic team), dates of attendance, degrees, honors and awards received, and the most recent previous school(s) attended.
Directory information does not include a student’s social security number, student identification number or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems unless the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN or password.
D. Disciplinary action or proceeding means the investigation, adjudication or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of internal rules of conduct applicable to students.
E. Disclosure means to permit access to or to release, transfer, or other communication of personally identifiable information as contained in education records by any means, including oral, written or electronic means, to any party.
F. Education Records
1. Education records means any information directly related to a student that is recorded in any manner (e.g., handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche) and that is maintained by the school system or persons acting for the school system.
2. Education records do not include:
a) private, personal, or working notes in the sole possession of the maker thereof, and which are not accessible or revealed to any other individual except a "substitute";
b) records maintained by a law enforcement unit of the school district that were created by that unit for the purpose of law enforcement;
c) employment records used only in relation to the student's employment by the school district that are 1) made and maintained in the normal course of business, 2) relate exclusively the student’s capacity as an employee, and 3) are not made available for any other purpose;
d) records on an eligible student (i.e. over 18 or attending a post-secondary educational institution) that are considered “treatment records” as they meet the following criteria: 1) the records are maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity, 2) the records are made in connection with the treatment of the student and 3) the records are disclosed only to individuals providing such treatment (treatment does not include remedial educational activities or activities that are part of the program or instruction of the school); however, the school district must, upon request, permit an eligible student to have a physician or other appropriate professional of the student’s choice review his/her treatment records;
e) records created or received by the district after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student; and
f) grades on peer-graded papers before they are collected and recorded by a teacher.
g) information obtained through school official’s personal knowledge or observation.
G. Eligible Student is a student or former student who has reached 18 years of age or is attending an institution of post-secondary education or is an emancipated minor.
H. Legitimate Educational Interest means the need for a school official to review an education record in order to fulfill his or her professional responsibilities.
I. Parent is defined as a parent or parents of a student, including a natural parent, a guardian, or surrogate parent, or an individual acting as a parent in the absence of a parent or guardian. The rights of a parent shall transfer to an eligible student; however, a parent of a student who claims that student as a dependent under Section 152 of the Internal Revenue Code of 1986 is entitled to access to the student's education records without the eligible student's consent as long as proof of the claim is provided to Hamden Public Schools.
J. Personally Identifiable Information is a FERPA term referring to identifiable information that is maintained in education records and includes, but is not limited to, the student’s name; the name of the student’s parent or other family members; the address of the student or his/her family; a personal identifier, such as the student’s social security number, student number or biometric record; other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the school district reasonably believes knows the identity of the student to whom the education record relates.
K. School Official is a person employed by the Board as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person or company hired by the school district to perform a special task (such as an attorney, auditor, consultant, therapist, or school resource officer).
L. Signed and Dated Written Consent to disclose personally identifiable student information from a student’s education records must specify the records to be disclosed, the purpose of disclosure and the party to whom such records should be provided. Consent may include a record and signature in electronic form provided that the consent identifies and authenticates a particular person as the source of electronic consent
III. ANNUAL NOTIFICATION OF RIGHTS / RELEASE OF DIRECTORY INFORMATION
A. On an annual basis, the administration will notify parents and/or eligible students currently in attendance of their rights regarding a student's education records. This notice will be published in all student handbooks and will be published in any other manner "reasonably likely" to inform such parents and eligible students of their rights. The administration will take steps to ensure that parents or eligible students
whose primary or home language is not English or who are disabled will also be notified of their rights regarding a student's education records.
B. On an annual basis, administration will also notify parents and/or eligible students currently in attendance of any categories of information designated as directory information. This notice will provide such individuals with an opportunity to object to such disclosure. An objection to the disclosure of directory information shall be good for only one school year.
C. In the annual notification, the administration will also provide notice to parents and/or eligible students that the Board is legally obligated to provide military recruiters or institutions of higher education, upon request, with the names, addresses and telephone numbers of secondary school students, unless the secondary student or the parent of the student objects to such disclosure in writing. Such objection must be in writing and shall be effective for one school year.
