581 Policy: Protection and Privacy of Pupil Records - Part 2

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XIII. RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS

A. Parent/guardian of a student, an eligible student or the parent/guardian of an eligible student who is also a dependent student.

The District shall permit the parent/guardian of a student, an eligible student or the parent/guardian of an eligible student who is also a dependent student who is or has been in attendance in the District to inspect or review the education records of the student, except those records which are made confidential by state or federal law or as otherwise provided in Section IX of this policy.

B. Response to request for access.

The District shall respond to any request pursuant to Paragraph A of this section immediately, if possible, or within ten (10) days of the date of the request, excluding Saturdays, Sundays and legal holidays.

C. Right to inspect and review.

The right to inspect and review education records under Paragraph A of this section includes:

1. The right to a response from the District to reasonable requests for explanations and interpretations of records; and

2. If circumstances effectively prevent the parent/guardian or eligible student from exercising the right to inspect and review the education records, the District shall provide the parent/guardian or eligible student with a copy of the records requested, or make other arrangements for the parent/guardian or eligible student to inspect and review the requested records.

3. Nothing in this policy shall be construed as limiting the frequency of inspection of the educational records of a student with a disability by the student’s parent/guardian or by the student upon the student reaching the age of majority.

D. Form of request.

Parents/guardians or eligible students shall submit to the District a written request to inspect education records which identify as precisely as possible the record or records they wish to inspect.

E. Collection of student records.

If a student's education records are maintained in more than one location, the responsible authority may collect copies of the records or the records themselves from the various locations so they may be inspected at one site. However, if the parent/guardian or eligible student wishes to inspect these records where they are maintained, the District shall attempt to accommodate those wishes. The parent/guardian or eligible student shall be notified of the time and place where the records may be inspected.

F. Records containing information on more than one student.

If the education records of a student contain information on more than one student, the parent/guardian or eligible student may inspect and review or be informed of only the specific information which pertains to that student.

G. Authority to inspect or review.

The District may presume that either parent/guardian of the student has authority to inspect or review the education records of a student unless the District has been provided with evidence that there is a legally binding instrument or a state law or court order governing such matters as marriage dissolution, separation or custody which provides to the contrary.

H. Fees for copies of records.

1. The District shall charge a reasonable fee for providing photocopies or printed copies of records unless printing a copy is the only method to provide for the inspection of data. In determining the amount of the reasonable fee, the District shall consider the following:

a. the cost of materials, including paper, used to provide the copies;

b. the cost of the labor required to prepare the copies;

c. any schedule of standard copying charges established by the District in its normal course of operations;

d. any special costs necessary to produce such copies from machine-based recordkeeping systems, including but not limited to computers and microfilm systems; and

e. mailing costs.

2. If 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and instead, the charge shall be no more than 25 cents for each page copied.

3. The cost of providing copies shall be borne by the parent/guardian or eligible student.

4. The responsible authority, however, may not impose a fee for a copy of an education record made for a parent/guardian or eligible student if doing so would effectively prevent the parent/guardian or eligible student from exercising their right to inspect or review the student's education records.

5. The District reserves the right to make a charge for copies such as transcripts it forwards to potential employers or post-secondary institutions for employment or admissions purposes. The fee for such copies and other copies forwarded to third parties with prior consent as a convenience will be the actual search/retrieval and copying costs, as permitted by law, plus postage, if that is involved.

XIV. REQUEST TO AMEND RECORDS; PROCEDURES TO CHALLENGE DATA

A. Request to amend education records.

The parent/guardian of a student or an eligible student who believes that information contained in the education records of the student is inaccurate, misleading or violates the privacy or other rights of the student may request that the District amend those records.

1. The request shall be in writing, shall identify the item the requester believes to be inaccurate, misleading or in violation of the privacy or other rights of the student, shall state the reason for this belief, and shall specify the correction the requester wishes the District to make. The request shall be signed and dated by the requester.

2. The District shall decide whether to amend the education records of the student in accordance with the request within 30 days after receiving the request.

