SUSQUEHANNA TOWNSHIP SCHOOL DISTRICT
Harrisburg, Pennsylvania 17109POLICYCONFIDENTIALITY OF EDUCATIONAL RECORDS OF EXCEPTIONAL STUDENTS
The purpose is to insure the rights of students and parents in the confidentiality of school records and to guarantee them access, the right to challenge and amend, and receive copies of records maintained by the school.
All student information collected by the Susquehanna Township School District will be use for legitimate educational purposes including instruction, guidance, or research. It will be collected and treated with complete confidentiality as prescribed by the Pennsylvania State Board of Education (22 Pa. Code ch. 2) the Federal Family Educational Rights and Privacy Act of 1974, and Federal Law 94-142. District-wide collection of data such as standardized group achievement and aptitude tests and screening programs related to health and Title I services will be authorized by representational consent of the school board.
I. Confidentiality for Educational Records of Exceptional Students.
The following words and phrases, as used in this policy, shall have, unless the context indicates otherwise, the following meanings:
Destruction – The physical destruction or permanent removal of personality identifying data from the education records of a student so that the information in those records is no longer personally identifiable.
Directory Information - Includes the following information relating to a student: the student’s name; address; telephone number; date and place of birth; participation in school clubs; activities; sports, weight, and height of members of athletic teams; dates of attendance; degrees and awards received; the most recent previous educational institution or district attended by the student; and other similar information.
Education records or records – Education records, as defined in 20 U.S.C. 1232g-1232i (1970) and 45 C.F.R. Part 99 (1976), of an exceptional student: (i) who receives or has received special education and related services from a school district or an intermediate unit, (ii) who is enrolled or has been enrolled, as per section 1376 of the Public School Code of 1949 (24 P.S. 13-1376) and the regulations, standards, and guidelines thereto, in an approved private school for exceptional students; (iii) who is enrolled or has been enrolled in program of special education operated by the Department; or (iv) who is enrolled or has been enrolled in the Scranton State School for the Deaf.
Educational agency or agency – The following:
(i) A school district or an intermediate unit and any component part thereof which collects, maintains, or uses an exceptional student’s education records containing personally identifiable information or from which such records or information is obtained.
(ii) An approved private school and any component thereof which, with regard to an exceptional student who is enrolled or has been enrolled in the approved private school as an approved placement student according to the provisions of section 1376 of the Public School Code of 1949 (24 P.S. 13-1376) and the regulations, standards and guidelines thereto, collects, maintains, or uses the exceptional student’s education records containing personally identifiable information or from which such records or information is obtained.
(iii) The Department and any component thereof, to the extent that the Department collects, maintains, or uses an exceptional student’s education records containing personally identifiable information or releases such records or information.
(iv) The Scranton State School for the Deaf and any component thereof, to the extent that Scranton State School for the Deaf collects, maintains, or uses an exceptional student’s education records containing personally identifiable information or releases such records or information.
Personally Identifiable – The data or information includes:
(i) The name of a student or the name of any of the student’s family members; (ii) the address of the student; (iii) a personally identifying piece of information such as the student’s telephone number or social security number; (iv) a list of those personal characteristics which would make the student’s identity easily traceable by a person who was not already familiar with the student’s identity; or (v) other information which would make the student’s identity easily traceable.
Release – The giving of access or the transfer, disclosure, or communication of the student’s education records, in whole or in part, which contain personally identifiable information to any party by any means.
Student – Any exceptional school age person or pre-school pupil with respect to whom an educational agency maintained education records.
Susquehanna Township School District has developed this plan that contains policies and procedures for the collection, maintenance, release, and subsequent destruction of education records.
1. The plan shall reflect the relevant provisions of 22 Pa. School Code CH. 341 and will be submitted to Pennsylvania Department of Education for approval.
2. The plan shall be updated or revised as necessary. Any updated or revised plan shall be made prior to the start of the school year or as requested by the Department.
3. The district shall protect the confidentiality of personally identifiable information at the collection, storage, disclosure, and destruction stages of that information.
