Policies and Procedures Handbook


Last Updated: 4/15/2005
Garrett County Public Schools
40 South Second Street
Oakland, MD 21550
(301)334-8900

 

CONFIDENTIALITY OF STUDENT RECORDS

Administrative Procedures

  1. GENERAL RECORDS ADMINISTRATION

            A. Introduction

                1. Individual (Pupil) Student Records
                2. Procedures for Administration
                3. Confidentiality
                4. Access of Parents
                5. Retention, Disposition, and Destruction of Student Records
                6. Definitions

            B. Annual Notification of Rights

  1. MAINTENANCE OF STUDENT RECORDS

            A. Types of Data in Pupil Folders
            B. Types of Student Folders

                1. Cumulative
                2. Confidential
                3. Health
                4. Discipline
                5. Other Educational Folders
                6. Personal Files Kept by Professionals
                7. Special Education Folder

  1. INSPECTION AND REVIEW OF STUDENT RECORDS; ACCESS OF RECORDS

            A. Access Right of Parents of Eligible Student
            B. Procedure
            C. Rights of Non-Custodial Parents

  1.  AMENDING STUDENT RECORDS

            A. The Purpose of the Hearing
            B. Conduct of Hearing
            C. Expunging or Correcting of Educational Records

  1. DISCLOSURE OR RELEASE OF PERSONABLY IDENTIFIABLE INFORMATION FROM STUDENT RECORDS

            A. Consent Required for Release
                1.  Fees for Student Records
                2.  Who Can Sign the Release
            B. Consent Not Required
            C. Release of Directory Information
            D. Record of Disclosure
            E. Waive of Rights

  1. APPENDIX

    I.    GENERAL RECORDS ADMINISTRATION

            A. Introduction

                1. Individual (Pupil) Student Records

                    The provisions of this policy are intended to preserve the right of students and parents to have full access to all official records about the student which are
                    maintained by the Garrett County Public Schools; to have removed from these records any information about the student which is determined to be
                    inaccurate or misleading; to enjoy confidentiality and privacy in regard to the disclosure of information contained in those records to outside agencies; and
                    to provide for efficient student records management.

                2. Procedures for Administration

                    Records shall be kept for individual pupils in accordance with rules and regulations of the State Public Schools (Maryland Pupil Data System - Manual of
                    Instructions and subsequent data systems).

                3. Confidentiality

                    Individual pupil records maintained by teachers or other school personnel under the provisions of this policy are to be confidential in nature, and access to
                    such records may be granted to professionals who are directly involved with the educational process of the individual student in a teaching,
                    guidance/counseling, or consulting situation. Individual pupil records, with the exception of such records as are designated as permanent, and with such
                    other exceptions as provided by the law, should be destroyed when they are no longer able to serve professionals who are directly involved with the
                    educational process of the individual student in a teaching, guidance/counseling, or consulting situation.

                4. Access of Parents

                    All records of a pupil maintained under the provisions of the policy, including confidential records, shall be available to that pupil's parent(s) or legal
                    guardian(s) in conference with appropriate school personnel. For purposes of this policy, the term "records" shall not include a teacher's or other school
                    personel's personal notes which are not made available to any other person.

                5. Retention, Disposition, and Destruction of Student, Records

                    Guidelines and standards for the retention and disposition of student records maintained under this policy shall be those adopted in the Records Retention
                    and Disposition Manual for Public School Systems of Maryland, current edition, and subsequent revisions. Individual student records which are not required
                    or specifically regulated by other state or local regulations shall be destroyed when they no longer serve professionals who are directly involved with the
                    educational process of the individual student in a teaching, guidance/counseling, or consulting situation subject to the following exceptions:

                    The agency or institution may not destroy any education records if there is an outstanding request to inspect and review them, by an eligible student, parent
                    or guardian.

                    Explanations placed in the educational record have the following limitations:

                    1. be maintained by the educational agency or institution as part of the education records of the student as long as the record or contested portion thereof is
                    maintained by the agency or institution, and

                    2. if the education records of the student or the contested portion thereof is disclosed by the educational agency or institution to any party, the explanation
                    shall also be disclosed to that party.

                6. Definitions

                    "Directory information" - student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized
                    activities and sports, weight, and height of member of athletic teams, date of attendance, degrees and awards received, the most recent previous
                    educational agency or institution attended by the student.

                    "Disclosure" - permitting any folder maintained and shared with Public Schools professionals

                    "Educational folders" - any folder maintained and shared with Public Schools professionals

                    "Eligible student" - a student who has attained eighteen years of age or is attending an institution of post secondary education

                    "Legitimate Educational Interest" - phrase deleted from policy. In its place the clause "professionals who are directly involved with the
                     educational process of the individual student in a teaching, guidance/counseling, or consulting situation," is inserted.

                    "Post Secondary Education" - beyond grade 12.

