PACT Charter School

Original Creation Date: September 2018
Last Approved By: PACT Charter School Board of Directors
Last Approved Date: April 4, 2024
Year Reviewed: 2023-2024

---

BACKGROUND

PACT Charter School recognizes its responsibility regarding collecting, maintaining, and disseminating pupil records and the protection of the privacy rights of students as provided in federal law and state statutes. The following policy is adopted according to the requirements of 20 U.S.C. § 1232g, et seq. (Family Educational Rights and Privacy Act), 34 C.F.R. Part 99 and consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, and Minn. Rules, Parts 1205.0100 to 1205.2000.

 

PURPOSE

This policy aims to define education data, identify various protections afforded to such data, and establish procedures required by state and federal law.

 

POLICY STATEMENT

PACT Charter School's policy is to fully comply with state and federal laws regarding the classification, maintenance and use of education data. Education data is governed by state law, Minn. Stat. §13.32. Education data is also governed by federal law, the Family Educational Rights and Privacy Act (FERPA) and its regulations in 34 CFR, Part 99.

 

 

DEFINITIONS

Directory Information: “Directory information” means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. It includes but is not limited to the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (i.e., full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended. It also includes the name, address, and telephone number of the student’s parent(s).

Directory information does not include:

1. A student’s social security number;
2. A student’s identification number (ID), user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems if the identifier may be used to access education records without the use of one or more factors that authenticate the student’s identity such as a personal identification number (PIN), password, or other factors is known or possessed only by the authorized user;
3. A student ID or other unique personal identifier that is displayed on a student ID badge if the identifier can be used to gain access to educational records when used in conjunction with one or more factors that authenticate the student’s identity, such as a PIN, password, or other factor known or possessed only by the student;
4. Personally identifiable data which references religion, race, color, social position, or nationality; or
5. Data collected from nonpublic school students, other than those who receive shared time educational services, unless the student’s parent or guardian gives written consent.

Education Records:  

1. What constitutes “education records.” Education records mean those records which: (1) are directly related to a student; and (2) are maintained by the charter school or by a party acting for the charter school.
2. What does not constitute an education record? The term “education records” does not include:

1. Records of instructional personnel which:

(1)   are in the sole possession of the maker of the record; and

(2)   are not accessible or revealed to any other individual except a substitute teacher; and

(3)   are destroyed at the end of the school year.

 

1. Records of a law enforcement unit of the charter school, provided education records maintained by the charter school  are not disclosed to the unit, and the law enforcement records are:

(1)   maintained separately from education records;

(2)   maintained solely for law enforcement purposes; and

(3)   disclosed only to law enforcement officials of the same jurisdiction.

 

iii.  Records relating to an individual, including a student, who is employed by the charter school which:

(1)   are made and maintained in the normal course of business;

(2)   relate exclusively to the individual in that individual’s capacity as an employee; and

(3)   are not available for use for any other purpose.

 

However, these provisions shall not apply to records relating to an individual in attendance at the charter school who is employed as a result of his or her status as a student.

1. Records relating to an eligible student or a student attending an institution of post-secondary education which are:

(1) made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity or assisting in that capacity;

(2)  made, maintained, or used only in connection with the provision of treatment to the student; and

(3) disclosed only to individuals providing the treatment, provided that the records can be personally reviewed by a physician or other appropriate professional of the student’s choice. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the charter school's program of instruction.

 Records that only contain information about an individual after he or she is no longer a student at the charter school and that are not directly related to the individual’s attendance as a student.