II. Parent Access Rights
A. Susquehanna Township School District, upon request of a parent, shall permit the parent to inspect, review, or
copy any educational record relating to the exceptional child or children of that parent when such record is
collected, maintained, or used by the district. The school shall comply with the request within 30 days after the
request is received.
B. The right to inspect, review, or copy education records under subsection (A) of this section includes:
1. The right of a parent to request and receive from the school district a reasonable explanation of information obtained in the education records of the child.
2. The right of the parent to be provided, on request, with a copy of all or part of the education records of the child.
3. The right of a parent to designate a representative who will inspect, review, or copy the records.
C. If a parent requests copies of education records form the district, the school may charge the parent a reasonable
cost which is not to exceed the actual expense of the duplication, reproduction, or photocopying. However, no
cost shall be charged to a parent, which would effectively prevent the parent form inspecting and reviewing the
record or records. No cost shall be charged to a parent for the search or retrieval of records.
D. A parent shall have the right to request a list of the types and the location of the child’s educational records
collected, maintained, or utilized by the district.
E. At the discretion of the district and for verification and records keeping purposes only, the district may require all
parents to put into writing:
1. Their oral request to inspect, review, copy, or receive copies of education records.
2. Their oral designations of a representative.
3. Their oral requests under subsection (D) of this section, for a list.
F. Records on more than one child. If any education record includes information on more than one child, the
parents of those children shall have the right to inspect and review only the information relating to their child or to
be informed of that specific information.
1. A parent shall have the right to copy form or receive a copy of an education record originally containing information on more than one child.
2. Prior to the parent copying or receiving a copy of a record on more than one child, the district shall delete, remove, or obscure form the records or its copy all personally identifiable information concerning any child who is not the child of such parent.
III. Student Access Rights
Whenever a student has attained 18 years of age or is attending an institution of post-secondary education, the rights accorded to and the consent required or the parent of the student shall thereafter only be accorded to and required of the student.
IV. Access Record
A. The district shall keep a record of parties who have obtained access to those educational records of a student that are collected, maintained, or used by the district. The access record shall include the name of the party, the date access was given, and the purpose for which the party was allowed to use the records.
B. A parent shall have the right to inspect the access record kept of the education records of his child.
C. A record of either the authorized employees of the district or the student’s parents, who have gained access to the education records of a student, is not required.
D. The school district shall maintain, for public inspection, a current list of the names and positions of those agents and employees of the district who are authorized by the district to have access to personally identifiable information.
V. Maintenance of Records
A. The Director of Pupil Services will be assigned the responsibility of maintaining education records on students and insuring that those records; confidentiality policies and procedures established under §341.61 (b) of this title (relating to confidentiality of education records of exceptional students) are enforced and administered. This official shall:
1. Annually notify parents of the policies and procedures of the district regarding student education records and the rights of parents under both Pennsylvania and federal law concerning the confidentiality of education records of exceptional students.
2. Develop a system of safeguards, which will protect the confidentiality of personally identifiable information at the point of collection, storage, release, and destruction.
3. Provide training and instruction in the implementation of federal, Pennsylvania, and local records policy requirements for all district personnel who collect or use personally identifiable information.
4. Maintain for public inspection a current listing of the names and positions of those agents and employees of the district who are authorized by the district to have access to personally identifiable information.
B. Destruction of records will follow these guidelines:
1. The school district shall inform the parents of a student when personally identifiable information in the records of the student is no longer relevant to and necessary for the provisions of educational services to the student.
2. Upon the request of the parents, information no longer relevant to and necessary for the provisions of educational services to the student must be destroyed by the district. However, a written record of a student’s name, address, phone number, grades, attendance records, classes attended, grade level completed and year completed must be maintained for at least 100 years, beyond the date the student attains the age of 21.
3. Except as is stated in paragraph (2) of this subsection, nothing in this section shall be constructed to mean that the district is required to destroy education records.
4. Prior to the destruction of the information referred to in paragraph (2) of this subsection, the district shall send written notification to the parents which shall inform the parents of their right to receive a copy of the material to be destroyed.
5. No district shall destroy education records containing information necessary for the education of a student who is enrolled or has been enrolled in an education program operated by that district.
