Section 3 – Student Records

TYPES OF STUDENT RECORDS 

All students have school records. The information in the record is needed and used by school staff, parent(s)/legal guardian(s), and the students themselves to plan educational and career programs. The complete school record is called the cumulative folder, but different parts of the cumulative folder may be kept in different places (i.e., health information, special education record, 504). 

RIGHT TO INSPECT AND REVIEW A STUDENT'S EDUCATION RECORDS

All student records are maintained in accordance with the requirements of the the Family Education Rights and Privacy Act (FERPA). Parents and students who are 18 years of age or older ("eligible students") have the right to inspect and review the student’s education records within 45 days of the date that the student’s school receives the request for access. Parents or eligible students  who wish to inspect the student’s education records should submit a written request to the school principal (or appropriate school official) 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.  Copies may be obtained at the cost of $0.25/page.

RIGHT TO Request the amendment of the student's education records

Parents and eligible students have the right to request the amendment of the student’s education records if they believe they are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  Parents or eligible students who wish to amend the student’s education records should write to the school principal (or appropriate school official), and clearly identify the part of the record that they want changed, and specify the reason why.  The school will notify the parents or eligible student if it decides not to amend the record as requested, as well as advise the parents or eligible student of their right to request a hearing regarding their request for amendment.  Additional information regarding the hearing procedures will be provided to the parents or eligible student. 

THE PARENTAL/ELIGIBLE STUDENT CONSENT REQUIREMENT

School systems must obtain the consent of the parent/eligible student before disclosing personally identifiable information (PII) contained in the student’s educational records, except to the extent FERPA authorizes disclosure without consent.

One exception, which permits disclosure, is disclosure to school officials with legitimate educational interests.  A school official typically includes a person employed by the school system as an administrator, supervisor, instructor, or support staff member, or a person serving on the Board.  A school official may also include a volunteer, contractor, or consultant who, while not employed by the school system, performs a service or function for which the school system would otherwise use its own employees, and who is under the direct control of the school system with respect to the use and maintenance of the PII contained in students’ educational records.  This might include an attorney, auditor, medical consultant, therapist, or parent volunteer, etc.  A school official typically has a legitimate educational interest if the official needs to review a student’s educational record in order to fulfill his or her professional responsibilities.  

DIRECTORY INFORMATION 

"Directory information" includes the following information relating to a student:  the student's legal name, the most recent previous local school system or educational institution attended, and grade. Parent(s)/legal guardian(s) may seek to correct information that is believed to be inaccurate.


The school system and custodian of records, upon request of the military, must provide students’ names, addresses, and telephone listings to military recruiters, unless the parent(s)/legal guardian(s) has opted out of providing such information by completing the Parental Opt Out Form and returning it to school.


If parent(s)/legal guardian(s) do not want any or all of this directory information released, the parent(s)/legal guardian(s) should make this request in writing to the school.

right to file a complaint

The parent/eligible student has the right to file a complaint with the U.S. Department of Education concerning an alleged failure by the school system to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA is:

Student Privacy Policy Office 

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

STUDENT PARTICIPATION IN SURVEYS

Parent(s)/legal guardian(s) who do not want their student to participate in certain surveys may opt their student out of participation. The Opt Out form may be obtained in the Forms section of this handbook.

USE OF STUDENTS IN PUBLIC INFORMATION PROGRAMS 

As part of our overall educational program, students are occasionally asked to be photographed or videotaped or have their work displayed. Unless indicated to the contrary, the school will assume that your child may be photographed or videotaped by the news media or by St. Mary’s County Public Schools’ staff, and also that the student’s likeness, name, performance, artwork, or written work may be used in print or broadcast media and/or on the Internet. It is the responsibility of the parent(s)/legal guardian(s) to complete the Parental Opt Out Form and return it to school. 

St. Mary’s County Public Schools cannot control photography, taping, or interviews of students at events that are open to the public, nor decisions by the news media to post school news on the Internet. 

RETENTION OF RECORDS 

Parts of the cumulative records are permanently retained because of the need to retrieve data for individuals who at some time have been enrolled in the county schools (outlined in the Maryland Student Records System Manual).  These include records containing information concerning grades, courses taken, and diploma status. The rest of the cumulative file is destroyed when the student reaches his/her twenty-first birthday. Federal law requires six years of special education record maintenance after completion or withdrawal from school.