                    "Parent" - means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent of a student in the absence of a parent or
                    guardian.

                    "Personal notes" - those intended solely as an extension of memory, which are not shared in any physical form with any other person, which do not result in
                    any institutional or administrative decisions regarding the student, and which are not included or placed in the official records of the student.

                    "Personably identifiable" - means that the data or information includes (a) the name of a student, the student's parent or other family member; (b) the
                    address of the student; (c) a personal identifier, such as the student's social security number or student number; (d) a list of personal characteristics which
                    would make it possible to identify the student with reasonable certainty; or (e) other information which would make it possible to identify the student with
                    reasonable certainty.

                    "Party" -- individual, agency, institution or organization.

                    "Principal" - a staff member performing the assigned activities of the administrative head of a school to whom has been delegated major responsibility for the
                    coordination and direction of the activities of the school.

                    "Professional staff" - all personnel certificated by the Maryland State Department of Education.

                    "Recommendation" - means student information associated with a statement regarding post secondary education, training or occupational placement, and
                    any responses to ratings, questions or other items contained on applications for the purpose of such placement.

                    "Student" - any individual who is attending or has been in attendance at a public school in Garrett County for whom educational records or personally
                    identifiable information are maintained.

                    "Student Records" - those records which are directly related to a student and are maintained by the Board or a party acting for the Board.  Also, any
                    information recorded in any medium such as handwriting, print, tapes, film, microfilm and microfiche.

            B. Annual Notification of Rights

                An annual notice of this policy shall be made available to parents or eligible students in attendance no later than 45 days after the first school day for students
                each school year. If the primary or native language of the parents is other than English, the school will ensure that the parent is notified, in the primary or native
                language, of the policy including the right of confidentiality or personably identifiable information.

  1. MAINTENANCE OF STUDENT RECORDS

    A. Types of Data in a Pupil Record

            Information maintained about pupils ranges from the minimum necessary for the effective operation of the school system and implementation of the educational   
            program to that highly individualized information about some pupils that is needed for a specific purpose only.

            Information collected for all Garrett County Public School pupils includes:

        1. name of pupil, siblings
                2. address and telephone number of pupil
                3. names and addresses of parents (guardians), years of education and employment
                4. birthdate
                5. race/ethnic group membership
                6. enrollment and attendance data
                7. grades and courses completed and level of achievement
                8. standardized test results
                9. routine health information

            Information collected about individual pupils required to develop the most effective educational program may include reports such as:

        1. results of personality tests
                2. evaluation reports by teachers
                3. medical and/or psychological evaluations
                4. other assessment data or other data required for special services

    B. Types of Student Records

  1. Cumulative Folder

       a. Contents

            The pupil's cumulative folder includes as a minimum:

            (1) forms in the Cumulative Record System (CR Series) and/or in the Pupil Data System (PDS) completed in accordance with the Manual of Instructions for
            Cumulative and Permanent Records or the Maryland Pupil Data System - Manual of Instructions or the Maryland Student Records System - Manual of                
            Instructions as appropriate.  Included in all folders SR 1 through 4 (or CR/PDS equivalent), and grade reports.

            (2)  copies of reports to parents and correspondence to and from parents or eligible pupils.  In some cases the confidential folder may be a more appropriate
            choice.

            (3) a student's Individualized Educational Plan if  dismissed from special education services.

            (4) a form indicating the type(s) of folders that exist or have existed on such child.

            (5) records compiled on a student during the Special Education referral/screening/placement process must be maintained in the student's cumulative file if the
            student was found not to qualify for Special Education services.  Minimally, this information would include the referral from (SP 1), copies of assessment reports if
            assessments were recommended by the ARD, and parent permission for testing (SP 4) (as appropriate).

       b. Responsibility of the Principal or his designee are as follows:

            (1) collecting required data
            (2) establishing and maintaining complete and accurate records
            (3) assuring the security of each pupil's cumulative folder
            (4) authorizing individuals to review a pupil's cumulative folder

            (5) inspecting and updating student records when the student transfers from the school or is promoted to another school.

       c. Maintenance of the Cumulative Folder

           (1) The Pupil's cumulative folder is filed in close proximity to the principal's office, or counselor's office, and is accessible only to authorized personnel.  For each
           cumulative folder, the principal or his designee maintains a log showing the date and name(s) of individuals not employed by the Garrett County Public Schools
           who is/are granted access to the folder and the purpose of the folder review.  Refer to Policy Section V.D. Educational records will not be removed form the school
           without the expressed consent of the principal.

            (2) All data may be filed in a single folder if local conditions make such action desirable.  However, a separate folder for the pupil's health records will be
            established at the middle and high school levels.  (NOTE: If an employed health room assistant is assigned to an elementary school, a separate folder, as
            appropriate for health data, must be established since a health assistant is not authorized to have access to the total cumulative record file.)

