581 Policy: Protection and Privacy of Pupil Records - Part 2
581 Policy: Protection and Privacy of Pupil Records - Part 2
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XIV. REQUEST TO AMEND RECORDS; PROCEDURES TO CHALLENGE DATA
A. Request to amend education records.
The parent 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 school 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 school district to make. The request shall be signed and dated by the requester.
2. The school district shall decide whether to amend the education records of the student in accordance with the request within a reasonable period of time of receipt of the request.
3. If the school district decides to refuse to amend the education records of the student in accordance with the request, it shall so inform the parent of the student or the eligible student of the refusal and advise the parent or eligible student of the right to a hearing under Paragraph B of this Section.
B. Right to a hearing.
If the school district refuses to amend the education records of a student, the school 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 school 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, so inform the parent of the student or the eligible student in writing.
2. If, as a result of the hearing, the school 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 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 school 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 school district as part of the education records of the student so long as the record or contested portion thereof is maintained by the school district; and
b. if the education records of the student or the contested portion thereof is disclosed by the school 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 school district has received the request, and the parent 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 school 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 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 his or her choice at his or her own expense, including an attorney.
4. The school 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, Chief HR and Administrative Officer.
C. Any request by an individual with a disability for reasonable modifications of the
school 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 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 or eligible student may waive any of his or her rights provided herein pursuant to 20 U.S.C. §1232g. A waiver shall not be valid unless in writing and signed by the parent or eligible student. The school district may not require such a waiver.
XVIII. ANNUAL NOTIFICATION OF RIGHTS
A. Contents of notice.
The school district shall give parents of students currently in attendance and eligible students currently in attendance annual notice by such means as are reasonably likely to inform the parents and eligible students of the following:
1. That the parent 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 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 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 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 school district has determined to have legitimate educational interests; and
6. That the school 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 of students having a primary home language other than English.
The school district shall provide for the need to effectively notify parents of students identified as having a primary or home language other than English.
C. Notification to parents or eligible students who are disabled.
The school district shall provide for the need to effectively notify parents or eligible students identified as disabled.
XIX. DESTRUCTION AND RETENTION OF RECORDS
Destruction and retention of records by the school district shall be controlled by state and federal law.
XX. COPIES OF POLICY
Copies of this policy may be obtained by parents and eligible students at the office of the Superintendent.
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 120A.22 (Compulsory Instruction Dismissal Act)
Minn. Stat. § 144.341-144.347 (Consent of Minors for Health Services)
Minn. Stat. Ch.§ 260E (Reporting of Maltreatment of Minors)
Minn. Rules Pts. 1205.0100-1205.2000
20 U.S.C. Sec. 1232g et. seq. (Family Educational Rights and Privacy Act)
26 U.S.C. Sec. 1152 (Internal Revenue Code)
34 C.F.R. Secs. 99.1-99.67
Cross-References:
MSBA Service Manual, Chapter 13, School Law Bulletin "I" (School Records-Privacy-Access to Data)
Board Policy 541: Student Behavior and Administrative Guideline 541.1
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