VI. Release of Information
A. Written parental consent shall be obtained by Susquehanna Township School District before education records or personally identifiable information contained therein is released by the district to any party unless:
1. Such release is authorized by 20 U.S.C. §§1232g-1232i (1970) and 45 C.F.R. Part 99 (1976).
2. The information released is directory information and the release is made under the conditions specified in §341.68 of this title (relating to directory information).
3. The district releasing the information or records is an approved private school and the district receiving the information or records is the student’s school district of residence, the student’s intermediate unit, or the Department, if the receiving district has requested the information in order to review, re-evaluate, or monitor the student’s placement, educational progress, or enrollment status at the approved private school.
4. The district requesting the information or record is a school district in which the student is enrolled or seeks to be enrolled.
B. If, under this section, parental consent is required for release of information, prior to requesting consent, the releasing district shall provide the parent with a concise, written explanation which shall include a general description of the information or record to be released, the form of the release, the reason the release was requested, the party or district requesting the release, and the party or district to which the release is to be made.
C. If an approved private school in which the student is enrolled is requesting by either the student’s school district of residence, the student’s intermediate unit, or the Department to release information from the record of the student, the approved private school shall comply with the request within seven days of the receipt of the request.
D. If a school district in which the student is enrolled or seeks to be enrolled requests that the district release information from the record of the student, the district shall comply with the request within seven days of its receipt of the request.
VII. Directory Information
A. Former student. The school district may, without parental consent, release information from the education records of an individual no longer enrolled in that school if the information is directory information.
1. Personally identifiable information may be included in the information release under this subsection so long as the personally identifiable information falls within the categories included in the definition of directory information.
2. If the individual re-enrolls in the school as a student, any further release of directory information shall be accomplished in accordance with the provisions of subsection (B) of this section if those provisions had not been satisfied during the period of previous enrollment.
B. Present student. The district may, without parental consent, release personally identifiable information from the education records of student who enrolled in the district if that information has been designated as directory information under the procedures stated in subsection (C) of this section.
C. Designation of directory information. The district shall have public notice of:
1. The categories of personally identifiable information, which the district has designated as directory information.
2. The right of the parent of the student to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information.
3. The fact that the parent of the student may prevent the release by the district of personally identifiable information designated as directory information if, within 30 days of the publication of the public notice, the parent informs the building principal in writing that such personally identifiable information is not to be designated as directory information with respect to that student.
D. Publication of public notice. The publication of the public notice under subsection (C) of this section may be accomplished by mailing the notice to the parent.
E. Dual enrollment. For the purposes of this section, a student either enrolled under the provisions of section 1376 of the Public School code of 1949 (24 P.S. §13-1376) in an approved private school or enrolled in Scranton State School for the Deaf shall be considered to be also enrolled in his school district of residence.
VIII. Parent’s request for amendment of records and the records hearing process.
A. Request to amend. A parent who believes that information in education records collected, maintained, or used under these §§341.61-341.70 is inaccurate or misleading or violates the privacy or other rights of the child may request that the district amend that information.
1. At its discretion, the district may require that any parent request for amendment of the record of a student be made in writing to the building principal and contain a brief statement which specifies the records to be amended and the reason that amendment is requested.
2. The building principal and director of pupil services decide whether to amend the information in accordance with the request of the parent within 45 days after receipt by the district of the request to amend.
3. If the school district decides to refuse to amend the information in accordance with the request of the parent, the principal shall inform the parent in writing of both the refusal and the specific reasons for the refusal and shall notify the parent in writing of the right to request and receive a hearing under subsection (B) of this section.
B. Records hearing. The district shall, on parent request, provide the parent with an opportunity for a hearing to challenge information in education records if the parent alleges that such information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. The hearing shall be conducted according to the following provisions:
1. The hearing shall be held at a mutually agreed upon time and place within 30 days after the district receives the request for a hearing form the parent.
2. The parent shall be notified in writing of the date, place and time of the hearing, no later than five days in advance of the hearing.
