I. Definitions of Records
a. “Pupil records,” as defined by s.118.125, Wisconsin Statutes, means all records relating to individual pupils maintained by an elementary or secondary school, but does not include notes or records maintained for personal use by a teacher or other person who is required by the department under s.115.28(7), Wisconsin Statutes, to hold a certificate, license, or permit if such records and notes are not available to others. Nor does it include records necessary for, and available only to, persons involved in the psychological treatment of a pupil.
b. “Behavioral records,” as defined by s.118.125, Wisconsin Statutes, means those pupil records which include psychological tests, personality evaluations, records of conversations, any written statements relating specifically to an individual pupil’s behavior, tests relating specifically to achievement or measurement of ability, the pupil’s physical health records, and any other pupil records that are not progress records. Under the rules for implementing Chapter 115, Wisconsin Statutes, s.PI 11.05(2)(c), the behavioral records include referral information (including notices and forms), signed parental consent or refusal for evaluation, multidisciplinary team findings and reports, individualized education programs, placement decisions and signed parental consent or refusal, medical evaluations and prescriptions required to substantiate health treatment services (presently needed for approving related services of occupational or physical therapy), medical evaluations used to substantiate a determination of disability and handicapping condition, and physician’s statements required for provision of special education homebound instructional services.
c. “Progress records,” as defined by s.118.125, Wisconsin Statutes, means those pupil records that include the pupil’s grades, a statement of the courses the pupil has taken, the pupil’s attendance record, and records of the pupil’s school extracurricular activities.
d. “Directory” data, as defined by federal regulations, means those pupil records that include the pupil’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, dates of attendance, photographs, degrees and awards received, and the name of the school most recently attended by the pupil.
e. “Parent” means parent, guardian, or other individual as appointed by the court to act on behalf of a minor child.
f. “Adult student” means a student who has attained the age of 18 or is attending an institution of post-secondary education. For purpose of this policy, adult students have all the rights accorded to parents.
II. Maintenance of Pupil Records/Procedures
a. The District Administrator shall have primary responsibility for maintaining the confidentiality of records. The case manager will maintain a copy of the official behavioral records, also. Copies of individualized education programs will be maintained in the classroom, All records shall be maintained in locked files.
b. All behavioral records will be destroyed one year after the student graduates or last attends school except with written parent or adult student permission to retain them. Directory data and progress records will be maintained for five years after the student graduates or last attends school.
c. Pupil records shall be reviewed annually by the District Administrator, building principal or designee. The case manager shall be responsible for reviewing records of children with exceptional educational needs. Information that is no longer needed to provide educational services to the child will be destroyed after one month notification to the parents.
d. Records will be sent within five working days of receiving notice that a student has enrolled in another school. Parent permission is not required but parents will be notified that the records have been sent.
III. Access Rights
a. Parents shall be permitted to review and inspect any education records relating to their child. If the record contains information on more than one child, parents; shall only have access to the information about their child.
b. The District will respond to written parental requests for record review without unnecessary delay and in no case more than 45 days after the request is made. The District Administrator, building principal, case manager or designated staff member will discuss the records with the parents. Parent representatives shall also have this right.
c. The District shall presume that either parent has authority to review their child's record unless the District has been advised that a parent does not have authority under applicable state laws governing guardianship, separation, or divorce.
d. Parents shall not be charged for search or retrieval of information but may be charged 30 cents per copy. A parent will not be charged for copies if such a fee prevents them from exercising their right to have copies.
e. The District provides to parents, on request, a list of the types and locations of educational records collected, maintained, or used by the District.
f. A record of access will be maintained for each student's file. This record will include the name of the party, date access was given, and the purpose for which the party was authorized to use the record.
g. The District Administrator shall maintain an updated list of staff by name and title who have access to pupil records.
h. The District will release access in the following situations:
1. The judge of any court in Wisconsin or of the United States shall, on request, be provided by the District clerk a copy of all progress records of a pupil who is the subject of any proceeding in such court.
2. Pupil records may be made available to persons employed in the school which the pupil attends who are required by the Department of Public Instruction under s.115.28(7), Wisconsin Statutes, to hold a certificate, license, or permit.
3. On the written permission of an adult pupil or the parent or guardian, the school shall make available to the person named in the permission the pupil's progress records or such portions of his/her behavioral records as determined by the person authorizing the release.
4. Pupil records shall be provided to a court in response to subpoena for inspection. The court may turn said records, or parts thereof, over to parties in the action or to their attorneys if these records would be relevant and material to a witness' credibility or competency.
5. The Board may provide the Department of Public Instruction or any public officer with any information required under Chapters 115 and 121 of the Wisconsin Statutes.
6. Information from school health records shall be made available to state and local health officials to carry out the purposes of s.140.05(16), Wisconsin Statutes.
7. Annually, on or before August 15, the District shall report to the appropriate community services boards established under s.51.42 and s.51.437, Wisconsin Statutes, the name of any child, age 16 and over, who is a resident of the District, is not expected to be enrolled in the District two years from the date of the report, and who may require services described under s.51.42(5) or s.51.437(1), Wisconsin Statutes.
8. Directory data may be disclosed to any person, if the school has given public notice of the categories of information which it has designated as directory data with respect to each pupil and has allowed a reasonable time thereafter for the parent of any pupil to inform the school that all or any part of the directory data may not be released,
IV. Amendments to pupil Records/Procedures
a. A parent who believes that the educational information/records collected, maintained, or used are inaccurate, misleading, or violate the privacy or other rights of the child, may request the District amend the records. The District shall decide whether to amend the information within a reasonable period of time after receipt of the request (no more than 45 days).
Legal Ref: PL 94-142, 34 Code of Federal Regulations (CFR)
Family Educational Rights and Privacy Act (FERPA)
Wisconsin Statutes 118.125, 118.126, 118.127
First Reading: June 2, 2009
Second Reading: July 21, 2009
Date Adopted: July 21, 2009
For the Board: Tom Steiner, President; Lynn Jaeger, Vice President; Cole Marshall, Clerk; Bill Barhyte, Treasurer; Sue Giovanni, Member