MSD Policies

Students

151 Student Records and Access

It is the policy of the Manchester Board of School Committee that all school district personnel will follow District regulations/procedures as they pertain to the maintenance of student records and comply with the provisions of the Family Educational Rights Privacy Act (FERPA) and its corresponding regulations.

Educational Record.  For the purposes of this policy and in accordance with FERPA, the term “educational record” is defined as all records, files, documents and other material containing information directly related to a student; and maintained by the school district; or by such other agents as may be acting for the school district.  Such records include, but are not limited to, handwritten documents, videotapes, audiotapes, electronic or computer files, films, prints, microfilm and/or microfiche.

Eligible Student(s).  For the purposes of this policy and in accordance with FERPA, the term “eligible student(s)” is defined as a student who is eighteen (18) years-old and currently attending an institution within the District.

Directory Information.  For the purposes of this policy and in accordance with FERPA and New Hampshire RSA 189:1-e, the term “directory information” means:

  1. Students’ name, address, telephone number, date and place of birth, and dates of enrollment;

  2. Parents’/guardians’ name and address;

  3. Students’ grade level, enrollment status and dates of attendance;

  4. Students’ photograph;

  5. Students’ participation in recognized school activities and sports;

  6. Weight and height of members of athletic teams; and

  7. Students’ diplomas, certificates, awards, and honors received.

Personally Identifiable Information.  For the purposes of this section and in accordance with the Code of Federal Regulations (CFR),“personally identifiable information” is defined as data or information which makes the subject of a record known, including a student’s name; the student’s or student’s family’s address; the name of the student’s parent or other family members; a personal identifier such as a student’s Social Security number; the student’s date of birth, place of birth, or mother’s maiden name; or other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with a reasonable certainty or information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

Disclosure of Student Records and Student Information.  

The District may release or disclose educational records of students under the following circumstances:

  1. Directory Information. The Information is categorized as Directory Information and does not include any Personally Identifiable Information. The District may only release this information if it provides parents notice of the District’s FERPA policy within the first three weeks of school, and provides parents an opportunity to opt-out of this provision.

  2. Military Recruiter. Military recruiters are allowed access a high school student’s name, address, and telephone number(s) unless the parents of the student or an eligible student request that such information not be released without prior written consent. Further information about military recruiters’ access to student information, review the policy Students 158 Recruiters Access to Students.

  3. Written Consent. It obtains the written consent of the student’s parents/eligible students that specifies the records to be released, the reasons for such release and who will be receiving the released records, and contains a copy of the records to be released which may contain personally identifiable information; or

  4. FERPA Exceptions. A specific exception under FERPA or New Hampshire law allows the school to release the educational records, including personally identifiable information, without written consent. This provision applies to the following circumstances:

    1. School Officials with a Legitimate Educational Interest.  School officials with a legitimate educational interest may access student records, “Legitimate education interest” refers to school official or employees who need to know information in a student’s education record in order to perform the employee’s employment responsibilities and duties.

    2. Other schools into which a student is transferring or enrolling.

    3. Officials for audit or evaluation purposes.

    4. Appropriate parties in connection with financial aid.

    5. Organizations conducting certain studies for, or on behalf of the school district.  Student records or student information will only be provided pursuant to this paragraph if the study is for the purpose of:  developing, validating or administering predictive tests; administering student aid programs; or improving instruction.

    6. Accrediting organizations.

    7. Judicial orders or lawfully issued subpoenas.

    8. Health and safety emergencies.

Annual Notification/Rights of Parents and Eligible Students.  Within the first three (3) weeks of each school year, the District shall publish notice to parents and eligible students of their rights under State and Federal law and the policy Students 151 Student Records and Access.  The District shall send home with each student a notice listing these rights.  The notice shall include:

  1. The rights of parents or eligible students to inspect and review the student’s education records;

  2. The rights of parents or eligible students to refuse to provide consent to the release or disclosure of education records with personally identifiable information;

  3. The intent of the District to limit the disclosure of information in a student’s record unless permitted by law, including the definitions of school official and legitimate educational interest;

  4. The right of a student’s parents or an eligible student to seek to correct parts of the student’s educational records.

  5. The right of any person to file a complaint with the United States Department of Education if the District violates FERPA; and

  6. The procedures that a student’s parents or an eligible student should follow to obtain copies of this policy, to inspect their own records, or to request to amend their records.  

Procedure to Inspect Education Records.  Parents or eligible students may inspect and review educational records. Parents/eligible students should submit to the school principal a request that identifies as precisely as possible the record or records that they wish to inspect.  The principal shall contact the parents or the eligible student to discuss how access is best arranged for their inspection or review of the records (copies, records brought to a single site, etc.). Copies may be provided if the parent or eligible student cannot personally inspect the records due to a hardship such as working hours, health, or distance between record location sites.

The principal shall notify the parent or eligible student of the time and place where the records may be inspected.  This procedure must be completed within 14 days or earlier after the principal’s receipt of the request for access. 