             (3) Cumulative folders are reviewed minimally at the end of the pupil's fifth, eighth, and twelfth grade school years, prior to their transfer to another school, and
             upon withdrawal for any other reasons to assure that:

                    (a) prescribed data are being maintained for each pupil,
                    (b) the records are up-to-date, legible, complete, and in good usable condition
                    (c) no improper or derogatory statements are included,
                    (d) extraneous or no longer useful material is removed and destroyed
                    (e) the Director of Pupil Services makes arrangements for a periodic of audit of the cumulative folders maintained by the schools.  A report of the audits is
                    submitted to the principal and assistant superintendent of schools.

        d. Transferring Cumulative Records

            When a pupil transfers to another school, cumulative records are sent to the receiving school in accordance with the procedures outlined below.  Records are
            never given to the pupil or parent (legal guardian) for transfer, only a Maryland Student Transfer Record (SR 7) is given.  Child Abuse and Neglect Records are not
            to be part of a student's cumulative record.  Child Abuse and Neglect Records should never be transferred with the student's cumulative record.

            (1) Transferring Records to Another Garrett County School

                The sending school retains the Maryland Permanent Record card (CR 5) or a photocopy of the attendance record (CR 1, PDS 1 or SR 1), and records the
                withdrawal code and date on the SR 1, Side 2.  A copy of the subject performance information on Cards SR 2A, 2B or 3 should also be kept by the sending
                school until it has been that the receiving school is in possession of the original records. Folders are routinely sent to another Garrett County school for pupils
                who transfer as a result of promotion (elementary to middle or middle to senior high school) or boundary change.  Records of pupils who fail to report to the
                receiving school by September 30 are returned to the sending school.

                Records of pupils transferring for reasons other than promotion or boundary change are held until requested by the receiving school.

            (2) Transferring Records to Another Maryland Public School Outside Garrett County

                 Upon written request of the receiving school, the sending school:

                (a) removes all unnecessary information and checks for the completeness of the records

                (b) retains the CR 5 card or a photocopy of attendance information (CR 1, PDS 1, or SR 1) and subject performance information (CR 1, PDS 2, or SR 2A/SR
                2B/SR and 3 SR) until it has been verified that the receiving school is in possession of the original records.

                (c) sends the cumulative pupil folder to the Pupil Services office for Xeroxing and forwarding of the original to the receiving school. High schools follow steps (a)
                and (b), keep the record copies for their files, and forward the originals to the receiving school.

                (d) The following records are sent to the receiving school:

            *Personal Data (CR 2) or Personal and Family Information/Attendance Information (PDS 1) or Personal Data/Student's School Attendance Area (SR 1)

            *Maryland Achievement and Attendance Record (CR 1), Student's School Attendance Data (SR 1) and/or Subject Performance Information (PDS 2) and/or Annual
      School Performance Data Summary - Grade Levels PK - 5 (SR 2A), Annual School Performance Data Summary Grade Levels 6-8 (SR 2B) or Annual School
      Performance Data Summary - Grade Levels PK -- 8 (SR 2A) and/or Annual Secondary School Performance Data Summary - Grade Levels 9-12 (SR 3).

            *Standard Test Information (PDS 3) and/or Test Information (SR 4)

            *School Enrollment Information and Nonsubject Performance Information (PDS 4) and/or Student Activities/Awards Details (Optional Worksheet) (SR 3
             Supplement)

           *Physical Health Information/Referrals for Physical, Behavioral, or Psychological Reasons (PDS 5) and/or Health Screening Examinations and Evaluations (SR 5)

           *Health Inventory (PDS 6) and/or Health Inventory (SR 6)

           *Scoliosis Screening Test Form

           *Maryland Immunization Certificate Card

           *Early Identification material (if applicable)

           *Grade reports in K through 7.  For students 8 through 12 adequate grade information will be recorded on CR 1, PDS 2, or SR 2A, SR 2B, SR 3.  Therefore, send
             the first seven items for grades 8 through 12.

           *If applicable, special education program (IEP) and other educational information that indicates what steps are being taken or need to be taken to meet the various
            Maryland Public Schools requirements.

        (3) Transferring Records to a Private School or a School Outside of Maryland

            Upon written request of the receiving school, the sending school:

            (a) removes all unnecessary information and checks for the completeness of the records,

            (b) retains the CR 5 card and/or a photocopy of attendance information (CR 1, PDS 1 or SR 1, Side 2), Subject Performance information (CR 1, PDS 2, or SR
                 2A/SR 2B/SR 3), Standardized Test information (SR 4) and physical health information (SR 5, Side 1), SR 6, Maryland Immunization Record Card
                 and Scoliosis Screening Test Form

            (c) sends the cumulative pupil folder to Pupil Services office for xeroxing and forwarding of the copies to the receiving school. High schools follow steps (a) and
                 (b), keep the originals and send a copy of the records to the receiving school. The same records that are sent to another Maryland school outside Garrett
                 County are sent by mail to the receiving school.