1. Eligible Student: All rights and protections given to parents under this policy transfer to the student when he or she reaches eighteen (18) years of age or enrolls in an institution of post-secondary education. The student then becomes an “eligible student.” However, the parents of an eligible student who is also a “dependent student” are entitled to gain access to the education records of such a student without first obtaining the consent of the student. In addition, parents of an eligible student may be given access to education records in connection with a health or safety emergency if the disclosure meets the conditions of any provision set forth in 34 C.F.R. § 99.31(a).
2. Legitimate Educational Interest:“Legitimate educational interest” includes interest directly related to classroom instruction, teaching, student achievement and progress, the discipline of a student, student health and welfare, and the ability to respond to a request for education data. It includes a person’s need to know in order to: (a) perform an administrative task required in the school or the employee's contract or job description approved by the Board, (b) perform an instructional or supervisory task directly related to a student's education, (c) perform a service or benefit for the student or the student's family, such as health care, counseling, student job placement, or student financial aid; or (d) perform a task directly related to responding to a request for data.
3. Parent: “Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent of the student in the absence of a parent or guardian. The charter school may presume the parent has the authority to exercise the rights provided herein unless it has been provided with evidence that there is a state law or court order governing such matters as marriage dissolution, separation or child custody, or a legally binding instrument that provides to the contrary.
4. Personally Identifiable: “Personally identifiable” means that the data or information includes, but is not limited to: (a) a student’s name; (b) the name of the student’s parent or other family member; (c) the address of the student or student’s family; (d) a personal identifier such as the student’s social security number or student number or biometric record; (e) other direct identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; (f) 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 reasonable certainty; or (g) information requested by a person who the charter school reasonably believes knows the identity of the student to whom the education record relates.
5. Responsible Authority: This means the Chief Executive Director or his or her designee.
6. Student: “Student” includes any individual who is or has been in attendance, enrolled, or registered at the charter school and regarding whom the charter school maintains education records. Student also includes applicants for enrollment or registration at the charter school and individuals who receive shared time educational services from the charter school.
7. School Official:“School official” includes: (a) a person duly elected to the Board; (b) a person employed by the board in an administrative, supervisory, instructional, or other professional position; (c) a person employed by the Board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and (d) a person employed by, or under contract to, the Board to perform a special task such as a secretary, a clerk, a public information officer or data practices compliance official, an attorney, or an auditor for the period of his or her performance as an employee or contractor. “School official” also includes a police liaison officer when the individual is performing duties as a police liaison officer.
8. Summary Data: This Means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify the individual is ascertainable.
9. Data Practices Compliance : 

• Data Practices Responsible Authority: Board Chair 
• Data Practices Designated Authority: Chief Executive Director 
• Data Practices Compliance Official: District Records Coordinator

CLASSIFICATION OF DATA

State laws provide that all data collected, created, received, or maintained by an educational agency are public unless classified by state or federal law as not public, private or confidential. State law classifies all educational data on students other than directory information maintained by an educational agency as private data. These data may not be disclosed to parties other than the parent or eligible student without consent, except pursuant to a valid court order,  certain state statutes authorizing access, and the provisions of FERPA and the regulations promulgated thereunder.

DISCLOSURE OF EDUCATION RECORDS  

1. Consent Required for Disclosure
2. The charter school shall obtain a signed and dated written informed consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of the student, except as provided herein.
3. The written consent required by this subdivision must be signed and dated by the parent of the student or the eligible student giving the consent and shall include:
4. a specification of the records to be disclosed;
5. the purpose or purposes of the disclosure;
6. the party or class of parties to whom the disclosure may be made;
7. the consequences of giving informed consent; and
8. if appropriate, the termination date for the consent.
9. When a disclosure is made under this subdivision:
10. if the parent or eligible student so requests, the charter school shall provide him or her with a copy of the records disclosed; and
11. if the parent of a student who is not an eligible student so requests, the charter school shall provide the student with a copy of the records disclosed.
12. A signed and dated written consent may include a record and signature in electronic form that:
13. identifies and authenticates a particular person as the source of the electronic consent; and
14. indicates such person’s approval of the information contained in the electronic consent.
15. If the responsible authority seeks an individual’s informed consent to the release of private data to an insurer or the authorized representative of an insurer, informed consent shall not be deemed to have been given unless the statement is:
16. in plain language;
17. dated;
18. specific in designating the particular persons or agencies the data subject is authorizing to disclose information about the data subject;
19. specific as to the nature of the information the subject is authorizing to be disclosed;
20. specific as to the persons or agencies to whom the subject is authorizing information to be disclosed;
21. specific as to the purpose or purposes for which the information may be used by any of the parties named in Clause e. above, both at the time of the disclosure and at any time in the future; and
22. specific as to its expiration date which should be within a reasonable time, not to exceed one year except in the case of authorizations given in connection with applications for: (i) life insurance or noncancellable or guaranteed renewable health insurance and identified as such, two years after the date of the policy, or (ii) medical assistance under Minn. Stat. Ch. 256B or Minnesota Care under Minn. Stat. Ch. 256L, which shall be ongoing during all terms of eligibility, for individualized education program health-related services provided by a school district or charter school that are subject to third-party reimbursement.
23. Whenever a student has attained eighteen (18) years of age or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student, except as otherwise provided in this policy.