IV.CONFIDENTIALITY OF EDUCATION RECORDS
A. All school officials are directed to maintain the confidentiality of personally identifiable information contained in a student’s education records. Each person who has access to education records is responsible for ensuring personally identifiable information is protected from disclosure at collection, storage, disclosure, and destruction stages. Disclosure of information is permitted only in accordance with Board policy and administrative regulations and in a manner consistent with state and federal law.
B. Education records are not public records and any disclosure other than to persons authorized to receive the records without prior consent of a parent or an eligible student violates the law and Board policy, except as provided in federal and state statutes.
C. The school district shall use reasonable methods, including administrative policies and procedures, as well as physical and technological access controls, to ensure that school officials obtain access to only those education records in which they have a legitimate educational interest.
D. The school district shall use reasonable methods to identify and authenticate the identity of parents, students, school officials and other parties to whom the district discloses personally identifiable information from education records. Identification must be presented prior to inspecting and reviewing records. For students whose names have changed since withdrawing or graduating, documentation of the name change must be provided.
E. The Board shall require contractors and other outside agencies with access to education records to certify their compliance with the confidentiality requirements of this policy, as well as applicable state and federal law.
V. ACCESS TO EDUCATION RECORDS
A. Parents and/or an eligible student have the right to inspect and review all education records of the student unless such rights have been waived under Section XI, below. Parents' rights of inspection and review are restricted to information dealing with their own child. In the case of an eligible student, the right to inspect and review is restricted to information concerning the student. Any homeless student, not in the physical custody of a parent/guardian, will have full access to his/her educational records. All requests for access to education records must be in writing.
B. When submitting a written request to inspect or review education records, the request must identify the record or records being sought. The school district will notify the parent or eligible student of the date, time, and location where the records may be inspected and reviewed.
C. The parents or eligible students may designate in writing a representative to inspect and review the records. Consent for disclosure of education records to a designated representative must be signed and dated by the parent or eligible student.
D. A school professional shall be present at all such inspections and reviews and shall respond to reasonable requests for explanations and interpretations of the records. When a parent’s dominant language is not English, the district shall make an effort to provide verbal interpretation of the student record in the dominant language of the parent, or assist the parent in securing an interpreter.
E. For the records of regular education students, the school district will make education records available for inspection and review by parents or eligible students within a reasonable period of time, during regular school hours, but in any event, no more than forty-five (45) calendar days from the receipt of a written request.
F. For students requiring special education, the school district will comply with a request to inspect and review a student’s education records without unnecessary delay and before any meeting regarding an IEP (planning and placement team meeting) or any due process proceeding or resolution session held in accordance with the IDEA. The inspection and review will occur during regular school hours.
G. Parents of students eligible to receive special education and related services (or the eligible student) have the right to receive one free copy of their child’s (his/her) education records. The request for the free copy must be in writing and the Board shall comply with the written request within ten (10) school days of the request. Notwithstanding the fact that a test instrument or portion of a test instrument may meet the criteria of an “education record” under the Family Educational Rights and Privacy Act, 20 USC 1232g, any test instrument or portion of a test instrument for which the test manufacturer asserts a proprietary or copyright interest in the instrument shall not be copied. The parent or eligible student retains the right to review and inspect such information and the board of education shall respond to reasonable requests from the parent or eligible student for explanations and interpretations of the student’s education record, which may include reviewing copyrighted testing instruments.
H. Aside from a parent or eligible student, staff members, school employees and other school officials may access a student’s educational records only if they have been determined by the school district to have a legitimate educational interest in accessing the information contained in such records. Disclosures to any other parties, may only be made in accordance with the exemptions and provisions set forth in Section VII, below.
Pursuant to the procedures set forth in Section VI, below, the school district maintains a record of all parties that have requested access to education records, including access to education records found electronically.
I. Non-custodial Parents:
A parent does not lose his or her right to access to education records upon divorce. Non-custodial parents retain their rights to review their child's education records unless the school district has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes the non-custodial parent’s rights. School notices shall be mailed to the non-custodial parent/guardian requesting the notices at the same time that they are provided to the custodial parent/guardian. Any requests by the non-custodial parent/guardian to receive school notices shall be effective for as long as the child remains in the school the student is attending at the time of the request.
