# JRA-R STUDENT EDUCATION RECORDS AND INFORMATION

**This administrative procedure is intended to assist administrators and
school staff in complying with the requirements of federal and state
statutes and regulations concerning student education records and
information, including special education requirements.**

A. Definitions
--------------

The following definitions apply to terms used in this procedure.

1\. "Act" means the federal Family Educational Rights and Privacy Act (20
U.S.C. §1232g).

2\. "Directory information" means the following information contained in
an education record of a student: name, participation and grade level of
students in officially recognized activities and sports, height and
weight of student athletes, dates of attendance in the school unit, and
honors and awards received.

3\. "Eligible student" means a student who has attained 18 years of age
who has not been judged by a court of competent jurisdiction to be so
severely impaired that the student is unable to make decisions or
exercise judgment on his/her own behalf. When a student attains the age
of 18, all rights accorded to parents concerning education records
transfer to the eligible student.

4\. "Parent" means parent, regardless of divorce or separation, a legal
guardian, or individual acting as a parent or guardian provided that
there shall be a presumption that a parent has the authority to exercise
the rights governing such matters as divorce, separation or custody or a
legally binding instrument that specifically revokes such rights.

5\. "Education Record" means information or data that directly relates to
a student and is maintained by the school unit in any medium, including
but not limited to handwriting, print, computer media, video or audio
tape, microfilm and microfiche. Records of instructional, supervisory
and administrative personnel and personnel who support these
individuals, which are in the sole possession of the maker thereof and
which are not accessible or revealed to any other person except a
temporary substitute for the person who made the record are excluded
from this definition.

6\. "Student" includes any individual with respect to whom the school
unit maintains education records.

B. Notification
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 Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. RSU 1 may provide notice through any of the following means:

1\. Mailing to students' homes;

2\. Distribution to students to take home;

3\. Publication in student handbooks; and

4\. Publication in newsletters or other materials distributed to each
parent/ eligible student.

C. Access to Policy and Administrative Procedures
-------------------------------------------------

RSU 1's policy on Student Education Records and Student Information
shall be posted in each school. In addition, school administrators shall
provide copies of this administrative procedure to parents/eligible
students upon request.

D. Inspection and Review of Education Records
---------------------------------------------
 Parents/eligible students may review and inspect their educational records by the following procedure:

1\. The parent/eligible student must make a written request to the
Superintendent or building administrator to review the records.

2\. The Superintendent or building administrator will comply with the
request without unnecessary delay and in a reasonable period of time,
but in no case more than 45 days after it received the request, and will
comply before any IEP Team meeting regarding an Individualized Education
Program or any due process hearing relating to the identification,
evaluation, or placement of the student.

3\. The Superintendent or building administrator may deny a request for
access to or copies of the student\'s education records if there is
reasonable doubt as to the legality of the parent-child relationship.
Access will be withheld until a determination of legal right to access
can be established.

4\. All records shall be reviewed in the presence of a school official.

Parents/eligible students may also request to review the following:

1\. RSU 1's list of types and locations of all records and titles of
officials responsible for the records; and

2\. RSU 1's record of disclosures of personally identifiable information
(see following section).

E. Requests to Amend Education Records
--------------------------------------

Parents/eligible students may ask RSU 1 to amend education records they
believe are inaccurate, misleading or in violation of the student's
privacy rights as follows:

1\. The parent/eligible student must make a written request to the
Superintendent or building administrator to amend the education record.
The request must clearly identify the part of the record they want
changed, and specify why it is inaccurate or misleading.

2\. The Superintendent or building administrator shall, within a
reasonable period of time after receipt of the request, either amend the
record in accordance with the request or inform the parent/eligible
student of its refusal to amend the record and inform the
parent/eligible student of their right to request a hearing.

3\. If the parent/eligible student requests a hearing, it shall be held
within a reasonable period of time from RSU 1's receipt of the written
request. The parent/eligible student shall be given advance notice of
the date, place, and time of the hearing. The Superintendent shall
designate an individual to conduct the hearing. This individual may be
an employee of RSU 1 so long as he/she does not have a direct interest
in the outcome of the hearing. The parent/eligible student shall be
afforded a full and fair opportunity to present evidence relevant to the
issues raised and may be assisted or represented by individuals of
his/her choice at his/her own expense, including an attorney.

4\. RSU 1 shall make its decision in writing within a reasonable period
of time. The decision of the school shall include a summary of the
evidence and the reasons for the decision.

5\. If, as a result of the hearing, RSU 1 decides that the information is
inaccurate, misleading or otherwise in violation of the privacy rights
of the student, it shall amend the education records of the student
accordingly and so inform the parent/eligible student in writing.

6\. If, as a result of the hearing, RSU 1 decides that the information is
not inaccurate, misleading or otherwise in violation of the privacy
rights of the student, it shall inform the parent/eligible student of
their right to include a statement in the student's education record
about the contested information and/or setting forth any reasons for
disagreeing with the decision of RSU 1.

7\. Any statement placed in the student's education record under the
preceding paragraph shall be maintained as long as the record or
contested portion is maintained by RSU 1**.** If the education records
of the student or the contested portion are disclosed by the School
Department to any party, the explanation shall also be disclosed.

F. Disclosure of Education Records
----------------------------------

All disclosures of education records will be made in compliance with
federal and state statutes and regulations. The School Department will
maintain a record of disclosures of personally identifiable information
from the education records of a student. Such records do not include
disclosures to the parents/eligible student, disclosures made pursuant
to written consent of the parents/eligible student, disclosures to
school officials or disclosures of directory information. The School
Department will not disclose any personally identifiable information
from the education records of a student without the prior written
consent of the parent/eligible student. The written consent shall
include a specification of the records that may be disclosed, the
purpose(s) of the disclosure(s), and the identity of the party or
parties to whom the disclosure(s) may be made.