Prior Consent for Disclosure Not Required

The charter school may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student unless otherwise provided herein if the disclosure is:

1. To other school officials, including teachers, within the charter school whom the charter school determines to have a legitimate educational interest in such records.
2. To a contractor, consultant, volunteer, or other parties to whom the charter school has outsourced institutional services or functions provided that the outside party:
3. performs an institutional service or function for which the charter school would otherwise use employees;
4. is under the direct control of the charter school with respect to the use and maintenance of education records, and
5. will not disclose the information to any other party without the prior consent of the parent or eligible student and uses the information only for the purposes for which the disclosure was made.
6. To officials of other schools, school districts, or post-secondary educational institutions in which the student seeks or intends to enroll, or is already enrolled, as long as the disclosure is for purposes related to the student’s enrollment or transfer. The records shall include information about disciplinary action taken as a result of any incident in which a student possessed or used a dangerous weapon, and with proper annual notice, suspension and expulsion information pursuant to section 7917 of the federal Every Student Succeeds Act. The records also shall include a copy of any probable cause notice or any disposition or a court order under Minn. Stat. § 260B.171, unless the data are required to be destroyed under Minn. Stat. § 120A.22, Subd. 7(c) or § 121A.75. On request, the charter school will provide the parent or eligible student with a copy of the education records which have been transferred and provide an opportunity for a hearing to challenge the content of those records in accordance with this policy.
7. To authorized state and federal officials as provided in federal and/or state statute.
8. In connection with financial aid for which a student has applied or received, if the information is necessary for such purposes as to:
9. determine eligibility for the aid;
10. determine the amount of the aid;
11. determine conditions for the aid; or
12. enforce the terms and conditions of the aid.

 “Financial aid” for purposes of this provision means a payment of funds provided to an individual or a payment in a tangible or intangible property to the individual that is conditioned on the individual’s attendance at an educational agency or institution;