        (4) Transferring of Records to Parties Not Mentioned in I. B. d. (1), (2), (3)

        All other requests for student records will require a signed release. Refer to Section V - Disclosure or Release of Personably Identifiable Information from Student
        Records.

    2. Confidential Folder

        The principal or his designee has primary responsibility for the establishment and maintenance of confidential pupil records. When the principal is in doubt as to
        interpretation of the policy on confidentiality, he/she will contact the Director of Pupil Services.

        a. Contents

        (1) When it is necessary to obtain special and exceptional information about an individual pupil, a confidential folder will be established for that pupil; and the
        principal or his designee will assure that any document placed in the folder is:

            (a) factual and objective
            (b) necessary for professional understanding of pupil
            (c) helpful in counseling with the pupil or his/her parent
            (d) dated and signed by the originator

        (2) The following documents, when required, are always maintained in a confidential file:

            (a) written referrals to Garrett County Health Department for special consultation regarding health problems of a non-routine nature and reports provided as a result
                 of such referrals.

            (b) written referrals to Pupil Services and reports from Pupil Services personnel

            (c) reports from public and private agencies (Juvenile Court, Mental Health, family counseling agencies, hospitals, and others)

            (d) verified reports of serious or recurrent patterns of behavior; teacher and counselor ratings and observations. (Reported behavior patterns and specific incidents
                 must be unambiguously described and clearly verified before they become part of the pupil record.)

            (e) Psychological evaluation

             (f) Early Identification information if the child has been referred to Phase II. This information will be maintained until the end of the third grade or longer if it
                 continues to serve a legitimate educational need.

        b. Responsibility of Principal

            (1) notifying the parents (legal guardians) or eligible pupil immediately when a confidential folder is established for a pupil. The written notification will:

                (a) include a statement as to why the confidential folder is being established.

                (b) inform the parents (legal guardians) or eligible pupil of their right of access to the file

                (c) state that the file will be destroyed when it is no longer useful to professionals who are directly involved with the educational process of the individual
                     student in a teaching, guidance/counseling or consulting situation and that the parents or eligible pupil will be notified by letter of its destruction.

                (d) state that the file will be routinely destroyed when the student graduates or reaches age 21 (whichever comes first) without written notification of its
                     destruction.

            (2) assuring that the collection of data, beyond that collected for all pupils, is authorized by the pupil's parents and/or the eligible pupil.

        c. Maintenance of the Confidential Folder

            (1) A pupil's confidential folder is kept in a secure place under lock and key, either in or in close proximity to the principal's or counselor's office, and is made
            available only to authorized persons. For each confidential folder, the principal maintains a log showing the date and name of individuals not employed by the
            Garrett County Public Schools who are authorized access to the folder and the purpose of the folder review. Educational records will not be removed from the
            school without the expressed consent of the principal

            (2) Confidential folders are not removed from the immediate area in which they are filed except with the written permission of the principal or his/her designee.

            (3) Data in the confidential folder is reviewed at the end of the pupil's fifth, eighth, and twelfth grade school years to insure that all data are legible and current and
            that improper, redundant, and no longer useful material is removed.

            (4) Material removed from the confidential folder is destroyed in a manner that prevents its being reconstructed and identified with the pupil concerned.

            (5) Contents of the confidential folder are reviewed prior to use in a conference with the parents (guardians) or student.

    d. Transferring Confidential Records

    (1) When transferring confidential material to another Garrett County public school, it must be contained in a sealed envelope clearly marked "Confidential" unless hand
    delivered, a double envelope must be used. The inside sealed envelope should be addressed to the recipient and marked "Confidential - to be opened by addressee
    only".

    (2) Copies of information in confidential folders will not be sent to a private school or a school outside Garrett County without the written request of the pupil's parent
    (legal guardian) or eligible student.

    (3) When the parent (legal guardian) or eligible student authorizes the release of confidential information to schools outside Garrett County, the information is sent by
    mail; and the date and name and address of the school to which the copies are sent are recorded.

    3. Health Folder

        The school health nurse or his/her designee has primary responsibility for the establishment and maintenance of student health records.

        a. Contents

            (1) Health Screening Examinations and Evaluations (SR 5)
            (2) Health Inventory (PDS 6) and/or Health Inventory (SR 6)
            (3) Maryland Immunization Record Card
            (4) Scoliosis Screening Test Form
            (5) Additional Records may include:

                (a) Parental and Physician Authorization Form - PS 3
                (b) Emergency Care Plan
                (c) Nursing Care Plan
                (d) Official correspondence from school to health care providers and parents related to health matters
                (e) School Sport Physical - required for anyone involved in interscholastic sports.
                (f) Release of Information Form
                (g) Annual Health Notification Form
                (h) Other pertinent health forms and reports*

            *Included only when applicable.

        b. Responsibility of Health Nurses

            (1) Notifying parents (legal guardians) or eligible student when a health folder is established for a pupil and annually thereafter.