3. The hearing shall be conducted by a party who does not have a direct interest in the outcome of the hearing.
4. The party conducting the hearing may be an official of the educational district.
5. The parent shall be afforded a full and fair opportunity to present evidence relevant to the issues in subsection (A) of this section.
6. The parent may, at the hearing, be assisted or represented by persons of his/her choice. Such persons may include legal counsel.
C. Decision after hearing. The school district shall render a written decision on the issues presented at the hearing and shall render such decision within 30 days after the conclusions of the hearing. The decision shall be based solely upon evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
D. Decision to amend. If, as a result of the hearing the district decides that the information is inaccurate, misleading, or otherwise in violation of the privacy of stated rights of students, it shall amend the education records accordingly and so inform the parent in writing.
E. Decision not to amend. If, as a result of the hearing, the district decides that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of students, it shall inform the parent of his right to place in the educational record of the student a statement which sets forth the written comments of the parent upon the information in the educational records or reasons for disagreeing with the decision of the district, or both written comments and reasons.
1. The statement of the parent shall be appended by the district to the educational records so long as the record or the contested portion thereof is maintained by the district.
2. If the educational records of the student or the contested portion thereof is released by the district to any party, the statement of the parent shall also be released to the party.
F. Nothing in this section shall be interpreted to mean that the parent and the school may not, by mutual agreement, meet prior to either a parent request for a hearing or the hearing itself in order to discuss the concerns of the parent regarding the accuracy or inaccuracy of the records of the student.
Approved by the School Board – April 23, 1979
Amended by the School Board – June 8, 1987
SUSQUEHANNA TOWNSHIP SCHOOL DISTRICT
Harrisburg, Pennsylvania 17109
PARENT PERMISSION FORM
Date of Request:
Student’s Name Date of Birth: Month Day Year
School Building School District
(Please verify birthdate. At times it has been inaccurately recorded.)
The above-named person has been referred to us because
To help determine this person’s needs in educational programming, we need your permission:
1) to evaluate the person & 2) to collect information. Please indicate your permission by initialing in the space provided for each category. (Refer to next page for further explanation.)
Personality and Social Adjustment testing
Vision and/or Hearing evaluation
You have the right to inspect and review all relevant school records concerning this person. You also have the right to meet with a certified public school psychologist and other evaluator(s) to discuss the referral, the proposed evaluation procedures, and the evaluation results. You have the right to consent or to object to the evaluation and request a hearing. The approximate date this evaluation will be initialed is .
Parent, Guardian, Student or Surrogate Parent’s Signature Date
City, State, Zip Code
Home Phone Work Phone
5110, 5112, 5113, 5114
SUSQUEHANNA TOWNSHIP SCHOOL DISTRICT
Harrisburg, Pennsylvania 17109
Individual Intelligence Tests (such as, but not limited):
Wechsler Intelligence Scale for Children – Revised (WISC-R)
Stanford Binet Test of Intelligence; Leitner International
Performance Scale; Wechsler Adult Intelligence Scale (WAIS)
Educational Tests (such as, but not limited to):
Jastak Wide Range Achievement Test; Informal Reading Inventory
Peabody Individual Achievement Test; Woodcock Reading Mastery
Tests; Woodcock-Johnson Psycho Educational Battery
Personality and Social Adjustment Tests (such as, but not limited to):
Sentence Completion Test; House-Tree-Person Test
Rorschach; Thamatic Apperception Test
Speech and Language Tests (such as, but not limited to):
Illinois Test of Psycholinguistic Abilities; Goldman-Fristoe
Woodcock Auditory Skills Battery; Porch Index of Communicative
Ability in Children; Carrow Test of Auditory Comprehension of
Language (TACL); Carrow Elicited Language Inventory (CELI)
Lindamood Test of Auditory Conceptualization (LAC)
Developmental Assessment (such as, but not limited to):
Bender Gestalt; Vineland Social Maturity Scales; Draw-A-Person
Laterality; Motor-Free Visual Perception Test; Gesell Development
Scales; Bayley Scales of Infant Development; Visual-Motor Integration Test
Vision and/or Hearing Evaluation
Additional Information (such as, but not limited to):
Observations; Interviews, medical data; family background; etc.