Contact Us Placement Safety Records Welfare/Attendance
Contact Us Health Services School Counselors

Printable Version

Student Records - BP 5130(a)

Students BP 5130(a)

STUDENT RECORDS

The Governing Board recognizes the importance of keeping accurate, comprehensive student records as required by law. Information about a student shall be used judiciously in ways that contribute to the student’s welfare, in accordance with law.

The Superintendent or designee shall establish regulations for Board approval governing the identification, description and security of student records, as well as timely access for authorized persons. These regulations shall ensure parental rights to review, inspect and photocopy student records and shall protect the student and the student’s family from invasion of privacy.

Custodians of Records

The Superintendent or designee shall serve as custodian of records, with responsibility for student records at the District level. At each school, the principal or a certificated designee shall act as custodian of records for students enrolled. The custodian of records shall establish procedures which maintain the confidentiality of information contained in student records. (Code of Regulations, Title 5, 431)

Definitions

"Parent" means a natural parent, adoptive parent, or legal guardian. If parents are divorced or legally separated, only the parent having legal custody of the student may challenge the content of a record, offer a written response to a record, or consent to release records to others. Either parent may grant consent if both parents notify the district, in writing, that such an agreement has been made. (Education Code 49061)

Once a student reaches the age of 18 or graduates from the District, he/she alone shall exercise these rights and grant consent for the release of records. (Education Code 49061)

"Student record" means any item of information, other than directory information, directly related to an identifiable student and maintained by the District or required to be maintained by a school employee in the performance of his duties, whether recorded in handwriting, print, tapes, film, microfilm, or by other means. The student record shall include the student’s health record. (Education Code 49061)

"Student record" shall not include informal notes about a student which a school employee keeps for private use and are not revealed to any other person except a substitute. (Education Code 49061)

"Student record" means information relative to a student gathered within or without the school system. Any information maintained for the purpose of second party review is considered a student record. (Code of Regulations, Title 5, Section 430)

"Adult student" means a person who is or was enrolled in school and who is at least 18 years of age. (Title 5, Section 430)

"Eligible student" means a person 16 years or older or who has completed Grade 10. (Title 5, Section 430)

"School officials and employees" are District certificated employees, District administrators, and designated District classified employees, including, but not limited to: academic advisors, registrars, school secretaries and clerks, and health technicians and clerks. A "legitimate educational interest" is one held by officials and employees whose duties and responsibilities to the District require that they have access to student records. The custodian of records shall determine whether the person seeking access meets the required criteria.

"Mandatory Permanent Student Records," which shall be kept indefinitely, include: (Title 5, Section 432)

1. Legal name of student.

2. Date and place of birth.

3. Method of verification of birth date.

4. Sex of student.

5. Name and address of parent/guardian of minor student.

a. Address of minor student if different from the above.

b. Annual verification of parent/guardian’s name and address and student’s residence.

6. Entering and leaving date of each school year.

7. Subjects taken during each year, half-year, summer session or quarter, and marks or grades given.

8. Verification of required immunizations or waiver.

9. Date of high school graduation or equivalent.

"Mandatory Interim Student Records," which may be destroyed after a stipulated length of time, include: (Title 5, Section 432)

1. A log identifying persons or agencies who request or receive information from the student record. Log shall be accessible only to the legal parent/guardian, eligible student, dependent adult student, adult student or custodian of records.

2. Health information, including Child Health Development Disabilities Prevention Program verification or waiver.

3. Information on participation in special education programs including required tests, case studies, authorization, and evidence of eligibility for admission or discharge.

4. Language training records.

5. Progress slips/notices required by Education Code 49066 and 49067.

6. Parental stipulations regarding access to directory information.

7. Parent/guardian or adult student rejoinders to challenged records and to disciplinary action.

8. Parental authorization or denial of student participation in specific programs.

9. Results of standardized tests given within the past three years.

"Permitted Records," kept only as currently useful, may include: (Title 5, Section 4432)

1. Objective administrator, counselor/teacher ratings.

2. Disciplinary notices and data.

3. Verified reports of relevant behavior patterns.

4. Standardized test results older than three years.

5. Supplementary attendance records.

 

 

"Access" means a personal inspection and review of a record, an accurate copy of a record, or receipt of an accurate copy of a record, an oral description or communication of a record, and a request to release a copy of any record. (Education Code 490961)