            (2) Reviewing and adding to student records as necessary to meet student health needs and document school nursing service.
 

            (3) Establishing a personal file containing notes and memory pieces on a student for personal use only, which is confidential and kept in secure place with
                 access only to the school nurse. Personal files will be destroyed when no longer useful and/or student leaves school.

            (4) Keeping a confidential daily log of students/staff seen in the health room.

            (5) Keeping a cardex index or similar quick reference file on students in school. This file is confidential and information will be disclosed only as appropriate.

            (6) Keeping a school health notebook in each school. This notebook contains confidential information.

            (7) Preparing a confidential health services folder for the daily use of school staff providing direct care to students under his/her supervision.

        c. Maintenance of the Health Folder

            (1) A pupil's health folder is kept in a secure place under lock and key, either in or in close proximity to the principal's, counselor's or health nurse's office and is
            made available only to authorized persons.

            (2) Documented individual health progress notes as appropriate.

            (3) Reviewed annually to insure that all data is legible and current and that improper, redundant, and no longer useful material is removed.

        d. Transferring Health Folders

          These procedures are outlined in the transfer of the cumulative folder.

          4. Discipline Folders

          The principal and/or assistant principal(s) have the primary responsibility of establishment and maintenance of discipline records. Records of disciplinary actions
          taken are maintained for accounting purposes.

        a. Contents

            (1) Classroom discipline referral
            (2) Written notation of any punishment administered
            (3) Copy of suspension report and/or accompanying letter
            (4) Recommendation for expulsion letter

        b. Maintenance of the Discipline Folder

            (1) A pupil's discipline folder is kept in a secure place under lock and key, in the principal or assistant principal's office, and is made available only to authorized
            persons.

            (2) Discipline records except for suspension records are destroyed when the student leaves the elementary and middle schools.

            (3) Disciplinary action records at the high school shall be maintained for a maximum period of 1 year after date of graduation and then destroyed or two years from
            date of withdrawal if a student withdraws from school.

        5. Other Educational Folders

            Any educational folder maintained on a given child will be so indicated on the form found in the child's cumulative folder. At the end of each school year, the folder
            (s) generated on any given child will either be placed in the child's cumulative folder or filed as a group in the same filing area. (i.e.: a Special Education folder
            would be placed in the appropriate child's cumulative folder all of the Special Education folders of a given teacher would be filed as a group in the same area as is
            the cumulative folder.)

        6. Personal Files Kept by Professionals

            Administrators, counselors, teachers, psychologists, nurses, Pupil Services personnel and social workers may maintain personal files containing notes,
            transcripts or interviews, clinical diagnoses, and other memory aids for their own use when counseling pupils.

        7.  Special Education Folder

            a. Contents

            The pupil's Special Education folder may include the following information depending on the circumstances of the referral, the amount of time in Special
            Education, and whether or not various functions are combined during the same meeting. The form or information that is preceded by an asterisk (*) is necessary
            for all special education children.

            (1) *SP 1 Referral for Special Education Services -- This information may be combined with the referral notice in some cases.

                 *SP 2 Notification Letter: purpose of meeting.

                 *SP 4 Parent Authorization for Diagnostic Services -- There must be some type of Assessment information (doctor's note, etc.) before a child can receive any
                  special education services.

                  *SP 5-1, 5-2, 5-3 -- ARD/IEP Committee Report

                  *SP 6 Specific Learning Disability Assessment Team Report (for SLD students only)

                  *SP 7 Classroom Observation (for SLD students only)

                  *SP 8-1 and 8-2 Individual Education Plan (IEP) Cover Sheet and Notice of Assessment Results Form to Parents

                  *SP 9 Individual Education Plan (IEP)

                  *SP 1OR Parent Authorization for Additional Evaluations

                  *SP 11 Documentation of Procedures Used by the School to Involve Parents in the IEP Process

                  *SP 12 Notification to Parent of Proposed Change in IEP

                  *SP 13 Notification to Parent for Re-assessment

                  *SP 14 Suspension/Expulsion Procedures for Special Education Students

                  *SP 15 Application for Special Education Appeal Hearing

        (2) Unless a student (18 years of age or older) or parent objects, special education records will be destroyed five (5) years from a student's dismissal from special
        education or five (5) years from graduation.

        (3) Assessment Reports --

            An assessment report must exist for each service indicated as being recommended or provided on the SSIS form;

            Assessment reports include:

            (a) Handicapping Report,
            (b) Educational Assessment,
            (c) Specific Learning Disability Assessment Team Report if child is categorized as SLD
            (d) Classroom Observation if child is categorized as Specific Learning Disabled, and
            (e) Related Services Reports, as necessary.

