School Board of the City of Virginia Beach
Policy 5-31

STUDENTS

Scholastic Records

1. Definitions
   
   Words and terms when used in this policy and its implementing regulations are established in division regulation 5-31.2.
   
   
2. Generally
   
   All information regarding students and their families shall be collected and maintained under safeguards of privacy established by federal and state laws or regulations (as cited in the legal reference to this policy), school board policies and administrative regulations.
   
   An accurate and complete individual, permanent and cumulative record shall be maintained for each student in grades K-12 enrolled in the school division. When appropriate, a separate confidential record shall be maintained for those students requiring differentiated programs and/or special services such as gifted, handicapped and students with special needs. When a separate confidential record is established a notation on the cumulative record shall indicate the location of the confidential records. All data (cumulative and confidential) shall be considered the student's official scholastic records.
   
   No statement in this policy or any implementing regulations shall be construed by employees as negating their responsibility for reporting child abuse or neglect cases as required by Code of Va., § 63.2 – 1509, as amended and School Board Policy 4-68.
   
   All personnel authorized access to scholastic records shall be informed of this policy and its implementing regulations. Strict adherence shall be considered a condition of employment by the School Board.
   
   
3. Custodian(s) of Student Records
   
   
   The employee responsible for the in-service education of records maintenance personnel and the collection, security, use, disclosure, periodic evaluation, transfer and destruction of scholastic records data shall be designated as custodian of student records.
   
   At the individual school level the custodian of student records shall be the principal or a designee. When scholastic records are on file in a central facility the Superintendent or a designee shall be the custodian.
   
   The Director of the Office of Programs for Exceptional Children shall designate a custodian to maintain the confidential files for those handicapped children (preschool, unserved) who are not enrolled as students in the division.
   
   
4. Notification of Records Policies and Regulations
   
   
1. Generally
   
   School Board Policies and division regulations pertinent to scholastic records shall be available to interested parties on the school division website which is available and accessible at each school administrative office, media center (library), and the central office.
   
   
2. Parents/Guardians/Eligible Students
   
   Each year the School Board shall notify adult students, the parents and/or legal guardians of students in attendance and eligible students in attendance of their rights as established in School Board policies and division regulations. Such notification may be by letter, mailing, patron organization bulletins or by public notice in the newspaper press. However transmitted, the notification shall include the following:
   
   
1. The types and location of scholastic records and information maintained therein;
2. The title and address of the employee responsible for the maintenance of scholastic records, the parties to whom data may be disclosed, and the purpose for disclosure;
3. The policy for reviewing and expunging scholastic records;
4. The policies and regulations for disclosure of data from scholastic records;
5. The right to challenge the content of scholastic records and to file with the Office of Family Compliance, US Department of Education, a complaint concerning an alleged failure by the school division to comply with the Family Education Rights and Privacy Act (FERPA);
6. The fee for reproducing copies of scholastic records;
7. The data designated as directory information; and
   
8. The right to obtain, upon payment of the appropriate fee, a copy of School Board policies and division regulations on the management of the scholastic records and the location of same.
   
   
3. Local Agencies
   
   Each year the custodian of scholastic records shall inform local agencies cooperating with the school division in the student's educational development of the location of School Board policies and division regulations in the management of scholastic records.


5. Content and Collection
   
   The content and collection of Category I (Cumulative) File and Category II (Confidential) File student records data are enumerated in division regulations 5-31.1 and 5-31.2.
   


6. Access to Student Records
   
   
1. Division Employees
   
   
1. Licensed Personnel
   
   Licensed personnel (including itinerant teachers) within the student's school shall have access to his/her students’ records .
   
   Other licensed personnel shall have access to these records if the custodians of scholastic records determine they have a legitimate educational interest in requesting such access. The criterion for determining "legitimate educational interest" shall be the student's welfare.
   
   Licensed personnel who copy data from student records shall protect the confidentiality of such data.
   
   
2. Classified Personnel
   
   Classified personnel assigned to duties within the facility where student records are maintained shall have access to such records only with the prior approval of the custodian of scholastic records.
   
   Students and paraprofessional employees shall not be assigned clerical duties where they may have access to scholastic records.
   
   In-service Education
   
   
   The custodian of student records shall supervise an in-service education program for employees having access to these records. The core documents for the program shall be this policy and its implementing regulations.
   