J. Copies of Education Records/Fees:
1) The school district cannot charge a fee to search for or to retrieve the education records of a student. As noted above, if a student has been identified as requiring special education and related services, the parents’ (or eligible student’s) right to inspect and review the child's records shall include the right to receive one free copy of those records. The request for the free copy shall be made in writing. The school district shall comply with such request as stated above.
2) In addition to the provision above regarding special education students, if circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student’s education records, the school district shall:
a. provide the parent or eligible student with a copy of the records requested, or
b. make other arrangements for the parent or eligible student to inspect and review the requested records.
3) A charge will be levied for additional copies; in no case will the charge exceed 15¢ per page. The school district reserves the right to charge for these additional copies of a student’s education records. Such charge will not exceed 15¢ per page.
VI. RECORD KEEPING REQUIREMENTS/DOCUMENTATION OF ACCESS TO EDUCATION RECORDS
A. The Superintendent shall be responsible for ensuring all requirements under federal and state statute are carried out by the district. The Superintendent will appoint an individual to be responsible for the care and upkeep of all education records. Education records are kept by categories, each of which encompasses a specific type of data collected during a student's educational career. These categories also determine how long the school district must maintain the records. The Superintendent will appoint individuals to be responsible for the care and upkeep of each category of records.
B. Except as provided below, a record (log) will be kept documenting each request for, and disclosure of, personally identifiable information from the education records of each student, including information found electronically. The record log shall contain:
1) the name of any individual, agency, or organization that requested or obtained access to the student's records;
2) the date of the request for access;
3) whether access was given;
4) the purpose for which the party was granted access to the records;
The record (log) requirement does not apply to requests from, or disclosure to:
1) a parent or eligible student;
2) a party seeking directory information;
3) a party who has a signed and dated written consent from the parent and/or eligible student;
4) school officials who have a legitimate educational interest in the information contained in the student's record; or
5) persons seeking or receiving the information as directed by a Federal grand jury, other law enforcement subpoena, or ex parte order of the Attorney General of the United States (provided that the information requested is not to be redisclosed).
C. The record (log) is a permanent part of the student’s education records and must be available to the parent or eligible student upon request.
D. If the school district makes a release of education records without consent in a health and safety emergency, it must record:
1) the articulable and significant threat to the health and safety of a student or other individuals that formed the basis for disclosure; and
2) the parties to whom the school district disclosed the information.
VII. THE RELEASE OF RECORDS OR PERSONALLY IDENTIFIABLE INFORMATION
A. The school system or its designated agent(s) may not permit release of education records or any information from such records which contains personally identifiable student information to any outside individual, agency, or organization, without the signed and dated written consent of the parents or eligible student, except as indicated in Section VII.C below. Personally identifiable information contained in the education record, other than directory information, will not be furnished in any form (i.e., written, taped, person-to-person, statement over the telephone, on computer disk, e-mailed, etc.) to any person other than those listed below, unless prior written consent has been obtained.
B. To be effective, the written consent must be signed and dated and must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made.
C. Personally identifiable information may be released without consent of the parents, or the eligible student, only if the disclosure meets one of the criteria set forth below:
1. The disclosure is to other school officials within the school district, including teachers, who have been determined by the school district to have legitimate educational interests in the education records.
2. The disclosure is to a contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions, provided that the outside party (a) performs an institutional service or function for which the school district would otherwise use employees, (b) is under the direct control of the school district with respect to the use and maintenance of education records, and is subject to the requirements of FERPA with respect to the use and redisclosure of personally identifiable information from education records.
3. The disclosure is to officials of another school, including other public schools, charter schools, and post-secondary institutions, in which the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
4. The disclosure is to authorized representatives of the Comptroller General of the United States; the Attorney General of the United States; the Secretary of Education; or State and local educational authorities, under the following conditions: the school shall provide such authorized representatives access to student or other records that may be necessary in connection with the audit, evaluation, or enforcement of state and
federally supported education programs, but shall not permit such representatives to collect personally identifiable information unless specifically authorized to do so by state and federal law or if the parent or eligible student has given written consent for the disclosure.