There are several exceptions to the requirement to obtain prior written
consent before disclosing education records as follows:

1\. **Directory Information.** RSU 1 may make directory information (as
described in the Definitions section) public at its discretion unless a
parent/eligible student has notified the Superintendent in writing by
September 15^th^ or within thirty (30) days of enrollment, whichever is
later.

RSU 1 may disclose directory information about former students without
the consent of the parent/eligible student.

2\. **Military Recruiters/Institutions of Higher Education.** Military
recruiters and institutions of higher education are entitled to receive
the names, addresses and telephone numbers of secondary students and RSU
1 must comply with any such request, provided that parents have been
notified of their right to request that this information not be released
without their prior written consent. Parents/eligible students who do
not want RSU 1 to disclose this information must notify the
Superintendent in writing by September 15^th^ or within thirty (30) days
of enrollment, whichever is later.

3\. **School Officials with Legitimate Educational Interests.** Education
records may be disclosed to school officials with a "legitimate
educational interest." A school official has a legitimate educational
interest if he/she needs to review an education record in order to
fulfill his/her professional responsibility. School officials include
persons employed by RSU 1 as an administrator, supervisor, instructor,
or support staff member (including health or medical staff and the
school unit's designated law enforcement unit personnel, if any);
members of the Board of Education; persons or companies with whom RSU 1
has contracted to provide specific services (such as attorneys,
auditors, medical consultants, evaluators or therapists); and parents,
students or volunteers serving on an official committee (such as a
disciplinary or grievance committee) or assisting a school official in
performing his/her professional responsibilities.

4\. **Other School Units.** Under Maine law (20-A M.R.S.A. § 6001-B), RSU
1 is required to send a student's education records to a school unit to
which a student applies for transfer, including disciplinary records,
attendance records, special education records and health records.
Consent is not required for the transfer of these records, except for
confidential health records.

At the request of the Superintendent of the school unit where a student
seeks admission, the student\'s current or former school administrators
shall provide, in a timely fashion, an oral or written report to the
Superintendent indicating whether the student has been expelled or
suspended or is the subject of an expulsion or suspension proceeding.

5\. **Other Entities/Individuals.** Education records may be disclosed to
other governmental entities, agencies and individuals as specifically
permitted by FERPA and the accompanying regulations.

6\. **Information on the Internet.** Under Maine law (20-A M.R.S.A. §
6001), the School Department shall not publish on the Internet any
information that identifies a student, including but not limited the
student's full name, photograph, personal biography, e-mail address,
home address, date of birth, social security number and parents' names,
without written parental consent.

G. Waiver of Confidentiality Rights
-----------------------------------

A parent/eligible student may waive any of his/her rights regarding
confidentiality of educational records, but any such a waiver must be in
writing and signed by the parent/eligible student. The school may not
require that a parent/eligible student waive his or her rights. Any
waiver may be revoked with respect to actions occurring after the
revocation. If a parent executes a waiver, that waiver may be revoked by
the student any time after he/she becomes an eligible student.

H. Fees for Copying Records
---------------------------

There shall be no charge to search for or retrieve education records of
a student. RSU 1 shall provide copies of education records to
parents/eligible students upon request. The cost of producing copies of
the record to parents/eligible student will be 10 cents per page copied,
plus postage. Parents/eligible students who are unable to pay such fees
will not be denied access to education records. This fee, however, will
not prohibit a parent\'s or eligible student\'s opportunity for access
to the records if they are unable to pay for such copies. There will be
no charge to search for or to retrieve the education records of a
student.

I. Maintenance and Destruction of Education Records
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 RSU 1 shall maintain accurate and up-to-date education records as required by federal and state statutes and regulations.

1\. Records shall be maintained by personnel who are knowledgeable about
the applicable confidentiality. All records shall be safeguarded from
unauthorized access. Student records must be kept in fireproof storage
at the school or a duplicate set kept off-site.

2\. The high school transcripts of all former students shall be kept in
perpetuity by RSU 1**.** A permanent record of a special education
student's name, address, phone number, grades, attendance record,
classes attended, and grade and year completed shall be maintained
without time limitations. All other records will be maintained in
accordance with Maine State Rules for Disposition of Local Governmental
Records (Schedule L).

3\. RSU 1 shall not destroy any education record if there is any
outstanding request to inspect or review such records.

4\. Records of access to education records shall be retained as long as
the records themselves.

5\. RSU 1 shall inform parents of students with disabilities when
education records are no longer needed to provide educational services
to the student or to demonstrate that the school has provided the
student with a free appropriate public education as required by law. At
that point, the records may be turned over to parents/eligible student
upon their request, or destroyed in accordance with the parent's request
or school unit procedures.

J. Complaints
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 The United States Department of Education maintains an office that handles complaints about alleged violations of FERPA by local school units. Complaints regarding violations of rights accorded parents/eligible students may be submitted in writing to: Family Policy Compliance Office Department of Education 400 Maryland Avenue, S.W. Washington, D.C. 20202

Legal Reference: 20 U.S.C. § 1232g; 34 C.F.R. Part 99

20 U.S.C. § 7908
 20-A M.R.S.A. § 6001, 6001-B Me. Dept. of Ed. Rules, Ch. 101, 125 Maine State Archives, Rules for Disposition of Local Governmental Records (Schedule L)

Adopted: September 26, 2011

Reviewed:	October 31, 2024