        (4) Special Services Information System Form (SSIS)

        (5) Annecdotal Records, as appropriate

    b. Responsibility of the Principal or his/her designee are as follows:

        (1) assuring the security of each pupil's special education folder;
        (2) authorizing individuals to review a pupil's special education folder;
        (3) check on completeness and accuracy of records before he/she accepts them from ARD Team; and
        (4) maintaining complete and accurate records once he/she accepts them from local Admission, Review and Dismissal (ARD) Team
        (5) Make sure IEP is routinely updated.

    c. Admission, Review and Dismissal Team's Responsibility are as follows:

        (1) initially prepare the special education records in accordance with Federal, State and County Bylaws, and regulations;
        (2) check for the completeness and accuracy of the records on at least a yearly basis; and
        (3) assign the person(s) responsible to make the necessary corrections in special education folders.

    d. Maintenance of Special Education Folder

        (1) The pupil's Special Education folder is filed in close proximity to the principal's office, and is accessible only to authorized personnel. For each special education
        folder, the principal or his/her designee maintains a log showing the date and name(s) of individuals not employed by the Garrett County Public Schools or covered
        under Section V.B. of this policy who is/are granted access to the folder, and the purpose of the folder review.

        (2) Special Education folders are reviewed upon withdrawal, transfer, and/or upon the updating of the handicapping report to assure that:

            (a) prescribed data are being maintained for each pupil;
            (b) the records are up-to-date, legible, complete, and in good usable condition;
            (c) no improper or derogatory statements are included;
            (d) extraneous or no longer useful material is removed and destroyed.
            (e) The Director of Pupil Services make arrangements for a periodic audit of the Special Education folders maintained by the schools. A report of the audit is
                 submitted to the principal and to the Assistant Superintendent of Instruction.

    e. Transferring of Special Education Records

        When a pupil transfers to another school, special education records are sent to the receiving school in accordance with the procedures outlined below. Records are
        never given to the pupil or parent (legal guardian) for transfer.

        (1)  Transferring Records to Another Garrett County School

        Folders are routinely sent to another Garrett County School for pupils who transfer as a result of promotion (elementary to middle or middle to senior high school) or
        boundary change. Records of pupils who fail to report to the receiving school by September 30 are returned to the sending school. Records of pupils transferring for
        reasons other than promotion or boundary change are held until requested by the receiving school.

        (2) Transferring Records to Another Maryland Public School Outside Garrett County

            Upon written request of the receiving school, the sending school;

            (a) will forward the entire special education folder if PK, elementary or middle school student to the Office of Pupil Services following the updating of the IEP; and
            (b) the ARD Team will update the SSIS form and forward it to the State Department of Education,
            (c) the Office of Pupil Services will forward the following special education information to the receiving school as will the high schools:

                i) Evaluation reports for each service recommended,
                ii) Individual Education Plan (IEP),
                iii) Conference Notes, as appropriate.

            (d) the originals of the above items mentioned in (2)(c), i, ii, and iii will be forwarded to the receiving school; and copies will be maintained in the Pupil Services
            office at the Garrett County Public Schools for PK - middle and at the high schools for their respective population.

        (3) Transferring Records to a Private School or a School Outside of Maryland

            Upon written request of the receiving school the sending school:

            (a) follows the ame procedure as outlined in (2)(a), (b), and (c) above; and
            (b) sends copies to the receiving school and the originals will be maintained at the Pupil Services office and at the respective high schools

        (4) Transferring of Special Education Records to parties not mentioned in 5 e. (1), (2), and (3)

            All other requests for student special education records will require a signed release. Refer to Section V - Disclosure or Release of Personally Identifiable
            Information from Student's Records.

    f. Working Special Education Folders

        In most cases the person providing direct services to the student will maintain a folder on that student. This folder may contain the following information as
        appropriate:

        (1) Copy of student's IEP or part of the IEP that pertains to that professional's service(s);
        (2) Test protocols of tests administered by the service provider and not part, of ARD Team's Assessment process. (These test results will become part of the end-of-
             the-year review report.); and
        (3) Other information that the teacher feels is necessary.

    III. INSPECTION AND REVIEW OF STUDENT RECORDS; ACCESS OF RECORDS

        The Public Schools of Garrett County, through its Institutions of PK, elementary, middle and secondary education, may presume that either parent of the
        student has authority to inspect and review the educational records of the student unless the local school has been provided with evidence that there is a legally
        binding instrument or a State law or court order governing such matters as divorce, separation, or custody, which specifically states that the non-custodial parent
        not be informed of or have access to the educational records of the student.

    A. Access rights of parents or eligible students shall consist of:

        1. The right to inspect and review education records.
        2. The right to obtain a copy of the education records at a reasonable charge.
        3. The right to a response from the educational institurion or agency to reasonable requests for explanations and interpretations of the education records.
        4. The right to a hearing to challenge the content of a student's education records.
        5. The right to review and inspect only information relating to the student whose record is being reviewed shall be released from any record. Should information in the
            file pertain to any other student his/her name(s) will be blotted so that it/they are not identifiable.
        6. The right to bring a lawyer or other advocate during inspection and review of education records.

