FILE: H-12
Cf: G-9.4a
STUDENT PRIVACY AND EDUCATION RECORDS
The Central Community School Board acknowledges and affirms that parents, guardians, and students eighteen (18) years of age or older (eligible students) have certain rights under the Family Educational Rights and Privacy Act (FERPA) and Louisiana law with respect to the privacy, inspection, review, and disclosure of personally identifiable information contained in the student's education records.
DEFINITIONS
Disclosure shall mean to provide or permit access to,
or the release, transfer, or other communication of personally identifiable
information (PII) contained in education records by any means, including
oral, written, or electronic means, to any party except the party
identified as the party that provided or created the record.
Educational records shall be defined as records which
are directly related to a student and are maintained by the Central
Community School Board or school or by a person acting for the School
Board or school. Excluded from the term educational
records are records of instructional, supervisory or administrative
personnel which are in the sole possession of the maker and are not
accessible or revealed to any other individual except a temporary
substitute for the maker of the record; records of a law enforcement
unit of the School Board (if any); records created or received by
the School Board after an individual is no longer a student in attendance
and that are not directly related to the individual's attendance as
a student; and grades on peer-graded papers before they are collected
and recorded by a teacher.
Eligible Student means a student who has reached
eighteen (18) years of age or is attending an institution of postsecondary
education.
Legitimate educational interest shall be defined as the
interest that requires regular access for purposes of adding material,
periodic review, filing new student data and/or removing inadequate,
ambiguous, no longer relevant data; the interest having the educational
wellbeing of the student in mind for purposes of continuing, improving
or changing the education program of the student and the interest
in which the person has a legitimate need to know. The
Superintendent shall have the authority to determine those individuals
who have legitimate educational interests for purposes of this policy,
except that any such authorization must be consistent with federal
law (FERPA).
Parent or legal guardian shall mean a student's natural
parent, legal guardian, or other person or entity responsible for
the student in the absence of a parent or legal guardian.
Personally identifiable information shall be defined as information about an individual that may be used on its own or with other information to identify, contact, or locate a single individual, including but not limited to the following:
The student's name;
The name of the student's parent or other family members;
The address of the student or student's family member;
A personal identifier that can be used to distinguish or trace an individual's identity such as social security number, date and place of birth, mother's maiden name, or biometric records.
Race and ethnicity data.
Any other information that is linked or linkable to a specific student such as medical, educational, financial, and employment information.
Two (2) or more pieces of information that separately or when linked together can be used to reasonably ascertain the identity of the person.
School official shall be defined as a teacher, school principal, School Board member, counselor, attorney, accountant, human resources professional, information systems specialist, support or clerical personnel, school resource officer, authorized volunteer, or any school system employee who is authorized to perform a function or service on behalf of the Central Community School Board. A contractor, consultant, volunteer, or other party to whom a school or institution has outsourced institutional services or functions is also considered a school official provided that they are performing an institutional service or function for which the School Board would otherwise use employees and is under the direct control of the School Board with respect to the use and maintenance of education records. See 34 CFR 99.31((a)(1)(i)(B).
FERPA PRIVACY RIGHTS
The right to inspect and review the student's education records
within forty-five (45) days of the day the Central Community School
Board receives a request for access.
Parents or eligible students who wish to inspect their child's or their
education records should submit to the school principal [or appropriate
school official] a written request that identifies the records they
wish to inspect. The school official will make arrangements
for access and notify the parent or eligible student of the time and
place where the records may be inspected.
The right to request an amendment to the student's education
records that the parent or eligible student believes is inaccurate
or misleading, or otherwise in violation of the student’s privacy
rights.
Parents or eligible students who wish to ask the school to amend their
child's or their education records should write the school principal
[or appropriate school official] indicating their desire, clearly
identify the part of the records they believe to be inaccurate or
misleading, and specify why it should be amended. If the decision
is not to amend the record as requested, the Superintendent, or designee,
shall notify the parent or eligible student of the decision and of
his/her right to a hearing regarding the request for amendment. Additional
information regarding the hearing procedures will be provided to the
parent or eligible student when notified of the right to a hearing.