1. To accrediting organizations to carry out their accrediting functions.
2. To organizations conducting studies for educational purposes provided that the studies are conducted in a manner which will not permit the personal identification of students or parents by individuals other than official representatives of the organizations making the studies.
3. To parents of a student eighteen (18) years of age or older if the student is a dependent of the parents for income tax purposes.
4. To comply with a judicial order or lawfully issued subpoena provided that the charter school makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena, or any other subpoena issued for law enforcement purposes, and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or the disclosure is in compliance with an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. § 2332b(g)(5)(B), an act of domestic or international terrorism as defined in 18 U.S.C. § 2331, or a parent is a party to a court proceeding involving child abuse and neglect or dependency matters, and the order is issued in the context of the proceeding. If the charter school initiates legal action against a parent or student, it may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the charter school to proceed with the legal action as plaintiff.  Also, if a parent or eligible student initiates a legal action against the charter school, the charter school may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the charter school to defend itself.
5. To appropriate parties, including parents of an eligible student,  in connection with an emergency if knowledge of the information is necessary to protect the health, including mental health, or safety of the student or other individuals. The decision is to be based upon information available at the time the threat occurs that indicates that there is an articulable and significant threat to the health or safety of a student or other individuals. In deciding whether to disclose information under this section, the charter school may take into account the totality of the circumstances pertaining to a threat and may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other students. A record of this disclosure must be maintained in the student’s education record.  In addition, an educational agency or institution may include in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.  This information may be disclosed to teachers and school officials within the charter school and/or teachers and school officials in other schools who have legitimate educational interests in the behavior of the student.
6. To military recruiting officers and post-secondary educational institutions in accordance with applicable federal and state law.
7. To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted.
8. To volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the charter school for students or former students.
9. To the juvenile justice system, on written request that certifies that the information will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student:
10. The following information about a student must be disclosed:   the student’s full name, home address, phone number, date of birth, school schedule, attendance record, photographs, if any, and parents' names, home addresses and phone numbers; and
11. The existence of the following information about a student, not the actual data or other information contained in the student's educational record, may be disclosed provided that a request for access must be submitted on the statutory form and it must contain an explanation of why access to the information is necessary to serve the student: (1) use of a controlled substance, alcohol, or tobacco; (2) assaultive or threatening conduct that could result in dismissal from school under the Pupil Fair Dismissal Act; (3) possession or use of weapons or look-alike weapons; (4) theft; or (5) vandalism or other damage to property. Before releasing this information, the Executive Director of a school that receives such a request must, to the extent permitted by federal law, notify the student's parent or guardian by certified mail of the request to disclose information. If the student's parent or guardian notifies the school official of an objection to the disclosure within ten (10) days of receiving certified notice, the school official must not disclose the information and instead must inform the requesting member of the juvenile justice system of the objection. If no objection from the parent or guardian is received within fourteen (14) days, the school official must respond to the request for information.
12. The written requests of the juvenile justice system member(s), as well as a record of any release, must be maintained in the student's file.
13. To the director where the student attends, and to any counselor directly supervising or reporting on the behavior or progress of the student if it is information from a disposition order received by a superintendent under Minn. Stat. § 260B.171, Subd. 3. The Executive Director must notify the counselor immediately and must place the disposition order in the student’s permanent education record. The Executive Director also must notify immediately any teacher or administrator who directly supervises or reports on the behavior or progress of the student whom the Executive Director believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. The Executive Director may also notify other charter school employees, substitutes, and volunteers who are in direct contact with the student if the Executive Director determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. Such notices from the Executive Director must identify the student, outline the offense, and describe any conditions of probation about which the school must provide information if this information is provided in the disposition order.  The disposition order information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information may not be further disseminated by the counselor, teacher, administrator, staff member, substitute, or volunteer except as necessary to serve the student, to protect students and staff, or as otherwise required by law, and only to the student or the student’s parent or guardian;
14. To the director where the student attends if it is information from a peace officer’s record of children received by the Chief Executive Director under Minn. Stat. § 260B.171, Subd. 5.  The Executive Director must place the information in the student’s education record. The Executive Director also must notify immediately any teacher, counselor, or administrator directly supervising the student whom the Executive Director believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability.  The Executive Director may also notify other charter school employees, substitutes, and volunteers who are in direct contact with the student if the Executive Director determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. Such notices from the Executive Director must identify the student and describe the alleged offense if this information is provided in the peace officer’s notice.  Peace officer’s record information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information must not be further disseminated by the counselor, teacher administrator, staff member, substitute, or volunteer except to communicate with the student or the student’s parent or guardian as necessary to serve the student, to protect students and staff, or as otherwise required by law. The Executive Director must delete the peace officer’s record from the student’s education record, destroy the data, and make reasonable efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who received information from the peace officer’s record if the county attorney determines not to proceed with a petition or directs the student into a diversion or mediation program or if a juvenile court makes a decision on a petition and the county attorney or juvenile court notifies the superintendent of such action.
15. To school staff, for the purpose of notification of students with a history of violent behavior, pursuant to state law.

Certain records such as those containing child welfare reports pertaining to abused or battered children shall not be made available to parents. Reports made by the charter school under Minn. Stat. § 626.556 shall be accessible only to appropriate welfare and law enforcement agencies. The subject individual may obtain a copy of the report from either the local welfare agency, county sheriff or the local police department as permitted by state law.

The charter school may deny access to parents to their student's education records upon written request of the student if it determines denying parental access would be in the best interests of the student, considering the factors stated in state and federal laws.

Students shall not be entitled to access to private data concerning financial records and statements of the student's parents.