   
3. Employee Access Roster
   
   
   Custodians of scholastic records shall maintain an up-to-date roster of division employees within their facility having access to scholastic records. These rosters shall be made available for public inspection.
   
   
2. Parents/Guardians/Eligible Students
   
   
1. The custodian of student records shall permit parents, legal guardians or eligible students to inspect and review such records. Compliance with requests shall be made without unnecessary delay and in no case more than fourteen (14) calendar days after the request has been made.
   
   
2. The custodian of student records may presume that both parents have the authority to inspect and review records relating to the student unless the school division has been advised that either parent does not have the authority under applicable state law governing such matters as guardianship, separation, divorce or Child Protective Services.
   
   
3. Student (under eighteen) who is Subject of Record
   
   
   Transfer of rights to review scholastic records from the parent/legal guardian to an eligible student happens when the student reaches eighteen (18) years of age. Parents or legal guardians who continue to claim the student as a tax dependent may continue to access the student’s scholastic record.
   
   
4. Third Parties
   
   The custodian of student records shall keep a record of third parties authorized access to these records. Guardian ad litems or other representatives of a student may access scholastic records upon presentation of proper authority.
   
   Pursuant to Standard 1 of the Standards of Quality (Chapter 13.2 (§ 22.1-253.13:1 et seq.) of Title 22.1), all School Boards are required to implement career and technical education programs promoting knowledge of careers and various employment opportunities, including, but not limited to, military careers. Therefore, any School Board that provides access to one or more of its high schools and contact with such high school’s student body or other contact with its high school students during a school or school division-sponsored activity whether conducted on school board property or other property to persons or groups for occupational, professional or educational recruitment shall provide equal access on the same basis to official recruiting representatives of the military forces of the Commonwealth and the United States. (2001, c. 262.)
   
   
7. Disclosure of Scholastic Records Content
   
   For disclosure of student records see School Board Policy 5-66.
   
   
8. Amendment of Scholastic Records Content
   
   
   The parent, legal guardian or eligible student who believes that information in the student's record is inaccurate, misleading or violates the privacy or other rights of the student may request that the custodian who maintains the record amend such record. Upon receipt of such request the custodian shall be responsible for administering the subsequent procedures as established in Virginia Department of Education Regulation 8 VAC 20-150-20. Consistent with federal law and regulation, each school shall annually notify parents, legal guardians, or eligible students currently enrolled in attendance of their rights under the Family Education Rights and Privacy Act (20 U.S.C. § 1232(g)) and related regulations.
   
   
9. Content and Disclosure of Student Directory Information
   
   See School Board Policy 5-66 and Regulation 5-66.1.
   
   
10. Periodic Evaluation of Scholastic Records
    
    In cooperation with guidance personnel, the custodian of student records shall annually review the contents of these records for the purpose of removing data no longer educationally useful as directed in division regulation 5-31.1 and as directed in the Commonwealth of Virginia Records Retention and Disposition Schedule (Form RM-2).
    
    
11. Transfer of Scholastic Records
    
    Scholastic records shall be transferred as directed in division regulation and in accordance with Virginia Code 22.1-289.
    
    
12. Implementation
    
    The Superintendent is authorized to implement this policy with appropriate division regulations.

Editor's Note

See also Virginia Archives and Records Division "Records Retention and Disposition Schedule –
General Schedule No. 21." (December 10, 1992)

Legal Reference:

The Family Educational Rights and Privacy Act 20 USC § 1230, 1232 g, 34 CFR Part 99, as amended.

Code of Va. § 22.1-130.1, as amended, Access to high schools and high school students for military recruiters.

Code of Va., § 22.1-20, as amended, Retention of pupil personnel records.

Code of Va., § 22.1-289, as amended, Transfer of scholastic records; disclosure of information in court notices; penalty

Virginia Board of Education, Regulation, 8 VAC 20-150-20.

Adopted by School Board:  October 21, 1969
Amended by School Board:  June 17, 1975
Amended by School Board:  January 20, 1981
Amended by School Board:  August 21, 1990
Amended by School Board:  July 16, 1991
Amended by School Board:  June 15, 1993 (Effective August 14, 1993)
Amended by School Board: April 4, 2006