The right to provide written consent to the disclosure of personally
identifiable information (PII) contained within the student's education
records, except to the extent that FERPA and Louisiana law authorize
the disclosure without consent.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School Board to comply with the requirements of FERPA.
STUDENT IDENTIFICATION NUMBERS
To protect the privacy of its students, the Central Community School Board will utilize and assign to each student in its jurisdiction a unique student identification number in accordance with La. Rev. Stat. Ann. §17:3914(C)(3). The student identification numbers shall not include or be based on social security numbers.
STUDENT INFORMATION DISCLOSURES
In accordance with La. Rev. Stat. Ann. §17:3914(H)
and FERPA, access to student PII may be authorized by the Superintendent
without parent/eligible student consent to school officials
with legitimate educational interests. Disclosure of personally
identifiable information from students' education records is also
authorized without consent of the parent or eligible student, if the
disclosure meets other conditions set forth below. The School
Board is required to record disclosures of PII, except for disclosures
to school officials, disclosures related to judicial orders or lawfully
issued subpoenas, disclosures of directory information, and disclosures
to the parent or eligible student. Parents and eligible students have
a right to inspect and review the record of disclosures.
The Superintendent is authorized to disclose PII from the education records of a student, without obtaining prior written consent of the parents or the eligible student, as follows:
To other school officials whom the school has determined
to have legitimate educational interests in accordance with the
annual notification of FERPA rights. For contractors,
the student PII may be transferred to computers operated and maintained
by the contractor and the contractor shall not allow access to
or release student PII to any person or entity except as specified
in the contract.
Upon request, to officials of another school, school system
or institution of postsecondary education where the student seeks
or intends to enroll, or where the student is already enrolled
if the disclosure is for purposes related to the student’s enrollment
or transfer, and for compliance with state and federal reporting
requirements. In accordance with the Individuals with
Disabilities Education Act (IDEA), if a student with a disability
is enrolled, or is going to enroll in a private school that is
not located in the geographic jurisdiction of the Central Community
School Board of the parent's residence, parental consent must
be obtained before any personally identifiable information about
the student is released between the School Board and the private
school.
To authorized representatives of the U. S. Comptroller General,
the U. S. Attorney General, the U.S. Secretary of Education, or
the Louisiana Department of Education. Disclosures
may be made in connection with an audit or evaluation of Federal-
or State-supported education programs, or for the enforcement
of or compliance with federal and State legal requirements that
relate to those programs. Student information provided
to School Board members, the Louisiana Department of Education
(LDE), or the Louisiana Board of Elementary and Secondary Education
(BESE) shall be identifiable only by a student's identification
number and aggregate data and shall be disclosed solely for the
purpose of satisfying state and federal reporting requirements.
These entities may make further disclosures of PII to outside
entities that are designated by them as their authorized representatives
to conduct any audit, evaluation, or enforcement or compliance
activity on their behalf, or as expressly authorized by statute,
if applicable requirements are met.
In connection with financial aid for which the student has
applied or which the student has received, if the information
is necessary for such purposes to determine eligibility for the
aid, determine the amount of the aid, determine the conditions
of the aid, or enforce the terms and conditions of the aid. Once
the parent, guardian, or student of majority age has granted written
consent for collection of certain data in accordance with La.
Rev. Stat. Ann. §17:3914(K), such data shall
be used for purposes of processing a student’s application for
admission to a Louisiana postsecondary education institution or
to the Board of Regents and the office of student financial assistance,
as a program under its jurisdiction, for receipt of financial
aid pursuant to such consent. Failure to provide
such consent may result in delays or prevent successful application
for admission to a postsecondary educational institution and state
and federal student aid. Consent provided under
La. Rev. Stat. Ann. §17:3914(K) shall continue
unless withdrawn in writing.
To the Louisiana Board of Regents, and the office of student
financial assistance, as a program under its jurisdiction, to
be used only by staff for required grant program reporting for
the purposes of providing reports to each public school governing
authority on the postsecondary remediation needs, retention rates,
and graduation rates for each high school under its jurisdiction
and for the purpose of evaluating comparative postsecondary performance
outcomes based upon student transcript data in order to develop
policies designed to improve student academic achievement.