3. If the District decides to refuse to amend the education records of the student in accordance with the request, it shall so inform the parent/guardian of the student or the eligible student of the refusal and advise the parent/guardian or eligible student of the right to a hearing under Paragraph B of this section.

B. Right to a hearing.

If the District refuses to amend the education records of a student, the District shall, on request, provide an opportunity for a hearing in order to challenge the content of the student's education records to ensure that information in the education records of the student is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. A hearing shall be conducted in accordance with Paragraph C of this section.

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

2. 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 the student, it shall inform the parent/guardian or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why they disagree with the decision of the District, or both.

3. Any statement placed in the education records of the student under Paragraph B of this section shall:

a. be maintained by the District as part of the education records of the student so long as the record or contested portion thereof is maintained by the District; and

b. if the education records of the student or the contested portion thereof is disclosed by the District to any party, the explanation shall also be disclosed to that party.

C. Conduct of hearing.

1. The hearing shall be held within a reasonable period of time after the District has received the request, and the parent/guardian of the student or the eligible student shall be given notice of the date, place and time reasonably in advance of the hearing.

2. The hearing may be conducted by any individual, including an official of the District who does not have a direct interest in the outcome of the hearing. The school board attorney shall be in attendance to present the school board's position and advise the designated hearing officer on legal and evidentiary matters.

3. The parent/guardian of the student or eligible student shall be afforded a full and fair opportunity for hearing to present evidence relative to the issues raised under Paragraphs A and B of this section and may be assisted or represented by individuals of their choice at their own expense, including an attorney.

4. The District shall make a decision in writing within a reasonable period of time after the conclusion of the hearing. The decision shall be based solely on evidence presented at the hearing and shall include a summary of evidence and reasons for the decision.

D. Appeal.

The final decision of the designated hearing officer may be appealed in accordance with the applicable provisions of the Minn. Stat. Ch. 14 relating to contested cases.

XV. PROBLEMS ACCESSING DATA

A. The data practices compliance official is the designated employee to whom
persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems.

B. Data practices compliance official means Craig Holje, Senior Executive Officer.

C. Any request by an individual with a disability for reasonable modifications of the District’s policies or procedures for purposes of accessing records shall be made to the data practices compliance official.

XVI. COMPLAINTS FOR NONCOMPLIANCE

A. Where to file complaints.

Complaints regarding alleged violations of rights accorded parents/guardians and eligible students by 20 U.S.C. §1232g, and the rules promulgated thereunder, shall be submitted in writing to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.

B. Content of complaint.

A complaint filed pursuant to this section must contain specific allegations of fact giving reasonable cause to believe that a violation of 20 U.S.C. §1232g and the rules promulgated thereunder has occurred.

XVII. WAIVER

A parent/guardian or eligible student may waive any of their rights provided herein pursuant to 20 U.S.C. §1232g. A waiver shall not be valid unless in writing and signed by the parent/guardian or eligible student. The District may not require such a waiver.

XVIII. ANNUAL NOTIFICATION OF RIGHTS

A. Contents of notice.

The District shall give parents/guardians of students currently in attendance and eligible students currently in attendance annual notice by such means as are reasonably likely to inform the parents/guardians and eligible students of the following:

1. That the parent/guardian or eligible student has a right to inspect and review the student's education records and the procedure for inspecting and reviewing education records;      

2. That the parent/guardian or eligible student has a right to seek amendment of the student's education records to ensure that those records are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights and the procedure for requesting amendment of records;

3. That the parent/guardian or eligible student has a right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosure without consent;

4. That the parent/guardian or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the school district to comply with the requirements of 20 U.S.C. §1232g, and the rules promulgated thereunder;

5. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest for purposes of disclosing education records to other school officials whom the District has determined to have legitimate educational interests; and

6. That the District forwards education records on request to a school in which a student seeks or intends to enroll or is already enrolled as long as the disclosure is for purposes related to the student’s enrollment or transfer and that such records may include suspension and expulsion records pursuant to the federal Every Student Succeeds Act and, if applicable, a student’s history of violent behavior.