5. The disclosure is made in connection with a student's application for, or receipt of, financial aid, if such information is necessary to determine eligibility for, the amount of, or the conditions for financial aid, or to enforce the terms and conditions of financial aid.
6. The disclosure is to state and local officials or authorities within the juvenile justice system as long as the officials and authorities to whom the records are disclosed certify in writing to the school district that (a) the information is required by the court, (b) will not be disclosed to any other party without the prior, written consent of the parent of the student, except as provided under State law. Disclosure shall be permitted for information relating to the student’s school attendance, adjustment and behavior, as well as the student’s individualized education program (IEP) and related documents if the student receives special education services. If a student is placed on probation by the juvenile court, school officials may issue their own recommendation concerning the conditions of the student's probation.
7. The disclosure is 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, or improving instruction, so long as (a) the study does not permit personal identification of parents or students by individuals other than representatives of the organization, (b) the information is destroyed after it is no longer needed for the purposes for which the study was conducted, and (c) the Board enters into a written agreement with the organization conducting the study that ensures that the study protects the confidentiality of personally identifiable student information consistent with FERPA requirements.
8. The disclosure is to accrediting organizations in order to carry out their accrediting functions.
9. The disclosure is to parents of an eligible student who claim that student as a dependent student as defined in Section 152 of the Internal Revenue Code of 1986.
10. The disclosure is to comply with a judicial order or lawfully issued subpoena, provided that the educational agency makes a reasonable effort to notify the parent or the eligible student in advance of compliance, unless such disclosure is in compliance with (a) a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or (b) any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or (c) an ex parte order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning the investigation or prosecution of terrorism crimes specified in sections 2332b(g)(5)(B) and 2331 of title 18, U.S. Code.
11. If the Board initiates legal action against a parent or student, the Board may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the Board to proceed with the legal action as plaintiff.
12. If a parent or eligible student initiates legal action against the Board, the Board may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the Board to defend itself.
13. The disclosure is to appropriate parties, including parents of an eligible student, in connection with a health and safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. In making a determination regarding the disclosure of education records without consent in a health and safety emergency, the administration may take into account the totality of the circumstances pertaining to the threat to the health or safety of a student or other individuals. If the administration reasonably determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals, provided, however, that the school district record such disclosure in accordance with Section VI. D, above.
14. The disclosure is to the parent of a student who is under 18 years of age or to the eligible student.
15. The disclosure concerns sex offenders and other individuals required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the school district under 42 U.S.C. 14071 and applicable federal guidelines.
D. Directory Information
1. The administration will notify parents (of students currently enrolled in the Hamden Public Schools) or eligible students (currently enrolled in the Hamden Public Schools) annually of any categories of information designated as directory information. This notice will provide such individuals with an opportunity to object to such disclosure. An objection to the disclosure of directory information shall be good for only one school year.
2. School districts are legally obligated to provide military recruiters or institutions of higher education, upon request, with the names, addresses and telephone numbers of secondary school students, unless the secondary student or the parent of the student objects to such disclosure in writing. Such objection must be in writing and shall be effective for one school year and may apply to both military and non-military recruiters, or to just one or the other.
3. In all other circumstances, information designated as directory information will not be released when requested by a third party unless the release of such information is determined by the administration to be in the educational interest of the Hamden Public Schools and is consistent with Hamden Public School’s obligations under both state and federal law.
4. The administration may disclose directory information about students after they are no longer in enrollment in the school district. Notwithstanding the foregoing, the administration will continue to honor any valid objection to the disclosure of directory information made while a student was in attendance unless the student rescinds the objection.
5. An objection to the disclosure of directory information shall not prevent the administration from disclosing or requiring a student to disclose the student’s name, identified or institutional email address in a class in which the student is enrolled.
E. De-identified Records and Information
The school district may release education records or information from education records without the consent of a parent or eligible student after the removal of all personally identifiable information, provided that the school district has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, taking into account other reasonably available information.