PROCEDURE FOR OBTAINING NON-DISCLOSURE OF DIRECTORY INFORMATION

Within thirty (30) days after annual public notice regarding directory information has been provided, the parent's or eligible student's written notice requesting nondisclosure of directory information shall be directed to the responsible authority and shall include the following:

1. Name of the student and/or parent, as appropriate;
2. Home address;
3. School presently attended by the student;
4. Parent's legal relationship to the student, if applicable; and
5. Specific categories of directory information to be made not public without the parent's or eligible student's prior written consent, which shall only be applicable for that school year.

WHEN PRIOR INFORMED CONSENT TO RELEASE EDUCATION RECORDS IS NOT REQUIRED

In certain circumstances, PACT Charter School may release information from the education records of a student without the prior informed consent of the parent of the student if the disclosure is consistent with state and federal laws governing such release. These circumstances include:

Pursuant to a valid subpoena or court order. However, PACT Charter School must make a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance so that the parent or eligible student may seek protective action unless the disclosure complies with:

Federal grand jury subpoena, and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or

An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.

Pursuant to a statute specifically authorizing access to the private data;

The disclosure is to other school officials, including teachers, if the officials are determined to have legitimate educational interests.

The disclosure is 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 so long as the disclosure is for purposes related to the student's enrollment or transfer;

To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;

To appropriate school officials to the extent necessary to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;

To volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;

To the Commissioner of Education for purposes of an assessment or investigation of a report of alleged maltreatment of a student. Upon request by the Commissioner, data that are relevant to a report of maltreatment and are from the school’s investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:

Information regarding the student alleged to have been maltreated;

Information regarding student and employee witnesses;

Information regarding the alleged perpetrator; and

The corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district.

The disclosure is information that PACT Charter School has designated as “directory information.”

 

 

 PROCEDURE FOR REFUSING RELEASE OF DATA TO MILITARY RECRUITMENT OFFICERS

To refuse the release of information to military recruiting officers, a parent or eligible student must notify the responsible authority, the Chief Executive Director, in writing, by October 1 of each school year. The written request must include the following information:

1. Name of student and parent, as appropriate;
2. Home address;
3. Student's grade level;
4. School presently attended by the student;
5. Parent's legal relationship to the student, if applicable;
6. Specific category or categories of information which are not to be released to military recruiters; and
7. Specific category or categories of information that are not to be released to the public, including military recruiters.

A parent or eligible student's refusal to release the above information to military recruiting officers does not affect the charter school’s release of directory information to the rest of the public, including military recruiting officers. To make any directory information about a student private, the procedures in section 1 of these rules also must be followed. Accordingly, to the extent the charter school has designated the name, address, phone number, and grade level of students as directory information, absent a request from a parent or eligible student not to release such data, this information will be public data and accessible to members of the public, including military recruiting officers.

Data released to military recruitment officers may be used only for the purpose of providing information to students about military service, state and federal veterans' education benefits, and other career and educational opportunities provided by the military and cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces.

REDISCLOSURE

Consistent with the requirements herein, the charter school may only disclose personally identifiable information from the education records of a student on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the proper written consent of the parent of the student or the eligible student, except that the officers, employees, and agents of any party receiving personally identifiable information under this section may use the information, but only for the purposes for which the disclosure was made.

REVIEW OF STORED DATA

The charter school shall permit the parent of a student who is or has been in attendance in the charter school to inspect and review the education records of the student. The charter school shall comply with such a request immediately, if possible, or within ten working days of the date the request is received, exclusive of Saturdays, Sundays, and holidays. The right to inspect and review education records under the preceding paragraph includes:

1. The right to responses from charter school officials to reasonable requests for explanations and interpretations of the records.
2. The right to obtain copies of the records from the charter school where the failure of the charter school to provide the copies would effectively prevent a parent or eligible student from exercising the right to inspect and review the education records.

Parents or eligible students wishing to inspect educational records shall submit to the charter school a written request which identifies as precisely as possible the record or records to be inspected. If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information which pertains to that student.