To State and local officials or authorities to whom information
is specifically allowed to be reported or disclosed as authorized
by a State statute that concerns the juvenile justice system and
the system’s ability to effectively serve, prior to adjudication,
the student whose records were released.
To organizations conducting studies for, or on behalf of,
the school, in order to: (a) develop, validate, or administer
predictive tests; (b) administer student aid programs; or (c)
improve instruction, if applicable requirements are met. In no
case shall a contractor be permitted to use student information
to conduct predictive modeling for the purpose of limiting the
educational opportunities of students.
To accrediting organizations to carry out their accrediting
functions.
To parents of an eligible student, if the student is a dependent
for IRS tax purposes.
To comply with a judicial order or lawfully issued subpoena,
subject to the requirements of federal and State law.
To appropriate officials in connection with a health or
safety emergency, subject to the requirements of federal and State
law.
To an agency caseworker or other representative of a State
or local child welfare agency or tribal organization who is authorized
to access a student’s case plan when such agency or organization
is legally responsible, in accordance with State or tribal law,
for the care and protection of the student in foster care placement.
To the Secretary of Agriculture or authorized representatives
of the Food and Nutrition Service for purposes of conducting program
monitoring, evaluations, and performance measurements of programs
authorized under the Richard B. Russell National School Lunch
Act or the Child Nutrition Act of 1966, under certain conditions.
Information provided in accordance with a contract between
the School Board and a public or private entity which has been
contracted to perform student or education services, but only
to the extent provided for in such a contract. Pursuant
to La. Rev. Stat. Ann. §17:3913, information
concerning the release of PII pursuant to any contract shall be
available at the School Board’s central office.
Information required to be reported pursuant to Article 609 of the Louisiana Children’s Code.
A statement shall be provided notifying the student’s parent or legal guardian of exactly what items of student information will be collected and that disclosure of the student information collected shall be restricted to Louisiana postsecondary education institutions to be used for the purposes of processing applications for admission and for compliance with state and federal reporting requirements to the Board of Regents and to the office of student financial assistance, as a program under the board’s jurisdiction, to be used for the purposes of processing applications for admission and for state and federal financial aid, for required grant program reporting, for providing reports to the school governing authority on the postsecondary education remediation needs, retention rates, and graduation rates for each high school under its jurisdiction, and for evaluating comparative postsecondary education performance outcomes based on student transcript data in order to develop policies designed to improve student academic achievement. Annual notification shall be provided to the student's parent or legal guardian as to the right and process used to withdraw consent.
DIRECTORY INFORMATION
Unless directed in writing otherwise by a student’s parent, legal guardian or a student who has reached the age of majority, the Central Community School Board approves a person employed in a school or person authorized by the Superintendent to provide access to certain student personally identifiable information to further a legitimate educational purpose, in accordance with FERPA and La. Rev. Stat. Ann. §17:3914 as follows:
Information to
facilitate a student’s participation in a school-sanctioned extracurricular
activity, including but not limited to a sport, organization or club;
Information to
facilitate the operation and daily activities within district facilities,
including but not limited to the display and use of student information
in and around student facilities;
Programs and activities
related to school-sanctioned performances or productions, events,
award programs, and graduations;
University transcript
requests, scholarships, and admissions;
LHSAA, NCAA, and
other related sports programs or sanctioning entities;
Online resources
and educational tools;
School photography
and yearbook providers;
Any other information considered “Directory Information”, to the extent allowed in FERPA.
In addition, two federal laws require School Boards receiving assistance under the Elementary and Secondary Education Act of 1965, as amended (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the School Board that they do not want their student’s information disclosed without their prior written consent. [Note: These laws are Section 9528 of the ESEA (20 USC 7908) and 10 USC 503(c).]. In accordance with federal statutory provisions, the School Board shall honor the requests of military recruiters for names, addresses and phone numbers of high school students, unless parents have specified that such information not be released to military recruiters. Opt-out procedures will be provided in the student handbook.