F. Disciplinary Records:
1. Nothing in this policy shall prevent the school district from including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
2. Disclosing appropriate information concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials who have been determined to have legitimate educational interests in the behavior of the student.
G. In accordance with state and federal law, the school district will facilitate the transfer of records of suspension and expulsion of a student to officials of any private elementary or secondary school in which the student is subsequently enrolled or seeks, intends or is instructed to enroll.
H. Records of the Department of Children and Families (“DCF”)
- Documents related to any Department of Children and Families (“DCF”) child abuse and/or neglect investigations that are maintained by the school district are considered education records under the Family Educational Rights and Privacy Act (“FERPA”). As such, they are subject to the confidentiality and disclosure requirements set forth in this policy and in corresponding provisions of state and federal law. Such records should be kept in a confidential location, with restricted access and shall be disclosed only as authorized by law. In addition to meeting the requirements under FERPA, should the school district receive a request to disclose confidential DCF records to an outside third party, the school district shall redact the name or other personally identifiable information of the reporter.
2. In addition, the school district shall redact the name or any personally identifiable information related to the identity of any individual responsible for making a report of alleged child abuse and/or neglect before releasing or transferring any DCF records containing such reports.
VIII. REDISCLOSURE OF EDUCATION RECORDS
A. The school district may disclose personally identifiable information from an education record only on the conditions that:
- the party to whom the information is disclosed will not subsequently redisclose the information to any other party without the proper consent of the parent or eligible student, an
- the officers, employees, and agents of a party that receives such information may only use the information for the purposes for which disclosure was made.
B. Notwithstanding the provisions of Section A. above, the school district may disclose personally identifiable information from an education record with the understanding that the information may be redisclosed by the recipient of the information as long as prior written consent for disclosure is not required, for one of the reasons listed in Article VII, Section C. above, and at least one of the following conditions is met.
- The record of the original disclosure includes the names of the parties to whom redisclosure is being made and the legitimate interests each such party has in requesting or obtaining the information.
- In the case of disclosures made pursuant to a court order or lawfully issued subpoena, the school district has made a reasonable effort to notify the parent or eligible student in advance of compliance (except if such subpoena meets the criteria set forth above in Article VII, Section C. (10)).
- Disclosure is made to a parent, an eligible student, or the parent of an eligible student.
- The information is considered directory information.
C. In the event that a third party has improperly disclosed confidential and/or personally identifiable information of a student in violation of FERPA, the Superintendent shall promptly notify the Board of Education of such violation. The Board of Education shall make a determination as to what consequences, if any, there shall be as a result of said violation, including, without limitation, a termination of any existing contract with said third party in accordance with the terms of said contract, and/or a determination not to enter in to further contracts with said party.
IX. AMENDMENT OF EDUCATION RECORDS
A. If a parent or an eligible student believes that information in the student's education records is inaccurate, misleading or in violation of the student's right to privacy, he/she is entitled to:
1. Request in writing that the school district amend the records;
2. Receive within a reasonable period of time a decision from the school administration with respect to its decision on the amendment(s) requested by the parent or eligible student.
B. If the school administration decides to amend the records, the school administration shall promptly take such steps as may be necessary to put the decision into effect with respect to the requested amendments, and shall inform the parent or eligible student of the amendment.
C. If the school administration decides that an amendment of the records in accordance with the request is not warranted, it shall so inform the parent or eligible student and advise him/her of the right to a hearing pursuant to this policy.
X. HEARING RIGHTS AND PROCEDURES
A. Rights
1. Upon written request of a parent or eligible student to the Superintendent of Schools, an opportunity for a hearing shall be provided to challenge the content of a student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or otherwise in violation of the privacy rights of the student.
2. If, as a result of the hearing, it is determined that information contained in the education records of a student is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the records shall be amended, and the parent or eligible student shall be informed in writing.