The charter school may presume that either parent of the student has the authority to inspect and review the education records of the student unless the charter school has been provided with evidence that there is a legally binding instrument, state law, or court order governing such matters as divorce, separation or custody, which provides to the contrary.

A record of review of education records pursuant to this section shall be recorded on a form attached to the student's file.

The parent or eligible student shall bear the cost of providing copies of records. The responsible authority may waive this fee in whole or in part if he or she determines that failure to do so would effectively prevent the parent or eligible student from exercising the right to inspect and review those records. The charter school reserves the right to make a charge for copies such as transcripts it forwards to potential employers or post-secondary educational institutions for employment or admissions purposes.

 

 REQUEST TO AMEND RECORDS: PROCEDURES TO CHALLENGE DATA

Request to Amend Education Records: The parent or guardian of a student or an eligible student who believes that information contained in the education records is inaccurate, incomplete, misleading, or violates the rights of a student may request that the charter school amend those records.

1. The request shall be in writing, shall identify the item the requestor believes to be inaccurate, misleading, or in violation of the privacy or other rights of the student, shall state the reason for this belief, and shall specify the correction the requestor wishes the charter school to make. The request shall be signed and dated by the requestor.
2. The charter school shall decide whether to amend the education records of the student in accordance with the request within thirty (30) days after receiving the request.
3. If the charter school decides to refuse to amend the education records of the student in accordance with the request, it shall inform the parent of the student or the eligible student of the refusal and advise the parent or eligible student of the right to a hearing under Subdivision B. of this section.

Right to a Hearing: If the charter school refuses to amend the education records of a student, the charter school, on request, shall provide an opportunity for a hearing to challenge the content of the student’s education records to ensure that information in the education records of the student is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student.  A hearing shall be conducted in accordance with Subdivision C. of this section.

1.  If, as a result of the hearing, the charter school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly and so inform the parent of the student or the eligible student in writing.
2.  If, as a result of the hearing, the charter school decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the charter school or both.
3.  Any statement placed in the education records of the student under Subdivision B. of this section shall:

1. be maintained by the charter school as part of the education records of the student so long as the charter school maintains the record or contested portion thereof; and
2. if the charter school discloses the education records of the student or the contested portion thereof to any party, the explanation shall also be disclosed to that party.

Conduct of Hearing: 

• The hearing shall be held within a reasonable period of time after the charter school has received the request, and the parent of the student or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing.
• The hearing may be conducted by any individual, including an official of the charter school who does not have a direct interest in the outcome of the hearing. The board attorney shall be in attendance to present the board’s position and advise the designated hearing officer on legal and evidentiary matters.
• The parent of the student or eligible student shall be afforded a full and fair opportunity for hearing to present evidence relative to the issues raised under Subdivisions A. and B. of this section and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.
• The charter school shall decide writing within a reasonable period of time after the conclusion of the hearing.  The decision shall be based solely on the evidence presented at the hearing and shall include a summary of evidence and reasons for the decision.

 

Appeal: The final decision of the designated hearing officer may be appealed by the applicable provisions of Minn. Stat. Ch. 14 relating to contested cases.

 

RECORD SECURITY

1. Responsible Authority: The responsible authority shall be responsible for the maintenance and security of student records.
2. The Executive Director of Education, subject to the supervision and control of the Chief Executive Director, shall be the record manager for the school program and shall be responsible for maintaining and securing the privacy of student records according to charter school policy.
3. Plan for Securing Student Records: The Executive Director(s) of Education shall submit to the Chief Executive Director a written plan for securing student records each year. The plan shall include:

• A description of the records maintained.
• Titles and addresses of a specific person(s) responsible for the security of student records.
• Location of student records, by category, in the building(s)
• Means of securing student records.
• Procedures for access and disclosure.

The Chief Executive Director shall examine all plans and certify in writing that they comply with the law and with this policy. Any proposed plan changes are subject to approval by the Chief Executive Director. The Chief Executive Director shall then promulgate a chart incorporating the provisions of Paragraph C., which shall be attached to and become a part of this policy.