B. Notification to parents/guardians of students having a primary home language other than English.

The District shall provide for the need to effectively notify parents/guardians of students identified as having a primary or home language other than English.

C. Notification to parents or eligible students who are disabled.

The District shall provide for the need to effectively notify parents/guardians or eligible students identified as disabled.

XIX. DESTRUCTION AND RETENTION OF RECORDS

Destruction and retention of records by the District shall be controlled by state and federal law.

XX. COPIES OF POLICY

This policy will be posted on the District website, and copies of this policy may be obtained by parents/guardians and eligible students at the office of the superintendent.

 

Legal References:             

Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Minn. Stat. § 13.32, Subd. 5 (Directory Information)

Minn. Stat. § 13.393 (Attorneys)

Minn. Stat. Ch. 14 (Administrative Procedures Act)

Minn. Stat. § 120A.22 (Compulsory Instruction)

Minn. Stat. § 121A.40-121A.56 (The Pupil Fair Dismissal Act)

Minn. Stat. § 121A.75 (Receipt of Records; Sharing)

Minn. Stat. § 127A.852 (Military-Connected Youth Identifier)

Minn. Stat. § 144.341-144.347 (Consent of Minors for Health Services)

Minn. Stat. Ch. 256B (Medical Assistance for Needy Persons)

Minn. Stat. Ch. 256L (MinnesotaCare)

Minn. Stat. § 260B.171, Subds. 3 and 5 (Disposition Order and Peace Officer Records of Children)

Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)

Minn. Stat. § 363A.42 (Public Records; Accessibility)

Minn. Stat. § 480.40 (Personal Information, Dissemination)

Minn. Stat. § 626.557 (Reporting of Maltreatment of Vulnerable Adults)

Minn. Rules Parts 1205.0100-1205.2000 (Data Practices)

10 U.S.C. § 503(b) and (c) (Enlistments: Recruiting Campaigns; Compilation of Directory Information)

18 U.S.C. § 2331 (Definitions)

18 U.S.C. § 2332b (Acts of Terrorism Transcending National Boundaries)

20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy Act)

20 U.S.C. § 6301 et seq. (Every Student Succeeds Act)

20 U.S.C. § 7908 (Armed Forces Recruiting Information)

20 U.S.C. § 7917 (Transfer of School Disciplinary Records)

25 U.S.C. § 5304 (Definitions – Tribal Organization)

26 U.S.C. §§ 151 and 152 (Internal Revenue Code)

42 U.S.C. § 1711 et seq. (Child Nutrition Act)

42 U.S.C. § 1751 et seq. (Richard B. Russell National School Lunch Act)

34 C.F.R. §§ 99.1-99.67 (Family Educational Rights and Privacy)

34 C.F.R. § 300.610-300.627 (Confidentiality of Information)

42 C.F.R. § 2.1 et seq. (Confidentiality of Drug Abuse Patient Records)

Gonzaga University v. Doe, 536 U.S. 273 309 (2002)

Dept. of Admin. Advisory Op. No. 21-008 (December 8, 2021)

 

Cross-References:           

Board Policy 110: Chemical Use/Abuse

Board Policy 409: Mandated Reporting of Child Neglect or Physical or Sexual Abuse

Board Policy 541: Student Behavior and Administrative Guideline 541.1

Board Policy 585: Student Surveys

Board Policy 716: Public Data and Data Subject Requests

Board Policy 783: Video Surveillance

Board Policy 977: Cooperation with Law Enforcement Agencies

 

RATIFIED BY THE BOARD OF EDUCATION: March 5, 2001

REVISED BY THE BOARD OF EDUCATION: November 19, 2001; December 20, 2004; July 17, 2006; February 16, 2021; February 2, 2026

Parent/Guardian Opt-Out Request Form (2025-26 English) (2025-26 Spanish)