3. If, as a result of the hearing, it is determined that information contained in the education records of a student is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the parent or eligible student shall be informed of the right to place in the student's education records a statement commenting on the contested information or stating why he or she disagrees with the district’s decision, or both.
a. Any statement placed in the records of the student shall be maintained by the school district as part of the records of the student as long as the record or contested portion is maintained by the school system.
b. If the contested portion of the education record is disclosed by the school district, the statement of disagreement by the parents and/or eligible student shall also be disclosed.
B. Procedures
1. The hearing shall be held within a reasonable time after the school district has received the request for the hearing, unless the parent or eligible student requests a delay.
2. The parent or eligible student shall be given notice of the date, place, and time of the hearing, within a reasonable time in advance of the hearing.
3. The hearing will be conducted by a person or persons appointed by the Superintendent of Schools. This person(s) shall be knowledgeable of the policies relating to confidentiality and shall not have a direct interest in the outcome of the hearing.
4. The parent or eligible student and the school administration shall have the right to be represented by person(s) of their choosing at their own expense, to cross-examine witnesses, to present evidence, and to receive a written decision of the hearing.
5. The decision reached through the hearing shall be made in writing within a reasonable period of time after the hearing. The decision will be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
XI. WAIVER OF RIGHTS
A. A student who is an applicant for admission to an institution of post-secondary education or is in attendance at an institution of post-secondary education, may waive his or her right to inspect and review confidential letters and confidential statements of recommendations with the following limitations:
1. The student is notified, upon request, of the names of all individuals providing the letters or statements.
2. The letters or statements are used only for the purpose for which they were originally intended.
3. The waiver is not required by the agency as a condition of admission to or receipt of any other service or benefit from the agency.
4. The waiver is in writing and executed by the student, regardless of age, rather than by the parent.
B. A waiver may be revoked with respect to any actions occurring after the revocation.
C. Revocation of a waiver must be in writing.
XII. SPECIAL CONFIDENTIALITY PROCEDURES FOR HIV-RELATED INFORMATION
A. The following definitions shall apply to Section XII of this policy:
1. Confidential HIV-Related Information
"Confidential HIV-related information" means any information pertaining to the protected individual or obtained pursuant to a release of confidential HIV-related information, concerning whether a person has been counseled regarding HIV infection, has been the subject of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify a person as having one or more of such conditions, including information pertaining to such individual's partners.
2. Health Care Provider
"Health Care Provider" means any physician, dentist, nurse, provider of services for the mentally ill or persons with mental retardation, or other person involved in providing medical, nursing, counseling, or other health care, substance abuse or mental health service, including such services associated with, or under contract to, a health maintenance organization or medical services plan.
3. Protected Individual
"Protected individual" means a person who has been counseled regarding HIV infection, is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS or HIV-related illness.
4. Release of Confidential HIV-Related Information
"Release of confidential HIV-related information" means a written authorization for disclosure of confidential HIV-related information which is signed by the protected individual, if an eligible student, or a person authorized to consent to health care for the individual and which is dated and specifies to whom disclosure is authorized, the purpose for such disclosure and the time period during which the release is to be effective.
A general authorization for the release of medical or other information is not a release of confidential HIV-related information, unless such authorization specifically indicates its dual purpose as a general authorization and an authorization for the release of confidential HIV-related information.
5. School Medical Personnel
"School medical personnel" means an employee of the Board who is a school nurse or the school district medical adviser.
B. Confidentiality of HIV-related Information
1. All school district staff must understand that no person who obtains confidential HIV-related information regarding a protected individual may disclose or be compelled to disclose such information. Each person who has access to confidential HIV-related information is responsible for ensuring that confidential HIV-related information is protected from disclosure and/or redisclosure.
2. Confidential HIV-related information is not public information and any disclosure, other than to persons pursuant to a legally sufficient release or to persons authorized by law to receive such information without a legally sufficient release, violates the law and Board policy.