1. Record Keeping: The Chief Executive Director shall maintain a record of each request for personally identifiable information from the education records of a student. The record shall indicate:
2. The parties who have requested or received personally identifiable information from the education records of the student.
3. the legitimate interests these parties had in requesting or obtaining the information; and
4. the names of the state and local educational authorities and federal officials and agencies listed in this policy that may make further disclosures of personally identifiable information from the student’s education records without consent

The above does not apply to requests by or disclosures to a parent or student, with the written permission of a parent or eligible student, disclosures to appropriate school officials, or disclosures of directory information. 

1. Inspection of Record of Requests: The record of requests and disclosures may be inspected by:
2. The parent of the student or the eligible student.
3. The school official or his or her assistant is responsible for the custody of the records.
4. Persons authorized by law to audit the charter school’s record-keeping procedures.
5. Recording Disclosures Pursuant to Health and Safety Emergency: The charter school shall record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception:
6. the articulable and significant threat to the health or safety of a student or other individual that formed the basis for the disclosure; and
7. the parties to whom the charter school disclosed the information.
8. Maintaining Record of Requests: The record of requests and disclosures shall be maintained with the education records of the student as long as the charter school maintains the student’s education records.

 

RIGHTS OF PARENTS AND STUDENTS

Statement of Rights: Parents and eligible students have the following rights under this policy:

1. To inspect and review the student's education records;
2. To consent to disclosures of personally identifiable information contained in the student's education records, except where consent is not required for disclosure;
3. To request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights;
4. To refuse the release of the names, addresses, and home telephone numbers of students in grades 11 and 12  to military recruiting officers and post-secondary educational institutions;
5. To file a complaint with the U.S. Department of Education for alleged violations of federal law;
6. To be informed about rights under the federal law; and
7. To obtain a copy of this policy at the office of the Chief Executive Director.

All rights of parents under this policy transfer to the student when he or she reaches eighteen (18) years of age or enrolls in an institution of post-secondary education. However, the parents of an eligible student, who is also a dependent student, retain the right to gain access to the student's education records without first obtaining the student's consent. In addition, parents of an eligible student may be given access to education records in connection with a health or safety emergency if the disclosure meets the conditions of any provision set forth in 34 C.F.R. § 99.31(a).

The charter school shall respond to any request of a student, an eligible student, or the parent of an eligible student who is also a dependent student to inspect and review education records immediately, if possible, or within ten (10) days of the date of the request, excluding Saturdays, Sundays and legal holidays.

Annual Notification of Rights: The charter school shall give parents of students currently in attendance and eligible students currently in attendance annual notice by such means as are reasonably likely to inform the parents and eligible students of the following:

1. That the parent or eligible student has a right to inspect and review the student’s education records and the procedure for inspecting and reviewing education records;
2. That the parent or eligible student has a right to seek amendment of the student’s education records to ensure that those records are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights and the procedure for requesting amendment of records;
3. That the parent or eligible student has a right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosure without consent;
4. That the parent or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the charter school to comply with the requirements of FERPA and the rules promulgated thereunder;
5. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest for purposes of disclosing education records to other school officials whom the charter school has determined to have legitimate educational interests; and
6. That the charter school forwards education records on request to a school in which a student seeks or intends to enroll or is already enrolled as long as the disclosure is for purposes related to the student’s enrollment or transfer and that such records may include suspension and expulsion records pursuant to the federal Every Student Succeeds Act and, if applicable, a student’s history of violent behavior.

Complaints about Non-Compliance: Complaints regarding alleged violations of rights accorded parents and eligible students by FERPA and the rules promulgated thereunder shall be submitted in writing to the Family Policy Compliance Office, U.S. Department of Education. 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605. A complaint filed under this section must contain specific allegations of fact giving reasonable cause to believe that a violation of federal law or rule has occurred.

Legal References:

Minn. Stat. § 13.32 (Minnesota Government Data Practices Act; Educational Data)

Minn. Stat. § 124E.03, subd. 5(a) (Minnesota Charter Schools Law) 

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

34 CFR Part 99 (FERPA implementing regulations)

 

Rationale: The purpose of this policy is to establish a well-defined system of maintaining and processing student records in conformity with state and federal rules and laws governing data privacy.