1. No additions except routine updating shall be made to a student’s record after high school graduation or permanent departure without prior consent of the parent/guardian or adult student. (Title 5, Section 437)

2. Mandatory Permanent Student Records shall be kept in perpetuity. (Title 5, Section 437)

3. Unless forwarded to another district, Mandatory Interim Student Records may be destroyed three years after determining that their usefulness has ceased or that the student has left the district. (Title 5, Section 437)

4. Permitted Student Records may be destroyed when their usefulness ceases. They may be destroyed six months after the student completes or withdraws from the educational program. (Title 5, Section 437)

5. Records shall be destroyed in a way that guarantees they will not be viewed by the public. (Title 5, Section 437)

Access to Student Records

The custodian of records shall be responsible for the security of student records and shall assure that access is limited to authorized persons. (Title 5, Section 433)

Access to student records and information shall not be denied to a parent/guardian because he/she is not the child’s custodial parent/guardian. (Civil code 4600.5)

Those granted access are prohibited from releasing information to another person or agency without written permission from the parent/guardian or adult student (age 18 or older). (Education code 49076)

Certificated personnel will be available to interpret records where appropriate. (Title 5, Section 431)

Access by Consent

Persons, agencies or organizations not afforded access rights may be granted access only through written permission of the adult student or the parent/guardian with custody. (Education Code 49075)  

Parental consent is not required when information is shared with other persons within educational institutions, agencies or organizations obtaining access, so long as those persons have a legitimate interest in the information. (Education Code 49076)

Log

For each student’s record, the school custodian of records shall keep a log identifying all persons, agencies or organizations requesting or receiving information from the record. The log does not have to be signed by: (Education Code 49064)

1. Parents/guardians or adult students.

2. Students 16 years of age or older who have completed the 10th grade.

3. Parties obtaining district-approved directory information.

4. Parties who provide written parental consent. In this case, the consent notice shall be filed with the record.

5. School officials or employees who have legitimate educational interest.

The log may be inspected by a parent/guardian, the school custodian of records, and certain state/federal officials. (Education Code 49064)

Mandatory Access

The following persons or agencies shall have access to student records within five days following the date of the request:

1. Natural parents, adoptive parents, or legal guardians of students younger than age 18, during school hours within five days of the request. Upon request, qualified certificated staff will be available to interpret the records. (Education Code 490069)

2. Adult students (age 18 or older). (Education code 49061)

3. Those so authorized in compliance with a court order. (Education Code 49077) If lawfully possible, the District shall first give the parent/guardian or adult student three days’ notice, telling who is requesting what records. (Title 5, Section 435)

The following persons or agencies shall have access to those particular records which are relevant to the legitimate educational interests of the requester:

1. Natural or adoptive parents of a dependent student age 18 or older. (Education Code 49076)

2. Students 16 or older or who have completed the tenth grade. (Education Code 49076)

3. School officials and employees. (Education Code 49076)

4. School Attendance and Review Board (SARB) members and involved school officials and employees. (Education Code 49076)

5. Officials or employees of other public schools or school systems where educational programs leading to high school graduation are provided. (Education Code 49076)

6. Federal, state and local officials, as needed for program audits or compliance with law. (Education Code 49076)

7. County child welfare services workers responsible for the case plan of a minor who is being placed in foster care. (Welfare and Institutions Code 16010)

Permitted Access

The District may release information from student records to the following: (Education Code 49076)

1. Appropriate persons in an emergency if health and safety are at stake.

2. Agencies or organizations in connection with student’s application for financial aid.

3. Accrediting associations.

4. Organizations conducting studies on behalf of educational institutions or agencies, as limited by Education Code 49076.

5. Officials and employees of private schools or school systems where the student is enrolled or intends to enroll, subject to the parent/guardian rights in Education Code 49068.

Notification of Parents/Guardians

Upon initial enrollment and at the beginning of each year thereafter, the District shall notify parents/guardians in writing that they may inspect and review student records during regular school hours with the help of certificated staff when requested. Insofar as practicable, these notices shall be written in the student’s home language. Parents/guardians shall also be told where they can be informed about: (Education Code 49063)

1. What types of student records are kept.

2. Where the records are kept.

3. The titles of the officials responsible for maintaining the records.

4. The location of the log identifying those who request information from the records.

5. District criteria for defining "school officials and employees" and for determining "legitimate educational interest."