    B. Procedure for gaining access to education records:

        1. A parent or eligible student, seeking access to education records, may make a request to the custodian of the records. However, prior to the education records
            being shown, the parent or eligible student must request, in writing, a time to review the education records.
        2. Access to the education records requested shall be granted within a reasonable period of time, but in no case more than 20 days after the receipt of a written
            request by the custodian of the education records.

    C. Rights of Custodial Parents

        1.  If the parents are separated, divorced or otherwise living apart, the local school system shall permit both the custodial and non-custodial parent to inspect and
            review the education records of the student in accordance with Inspection and Review of Student Records: Access of Records, III.A. and III.B., above.

        2. If a non-custodial parent requests copies of school-related information which is normally provided to the custodial parent, the local school system shall provide the
            non-custodial parent copies of the information.

        3. For purposes of this administrative procedure, "school-related information provided to a custodial parent" means:

            a. Documents which are regularly provided to the custodial parent at school meetings, by mail, or by sending home with the student, such as statements on
                students and parent rights and responsibilities; school newsletters; school calendars; and notices of parent conferences, open houses, and plays; and
           
b. Those education records which are provided to the custodial parent such as report cards; disciplinary notices; and special education notices.

        4. The local school may require a non-custodial parent, who requests to be provided with copies of school-related information provided to the custodial parent, to:

            a. Pay a reasonable fee established by the principal at the beginning of the school year for copying and mailing the documents; or
            b. Sign an agreement to reimburse the local school system at the end of the school year
for the costs of copying and mailing the documents.

        5. The local school shall waive any fees if the non-custodial parent files a notarized statement that the parent is unable to pay such fees.

        6. If the custodial parent provides the local school with a copy of a court order or legally binding instrument such as a separation agreement (or the relevant parts of
            the document) which provides that the non-custodial parent may not have access to the student's education records or other school-related information, the local
            school may not disclose the education records or the school-related information to the non-custodial parent.

    IV. AMENDING SCHOOL RECORDS

        Parents of students and eligible students who are or have been in attendance at an educational institution of the Public Schools of Garrett County shall have an
        opportunity for a hearing to challenge the content of such student's education records.

        A.  The purpose of a hearing shall be to insure that the education records are not accurate

        B. Conduct of Hearing

            1. Informal Meeting:

                The principal of the school shall attempt to settle a dispute with parents of a student or the eligible student, regarding the contents of the student's education
                record through an informal meeting with the parents or eligible student.

            2. Formal Hearing:

                If the matter cannot be settled in a satisfactory manner in the informal meeting, either the principal or his/her designee, the parents or the eligible student may
                appear to the Public Schools of Garrett County.  A hearing shall be conducted by the Superintendent of Schools or his/her designee.  This hearing shall be
                held and a response forthcoming within 20 days of a written request for the hearing.

        C. Expunging or correcting of education records, determined by agreement or by hearing of the ruling officer to be inaccurate, misleading or otherwise in violation of
            student's right to privacy, shall be done by the educational institution. The parent or eligible student shall be informed in writing of the action taken, if any. The
            parent/eligible student may have included as part of the pupil's records their comments about the records in question.

    V. DISCLOSURE OR RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION FROM STUDENT RECORDS

        Institutions of elementary and secondary education of the Public Schools of Garrett County shall not permit access to, or release of, education records of
        students, or personally identifiable information contained therein (other than directory information), without the written consent of the parent or the eligible student.
        Education institutions of Garrett County, however, shall make available to officials of other elementary or secondary schools or another school system in which the
        student seeks or intends to enroll the cumulative records of that student. The institution of elementary and secondary education of the Public Schools of Garrett
        County will forward without written consent cumulative records on request to a school in which a student seeks or intends to enroll.

        A.  Consent Required for Release

            Where the consent of parents or eligible students is required for the release of education records, the consent must:

            *be written, signed, and dated
            *specify the education records to be released
            *state the purpose(s) for other release of education records
            *indicate the part or class of parties to whom release of education records is to be made.

        1. Fees for Student Records

        Copies of the educational records shall be provided to a parent or guardian or other parties as indicated, in writing, by the parent for a nominal fee. This fee shall be
        10 cents per page
copied.

        2. Who Can Sign the Release

            a. Where parents are separated or divorced, a written parental consent may be obtained from either parent, subject to any agreement between such parents or
                court order governing the rights of such parents.

            b. In the case of a student whose legal guardian is an institution, a party independent of the institution shall be named, pursuant to law, to give written parental
                consent required.