When records contain information about students other than a parent’s child or the eligible student, the parent or eligible student may not inspect and review the records of the other students.  If such records do contain the names of other students, the principal shall seek consultation with the Superintendent and/or District’s attorney to determine how best to proceed. 

Procedures To Seek To Correction of Education Records.  Parents of students or eligible students have a right to seek to change any part of the student’s records which they believe is inaccurate, misleading or in violation of student rights. Parents/eligible students seeking to exercise this right may do so in one of two ways.

1. Request for Review. When a parent or eligible student finds an item in the student’s education records that they believe is inaccurate, misleading or in violation of student rights, they should submit a request asking the building principal to correct it.  This request may be submitted in writing, or it may be communicated to any current school official who will then communicate it to the principal.  If a parent/eligible student submits their request through the latter, the principal will record the date that the request was submitted. If the records are incorrect because of clear error and it is a simple matter to make the change, the principal should make the correction.  If the records are changed to the parent’s/eligible student’s satisfaction, both parties shall sign a document/form stating the date the records were changed and that the parent/eligible student is satisfied with the correction.

If the principal believes that the record should not be changed, they may deny the request for the change and provide a copy of the questioned records to the requester at no cost. The principal shall inform the requestor of their right to appeal to the Superintendent by submitting a formal request for the change. Upon receipt, the principal shall forward this written request to the Superintendent for their consideration and inform the requestor of the date the written request was sent to the Superintendent. 

The Superintendent shall review and respond to the request within ten business days after receiving notification of the request. The Superintendent may schedule a meeting with the requester, if necessary, within the 10 business days. If the Superintendent determines the records should be amended, they will make the change, notify the parents/eligible student in writing that the change has been made, and invite the parent/eligible student to inspect and review the amended records. Both parties shall sign a document/form stating the date the records were changed and that the parent/eligible student is satisfied with the corrections.

If the Superintendent determines the records will not be amended, they will notify the parents/eligible student in writing of their decision and inform the parents/eligible student of their right to an appeal hearing before the Board of School Committee.

2. Hearing. Alternatively, at any time before, during, or after a parent or eligible student exercises their right to have the contested record reviewed, they may submit a written request for a hearing before the Board of School Committee to the Superintendent. The Superintendent shall inform the Board of School Committee of the request for a hearing and will work with the Board of School Committee to schedule a hearing within 45 days of receipt of the request.  The Superintendent will then inform the parents in writing of the hearing’s date, time, and place. 

The hearing shall be held in non-public session consistent with the provisions of RSA 91-A:3 unless the parent/eligible student requests that the hearing be held in public session.  The Board of School Committee shall give the parent/eligible student a full and fair opportunity to present evidence. Parents/eligible students may bring an advocate of their choice to the hearing who may be an attorney.

The Board of School Committee shall issue its final decision in writing within 30 days of the hearing and will include a summary of the evidence and the reasons for its decision. The Board may grant the request and direct the Superintendent to amend the record, or may deny the request, which decision shall be final. This decision will be sent to the parents/eligible student thereof via certified mail, return receipt requested.  

The Superintendent shall then contact the parents/eligible student for a meeting. If the record was amended to the parent or eligible student’s satisfaction, both parties shall sign a document finalizing the amendments. If the changes were not made to the parent or eligible student’s satisfaction, they may submit a statement disagreeing with the decision to be placed in the educational record. This statement must be maintained as long as the record is maintained and must be disclosed whenever the relevant educational record is disclosed.

Maintenance of Student Records and Data.  The principal of each building is responsible for the maintenance, access and destruction of all student records.  All entries into student records must be dated and signed by the person accessing such records. The principal will ensure that all records are maintained in accordance with application retention schedules as may be established by law.

Disclosures Made from Education Records.  The District shall maintain an accurate record of all individuals, agencies, or organizations which have requested and/or obtained access to a student’s education records, with some exceptions listed below. This record shall name the individual or agency seeking access, the basis for their access (including a full explanation of any FERPA exception), and the date(s) of their access.  In the event of a health and safety emergency, the record must include the articulable and significant threat to the health and safety of a student or other individuals that formed the basis for the disclosure; and the parties to whom the agency or institution disclosed the information.

This record is kept with, but is not a part of, each student’s cumulative record and may be made available to parents/ eligible students, or federal, state or local officials for the purpose of auditing or enforcing federally supported educational programs.

The District shall maintain this record as long as it maintains the student’s education record.  The records do not include requests for access, or which have been granted to parent(s) of the student or to an eligible student or disclosures made upon their written consent, or requests for access or access granted to officials of the District who have a legitimate educational interest in the student.

Legal References: 

                RSA 91-A:5, III, Exemptions, Pupil Records

                RSA 189:1-e, Directory Information

                20 U.S.C. §1232g. Family Educational Rights and Privacy Act

                34 C.F.R. Part 99, Family Educational Rights and Privacy Act Regulations

History:

Revised from 9/27/10

First Reading Coordination: 4/9/13

Second Reading and Adoption by BOSC: 4/29/13

First Reading (Policy Committee): August 10, 2021

Second Reading & BOSC Adoption: August 23, 2021