C. Accessibility of Confidential HIV-related Information
1. No school district staff member who obtains confidential HIV-related information may disclose or be compelled to disclose such information, except to the following:
a. the protected individual, his/her legal guardian or a person authorized to consent to health care for such individual;
b. any person who secures a release of confidential HIV-related information;
c. a federal, state or local health law officer when such disclosure is mandated or authorized by federal or state law;
d. a health care provider or health facility when knowledge of the HIV-related information is necessary to provide appropriate care or treatment to the protected individual or when confidential HIV-related information is already recorded in a medical chart or record and a health care provider has access to such record for the purpose of providing medical care to the protected individual;
e. a medical examiner to assist in determining cause of death; or
f. any person allowed access to such information by a court order.
D. Procedures
1. If a Hamden Public Schools staff member, other than school medical personnel, is given confidential HIV-related information regarding a protected individual who is also a student by the student's legal guardian or the student, the Hamden Public Schools staff member shall attempt to secure a release of confidential HIV-related information for the sole purpose of disclosing such information to school medical personnel.
2. If a Hamden Public Schools medical personnel member is given confidential HIV-related information regarding a protected individual, who is also a student, by a student's legal guardian, or by the student, and the legal guardian or the student requests accommodations to the student's program for reasons related thereto, the Hamden Public Schools medical personnel member shall inform the legal guardian or the student, if an eligible student, that a release of confidential HIV-related information is necessary before such information may be disclosed to other educational personnel capable of assessing the need for and implementing appropriate accommodations to the student's program.
3. Any school staff member who obtains confidential HIV-related information from a source other than the protected individual or his/her legal guardian, shall keep such information confidential and shall not disclose such information.
4. No Hamden Public Schools staff member may disclose confidential HIV-related information to other school staff members without first obtaining a release of confidential HIV-related information.
5. Any record containing confidential HIV-related information shall be maintained in a separate file, and shall not be subject to the provisions of this policy regarding accessibility of general student records.
6. If Hamden Public Schools medical personnel determine that the health and safety of the student and/or others would be threatened if a release of confidential HIV-related information is not obtained, the Hamden Public Schools medical personnel may seek a court order authorizing disclosure. In such cases, such confidential HIV-related information may be disclosed as set forth in and subject to any limitation of such court order.
E. Disclosures Pursuant to a Release
1. Any disclosure pursuant to a release shall be accompanied by a notice in writing stating, "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by said law. A general authorization for the release of medical or other information is NOT sufficient for this purpose."
2. Oral disclosures must be accompanied or followed by the above notice within ten (10) days.
3. Except for disclosures made to a federal, state or local health officer when such disclosure is mandated or authorized by federal or state law, a notation of all disclosures shall be placed in the medical record or with any HIV-related test result of a protected individual, who shall be informed of such disclosures on request.
XIII. CHILD ABUSE REPORTING
Nothing in this policy shall limit a mandated reporter's responsibility to report suspected child abuse or neglect under the Board’s Child Abuse and Neglect Reporting Policy 5141.4.
XIV. RIGHT TO FILE A COMPLAINT
FERPA affords parents and eligible students 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 agency that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605
(cf. 5114 Suspension/Expulsion; Student Due Process)
(cf. 5118.1 Homeless Students)
(cf. 5125.11 Health/Medical Records)
(cf. 5141 Student Health Services)
(cf. 5145.15 Directory Information)
Legal References: Connecticut General Statutes
1-210 et seq. Access to public records. Exempt records.
17a-28 Definitions. Confidentiality and access to records; exceptions. Procedure for aggrieved persons.
19a-581 et seq. AIDS testing and medical information.
PA 17-194 An Act Concerning Access to Student Records for Certain Unaccompanied Youths
Regs. Conn. State Agencies § 10-76d-18 Education records and reports.
Office of the Public Records Administrator, Retention Schedule M8-Education Records, Revised 2/2005, available at http://www.cslib.org/retschedules.htm
Federal Law:
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §§ 1232g et seq.
USA Patriot Act of 2001, Pub. L. 107-56
No Child Left Behind Act of 2001, Pub. L. No. 107-110
34 CFR 99.1 - 99.67 (as amended)
34 CFR 300.560-300.576
Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Elementary and Secondary Schools, US Department of Education (October 2007), available at Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Elementary and Secondary Schools.
Policy Revised: 2019
HAMDEN PUBLIC SCHOOLS
Hamden, Connecticut