        B. Consent Not Required

            1. The following are parties to whom education records may be released without the written consent of parents or the eligible student, if the disclosure is:

                a. to professionals of the Garrett County Public Schools who are directly involved with the educational process of the individual student in a teaching,
                    guidance/counseling, or consulting situation,
                b. to officials of another school or school system in which the student seeks or intends to enroll,
                c. in compliance with a judicial order or subpoena provided that the education agency or institution makes a reasonable effort to notify the parents or eligible
                    student,
                d. to authorized representatives of:
                    1) The Comptroller General of the United States,
                    2) The Secretary of the Department of Health, Education and Welfare,
                    3) State educational authorities,
                    4) The Commissioner, the Director of the National Institute of Education, or the Assistant Secretary for Education.

                e. to determine the eligibility of the student for financial aid, the amount of the financial aid and the conditions which will be imposed regarding the financial aid,
                    or to enforce the terms or conditions of the financial aid,

                f. in connection with a student's application for or receipt of financial aid,

                g. to State and local officials or authorities to whom such information is specifically required to be reported or disclosed,

                h. 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, and improving instruction, provided that such studies are conducted in a manner which will not permit   
         the personal identification of students and their parents by individuals other than representatives of the organization and the information will be destroyed
         when no longer needed for the purposes for which the study was conducted,

                i. to accrediting organizations, in order to carry out their accrediting functions,

                j. to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954. Parents desiring access to records under this provision
                   shall furnish the educational institution with proof of the dependent status of the student. Such proof may be provided by a copy of the income tax record or a
                   notarized affidavit attesting to the dependent status of the student,

               k. to appreciate persons in connection with a health or safety emergency, if the knowledge of such information is necessary to protect the health or safety of a 
                   student or other persons. Factors to be taken into account in determining whether records of a student may be released include:

        1) the seriousness of the threat to the health or safety of the student or other persons,
        2) the need for such records to meet the emergency,
       
3) whether the parties to whom such records are released are in a position to deal with the emergency, and
        4) the extent to which time is of the essence in dealing with the emergency.

                Such records of disclosure shall be available only to parents or eligible students, to the school officials and their assistants who are responsible for the
                custody of the records and/or to persons in organizations authorized to inspect such records.

    2. Student records designated as Directory Information is disclosed for legitimate educational purposes. Directory information shall be provided for institutions of       higher education and military recruiters, for the purpose of informing eligible students of post high school educational opportunities.  (No Child Left Behind Act of
      2002, Public Law 107-110, Section 9528) Directory information may also be disclosed to prospective employers and to businesses officially recognized by the
      schools as requiring legitimate contact for purposes of graduation activities, yearbook production, and alumni associations of schools in the organization of
      class reunions.

    C. Release of Directory Information

            Directory Information means the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized
            activities and sports, weight and height of members of athletic teams, date of attendance, degrees and awards received, the most recent school attended by the
            student, and other similar information. Directory Information may be made public without the consent of parents or eligible students. (Family Educational Rights
            and Privacy Act of 1974, Public Law 90-247, as amended.)

     Any parent or eligible student who does not want the institution of elementary or secondary education to release Directory Information without the prior written
   
consent of the parents or eligible student, must so notify the custodian of the education records within 30 days after the advertisement of the categories of Directory           Information. This notification by the parent must be submitted initially and annually on an official Directory Information form.

            D. Record of Disclosure

            For each request for and each disclosure of personally identifiable information from the education records of a student, an educational agency & institution shall
                record:

            1. The parties who have requested or obtained personally identifiable information from the education records of the student,
            2. The legitimate interests these parties had in requesting or obtaining the information, and
            3. The educational agency or the school shall maintain a record which shall be kept with the educational records of the student. This record shall indicate: the
                name of the party who requested and/or obtained personally identifiable information, the date access was given, the purpose for the request and records to
                which access was granted.

    The foregoing does not apply to disclosures to a parent, to the eligible student, or to parties listed under Section V.B. of this policy, disclosures pursuant to the
    written consent of a parent of a student or an eligible student when the consent is specific with respect to the party or parties to whom the disclosure is to be made,
     disclosures to school officials under Section V.B. of this policy, or to disclosures of directory information under Section V.C. of this policy. Such record of
    disclosures shall be available only to parents or eligible students, to the school officials and their assistants who are responsible for the custody of the records, and
    to persons and organizations authorized to inspect such records.

    E. Waiver of Rights

        A parent of a student or an eligible student may waive any of his/her rights with respect to educational records so long as the waiver is in writing and signed. If a
        parent or an eligible student executes a waiver, that waiver may be revoked by the student at any time after he/she becomes an eligible student.

*"Health room assistant" - - refers to an assistant employed by the Garrett County Public Schools, Garrett County Health Department or the Maryland State Department of Health.

Release of Information

Request To Review Student Records  Adobe Acrobat is required to view this chart.  Download free at http://www.adobe.com/products/acrobat/readstep2.html )

 


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Pupil Services 474.21 AAC
Adopted
Revised 8/13/81, 10/8/87, 7/14/88, 7/90, 8/13/91