6. District policies for reviewing and expunging student records.

7. District procedures for challenging the content of student records.

8. The cost of $0.25 per page which will be charged for reproducing copies of records, unless the parent presents proof of financial hardship to District officials processing the request.

9. The categories of information defined as directory information pursuant to Education Code 49073.

10. Any other rights and requirements set forth in Education Code 49060 - 49078, and the right of the parents/guardians to file a complaint with the United States Department of Health, Education, and Welfare concerning an alleged failure by the District to comply with the provisions of Section 438 of the Federal Education Provisions Act (20 USCA 1232g).  

11. The location of all official student records if not centrally located. (Education Code 49069)

12. The availability of qualified certificated personnel to interpret records when requested. (Education Code 49069)

Reproduction of Student Records

To provide copies of any student record, the district shall charge a per page fee of $0.25 plus other costs of mailing, if necessary. (Education Code 49065)

No charge shall be made for furnishing unofficial transcripts for current students.

A charge of $10 will be made for each official transcript for any current students and $15 for requests from former students. An additional of $5 will be charged when next day delivery is requested. Fees may be waived in cases of documented financial hardship.

Transfer of Student Records

1. When a student transfers to another school district or to a private school, the District shall forward a copy of his/her mandatory permanent records as requested by the other district or private school. The original or a copy of required records shall be retained permanently by the District. (Title 5, Section 438)

2. Mandatory interim records also shall be sent upon request to other California public school districts. Mandatory interim records may also be sent to out-of-state or private schools requesting them. (Title 5, Section 438)

3. Permitted records may be sent to any other public school district or private school. (Title 5, Section 438)

4. All student records shall be updated before they are transferred. (Title 5, Section 438)

5. Parent notification:

a. If the student transfers into the District from any other school district or a private school, this District shall inform the parent/guardian of his/her right to receive a copy of the permanent record received from the former school. The parent/guardian shall also be informed of his/her right to have a hearing in which to challenge the contents of that record. (Title 5, Section 438)  

b. If the student transfers out of state, the custodian of student records shall notify the parents/guardians at their last known address of their right to review, challenge, and receive a copy of the student record, if desired. (HEW Regulation 99.34)

6. If the student or parent/guardian owes the District charges or fees because of his/her damage or loss of school property, this information shall be sent to the requesting district along with the student’s records and a request that the receiving district also withhold those records pending the parent/guardian of student clearing those charges or fees.

Legal Reference:

EDUCATION CODE

48904 Liability of parent

48904.3 Withholding grades, diplomas, or transcripts of pupils causing property damage or injury; transfer of pupils to new school district; notice to rescind decision to withhold

49060-49078 Pupil records

CODE OF REGULATIONS, TITLE 5

430-438 Individual pupil records

16020-16028 Destruction of records of school districts

GOVERNMENT CODE

6252-6260 Inspection of public records

CIVIL CODE

4600.5 Joint custody

FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974

20U.S.C. 1232g

34 CODE OF FEDERAL REGULATIONS

99.34 Conditions of disclosure

300.500 Definition of "personally identifiable"

300.501 General responsibilities of public agencies

300.502 Opportunity to examine records

300.573 Destruction of information

Policy CAPISTRANO UNIFIED SCHOOL DISTRICT

adopted: August 18, 1997 San Juan Capistrano, California

revised: September 15, 2000

revised: August 8, 2005

revised: July 11, 2006

Non-Discrimination Statement

The Capistrano Unified School District prohibits discrimination, harassment, intimidation, and bullying in all district activities, programs, and employment based upon actual or perceived gender, gender identity, gender expression, race, ethnicity, color, religion, ancestry, nationality, national origin, ethnic group identification, sex, sexual orientation, marital or parental status, pregnancy, age, physical or mental disability or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics. Reference: AR 1312.3, BP 1312.3 and BP 5183.

Rich Montgomery, Executive Director, Human Resource Services/Compliance
33122 Valle Road, San Juan Capistrano, CA 92675
(949) 234-9200

Website Disclaimer

ATTENTION: The Capistrano Unified School District (CUSD) does not assume any responsibility or liability for the content that may be present within external Websites linked to and from this site that are operated or created by or for organizations outside of the CUSD. The linking to or from this site does not imply on the part of the CUSD or any of its schools any guarantee of quality, assumption of liability or endorsement of the organizations maintaining external Websites. Those organizations are solely responsible for the operation of their Website and quality of the content including advertisements, links, media, images and text that they may deem appropriate.