1. FEA Webinar on Student Records Law David Nash, Esq. NJPSA Legal Counsel www.featraining.org We are pleased to bring you this FEA-developed program as an NJPSA member benefit.

2. Topics to be Covered Definition of Student Record Mandated Records Transfer of Discipline Records Parental Rights Adult Student Rights Disclosure of Information on Internet Access to Records

3. Topics to be Covered (cont’d) School Contact Directory for official use Student Information Directory Retention and Disposal of Records Pupil Information Collected in Classroom

4. Definition of Student Record N.J.A.C. 6A:32-2.1 “Student Record” means any information related to an individual student gathered within or outside the school district and maintained within the school district, regardless of the physical form in which it is maintained.

5. Definition of Student Record (cont’d) Essential in this definition is the idea that any information that is maintained for the purpose of second party review is considered a student record. Therefore, information recorded by any certified school personnel solely as a memory aid, not for the use of a second party, is excluded from this definition.

6. Examples of student records E-mail sent between two teachers discussing the educational progress of a student or strategies for helping the student improve Note it doesn’t matter if personal email used Notes from a guidance counselor that are shared with a colleague or a school administrator NOTE that notes that are kept strictly as memory aid are not student records

7. Mandated Records N.J.A.C. 6A:32-7.2 Student name, address, telephone number, date of birth, name of parent(s), gender, citizenship Standardized assessment and test answer sheets (protocol), grades, attendance, classes attended, grade level completed, year completed Record of daily attendance

8. Mandated Records (cont’d) Descriptions of student progress according to the system of student evaluation used in the district History and status of physical health including results of physical exams given by qualified school district employees Records required for students with disabilities Federal law now requires maintenance of information on suspensions and expulsions Other records required by law/board policy

9. Disciplinary Records Maintained as long as considered educationally relevant by district District may have policy to expunge records if no discipline issues arise for period of time District required to send disciplinary records if student moves to another New Jersey school district, or moves to a nonpublic school If student moves to another state, may send disciplinary records if other state law requires

10. Process for Transfer of Records N.J.S.A. 18A:36-19a requires supt. of new district to request in writing student records within 2 weeks from date student enrolls District of last attendance must provide all information in the record related to disciplinary action AND notify receiving district of information that sending district has obtained information regarding juvenile offenses Written permission not required, just written notice to parent

11. Access to Records Parent (including non-custodial), adult student, emancipated student Certified school personnel who have assigned educational responsibility (but not to health records), including personnel at state approved private school for disabled, state facility, nonpublic school where special education student placed District board of education to fulfill role

12. Access to Records (cont’d) Secretarial and clerical personnel for data entry and routine clerical tasks DYFS Others upon presentation of court order In connection with an emergency, may release health records to protect immediate health or safety of the student or other persons Access to school contact directory for official use and student information directory

13. Student Information Directory Includes name, grade level, date and place of birth, dates of school attendance, major field of study, participation in official activities, weight and height related to athletic team membership, degrees, awards, most recent educational agency attended Right to limit access to directory, such as prohibiting military recruiter access

14. School Contact Directory for official use See N.J.A.C. 6A:32-7.2 Separate and apart from Student Information Directory Access to judicial and law enforcement personnel and medical personnel currently providing services Verify enrollment, name, address, telephone number, date of birth Must inform district in writing if parent wishes to exclude any information from this directory

15. Parental & Adult Student Rights District must notify parents and adult students annually in writing of rights regarding student records Right to request amendment to records if believed to be inaccurate Emancipated minor has same rights as parent or adult student Right to be informed about “that portion of another student’s record that contains information about his or her own child” under N.J.A.C. 6A:32-7.1 (example child bullied by another student)

16. Parent Rights (cont’d) Right to access records within 10 days of request, but prior to any hearing Right to a 10-day period to submit statement prohibiting release of information to military recruiters. Note that military recruiters otherwise given same access as higher ed. Right to exclude information from the “school directory for official use” and restrict access to “student information directory”

17. Rights of Non-Custodial Parent Same rights as the custodial parent, unless rights have been terminated pursuant to a court order Note that a Court Order is signed by a judge ◦ Different from a subpoena which can be signed by an attorney

18. Disclosure of Information on Internet N.J.S.A. 18A:36-5, signed in 2002, prohibits disclosure of personally identifiable information on the Internet without prior written consent. “Personally identifiable information” includes student names, photos, addresses, email addresses, phone numbers, locations and times of class trips Problem areas – student photos, location and time of class trips

19. Retention and Disposal May choose to dispose of educational records that are no longer educationally relevant while student is still enrolled in school, but only after written parent permission or reasonable attempts to secure permission Upon graduation, notify parent in writing of right to copy of entire student record Must keep mandated records for 100 years

20. Summary Understand and respect parent rights Ensure Security of Records Be careful about unwittingly creating student records Recognize recent changes in law regarding student discipline records, information collected in the classroom, use of email, etc.

21. Q & A

22. For more information about training opportunities, contact Jay Doolan: jdoolan@njpsa.org 609-860-1200 Foundation for Educational Administration 12 Centre Drive Monroe Township, NJ 08831