ELECTRONIC DATA GOVERNANCE
Except as provided below, no person or public or private entity shall access a public school computer system on which student information is stored. No official or employee of a public school system shall authorize access to such a computer system to any person or public or private entity except as authorized in this policy.
The following persons may access a public school computer system on which student information for students at a particular school is stored:
A student who has reached the age of eighteen or is judicially
emancipated or emancipated by marriage and the parent or legal guardian
of a student who is under the age of eighteen (18) and not emancipated. For
a student who has reached the age of eighteen (18) or is emancipated,
such access is limited to information about the student. For
the parent or legal guardian of a student who has not reached the
age of eighteen and is not emancipated, such access shall be limited
to information about the student. A student who has reached
the age of eighteen or is emancipated and the parent or legal guardian
of a student who has not reached the age of eighteen and is not emancipated
may authorize, in writing, another person to access such information.
A teacher of record. Such access shall be limited to information
about his current students.
The school principal and school registrar.
A school system employee employed at the school and designated
by the principal. Such access shall be limited to student
information necessary to perform his/her duties.
A person authorized by the Superintendent to maintain or repair
the computer system or to provide services that the school system
would otherwise provide.
A person authorized by the state to audit student records. La. Rev. Stat. Ann. §17:3914(D)(2).
The following persons may access a computer system of a city, parish, or other local public school system on which student information for students from throughout the system is stored:
The Superintendent of the school system.
A school system employee designated by the Superintendent. Such
access shall be limited to student information necessary to perform
his/her duties.
A person authorized by the Superintendent to maintain or repair
the computer system or to provide services that the school system
would otherwise provide.
A person authorized by the state to audit student records. La. Rev. Stat. Ann. §17:3914(D)(3).
Any person who is authorized to access a public school computer system, except a parent or legal guardian, shall maintain the confidentiality of any student information to which he/she has access.
PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)
The Central Community School Board shall notify and permit parents/guardians/eligible students the opportunity to opt out of participation in student surveys, analyses, or evaluations that concern one or more of the following eight areas ("protected information surveys"): political affiliations or beliefs of the student or student's parent; mental or psychological problems of the student or family; sex behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of others with whom students have close family relationships; legally recognized privileged relationships (such as lawyers, doctors, or ministers); religious practices, affiliations, or beliefs; or income (other than required by law to determine program eligibility. This requirement applies to the collection, disclosure, or use of student information for marketing purposes. Protected information survey opt-out forms shall be published in the student handbook and on the Central Community School Board's website.
CREATION OF PROCEDURES
The Central Community School Board recognizes its responsibility for establishing procedures governing the privacy of student records, consistent with federal and state laws and regulations. The School Board directs the Superintendent, or designee, to develop and maintain procedures for ensuring and exercising rights provided under this policy. Copies of implementing procedures shall be available at the School Board's central office and in each school office. Any access or disclosure and release of personally identifiable student information by the School Board and its assigns must be in accordance with federal and state law and regulations and authorized by the Superintendent.
EXEMPTION
This policy shall not apply to the completion or correction of required submissions to the Louisiana Department of Education or response(s) to financial audits commenced prior to the 2015-2016 school year.
REQUIREMENT FOR WRITTEN CONSENT
Written parental/eligible student consent shall be obtained prior to the release of any PII, unless the release of such PII is expressly authorized without written consent by this policy or by law.
Revised: August 24, 2015 | Revised: December 10, 2018 |
Revised: February 12, 2018 | Revised: November 8, 2021 |
Ref: 20 USC 1232(g-i) (Family Educational Rights and Privacy Act)
20 USC 1400 et seq. (Individuals with Disabilities Education Act)
20 USC 7908 (Armed Forces Recruiter Access to Student Information)
34 CFR Part 99 (Family Educational Rights and Privacy Act)
La. Rev. Stat. Ann. §§9:351, 17:81, 17:112, 17:221.3, 17:3914, 44:4, 44:4.1, 44:31, 44:32
La. Civil Code, Art. 131, Art. 134, Art. 250
Louisiana Attorney General Opinion No. 15-0103
Board minutes, 6-10-13, 8-24-15, 2-12-18, 12-10-18, 11-8-21
Central Community School Board