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Regulation 515(3)c.disclosed only to law enforcement officials of the samejurisdiction.Records relating to an individual, including a student, who isemployed by the District that:(1)are made and maintained in the normal course of business;(2)relate exclusively to the individual in that individual’scapacity as an employee; and(3)are not available for use for any other purpose.However, these provisions shall not apply to records relating to anindividual in attendance at the District who is employed as a resultof his or her status as a student.d.e.G.Records relating to an eligible student, or a student attending aninstitution of post-secondary education, which are:(1)made or maintained by a physician, psychiatrist,psychologist or other recognized professional orparaprofessional acting in his or her professional orparaprofessional capacity or assisting in that capacity;(2)made, maintained, or used only in connection with theprovision of treatment to the student; and(3)disclosed only to individuals providing the treatment;provided that the records can be personally reviewed by aphysician or other appropriate professional of the student’schoice. For the purpose of this definition, “treatment” doesnot include remedial educational activities or activities thatare a part of the program of instruction within the District.Records that only contain information about an individual after heor she is no longer a student at the District and that are not directlyrelated to the individual’s attendance as a student.Eligible Student“Eligible student” means a student who has attained eighteen (18) years of age oris attending an institution of post-secondary education.H.Juvenile Justice System“Juvenile justice system” includes criminal justice agencies and the judiciarywhen involved in juvenile justice activities.3

Regulation 515I.Legitimate Educational Interest“Legitimate educational interest” includes interest directly related to classroominstruction, teaching, student achievement and progress, discipline of a student,student health and welfare, and the ability to respond to a request for educationdata. It includes a person’s need to know in order to:J.1.Perform an administrative task required in the school or staff member’scontract or position description approved by the School Board;2.Perform a supervisory or instructional task directly related to thestudent’s education; or3.Perform a service or benefit for the student or the student’s family such ashealth care, counseling, and student job placement or student financialaid.4.Perform a task directly related to responding to a request for data.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 orguardian. The District may presume the parent has the authority to exercise therights provided herein, unless it has been provided with evidence that there is astate law or court order governing such matters as marriage dissolution,separation or child custody, or a legally binding instrument that provides to thecontrary.K.Personally Identifiable“Personally identifiable” means that the data or information includes, but is notlimited to: (a) a student’s name; (b) the name of the student’s parent or otherfamily member; (c) the address of the student or student’s family; (d) a personalidentifier such as the student’s social security number, student number orbiometric 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 incombination, is linked or linkable to a specific student that would allow areasonable person in the school community, who does not have personalknowledge of the relevant circumstances, to identify the student with reasonablecertainty; or (g) information requested by a person who the District reasonablyknows the identity of the student to whom the education record relates.L.Record“Record” means any information or data recorded in any way including, but notlimited to, handwriting, print, computer media, video or audio tape, film,microfilm and microfiche.4

Regulation 515M.Responsible Authority“Responsible authority” means Assistant Superintendent.N.Student“Student” includes any individual who is or has been in attendance; enrolled orregistered at the District and regarding whom the District maintains educationrecords. Student also includes applicants for enrollment or registration at theDistrict, and individuals who receive shared-time educational services from theDistrict.The term “Student” is inclusive of individuals enrolled in early childhood andadult basic education programs in the District.O.School Official“School official” includes: (a) a person duly elected to the School Board; (b) aperson employed by the School Board in an administrative, supervisory,instructional or other professional position; (c) a person employed by the SchoolBoard as a temporary substitute in a professional position for the period of his orher performance as a substitute; and (d) a person employed by, or under contractto, the School Board to perform a special task such as a secretary, a clerk, aspublic information officer or data practices compliance official, health or medicalstaff, therapist, an attorney or an auditor for the period of his or her performanceas a staff member or contractor.P.Summary Data“Summary data” means statistical records and reports derived from data onindividuals but in which individuals are not identified and from which neithertheir identities nor any other characteristic that could uniquely identify theindividual is ascertainable.Q.Other Terms and PhrasesAll other terms and phrases shall be defined in accordance with applicable stateand federal law or ordinary customary usage.II.GENERAL CLASSIFICATIONState law provides that all data collected, created, received or maintained by a Districtare public unless classified by state or federal law as not public or private orconfidential. State law classifies all data on individuals maintained by a District thatrelates to a student as private data on individuals. This data may not be disclosed toparties other than the parent or eligible student without consent, except pursuant to avalid court order, certain state statutes authorizing access, and the provisions FERPAand the regulations promulgated thereunder.5

Regulation 515III.STATEMENT OF RIGHTSA.Rights of Parents and Eligible StudentsParents and eligible students have the following rights under this Policy:B.1.The right to inspect and review the student’s education records;2.The right to request the amendment of the student’s education records toensure that they are not inaccurate, misleading or otherwise in violation ofthe student’s privacy or other rights;3.The right to consent to disclosures of personally identifiable informationcontained in the student’s education records, except to the extent that suchconsent is not required for disclosure pursuant to this Policy, state orfederal law, or the regulations promulgated thereunder;4.The right to refuse release of secondary students’ names, addresses, andhome telephone numbers to military recruiting officers;5.The right to file a complaint with the U.S. Department of Educationconcerning alleged failures by the school district to comply with thefederal law and the regulations promulgated thereunder;6.The right to be informed about rights under the federal law; and7.The right to obtain a copy of this Policy at the location set forth in theCOPIES OF POLICY section of this Policy.Eligible StudentsAll rights and protections given parents under this Policy transfer to the studentwhen he or she reaches eighteen (18) years of age or enrolls in an institution ofpost-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 educational records of such student without firstobtaining the consent of the student. In addition, parents of an eligible studentmay be given access to education records in connection with a health or safetyemergency if the disclosure meets the conditions of any provision set forth in 34C.F.R. § 99.31(a).C.Disabled StudentsThe District shall follow 34 C.F.R. §§ 300.610-300.617 with regard to theconfidentiality of information related to students with a disability.6

Regulation 515IV.DISCLOSURE OF EDUCATION RECORDSA.Consent Required for Disclosure1.The District shall obtain a signed and dated written consent of the parentof a student or the eligible student before disclosing personallyidentifiable information from the education records of the student, exceptas provided herein. Refer to Appendix, Page 34, “Consent to Release Private Data.”2.The written consent required by this subdivision must be signed anddated by the parent of the student or the eligible student giving theconsent and shall include:3.4.5.a.a specification of the records to be disclosed;b.the purpose or purposes of the disclosure;c.the party or class of parties to whom the disclosure may be made;andd.the consequences of giving informed consent; ande.if appropriate, a termination date for the consent.When a disclosure is made under this subdivision:a.if the parent or eligible student so requests, the District shallprovide him or her with a copy of the records disclosed; andb.if the parent of a student who is not an eligible student so requests,the District shall provide the student with a copy of the recordsdisclosedA signed and dated written consent may include a record and signature inelectronic form that:a.identifies and authenticates a particular person as the source of theelectronic consent; andb.indicates such person’s approval of the information contained inelectronic consent.If the responsible authority seeks an individual’s informed consent to therelease of private data to an insurer or the authorized representative of aninsurer, informed consent shall not be deemed to have been given unlessthe statement is:a.in plain language;7

Regulation 515b.dated;c.specific in designating the particular persons or agencies the datasubject is authorizing to disclose information about the datasubject;d.specific as to the nature of the information the subject isauthorizing to be disclosed;e.specific as to the persons or agencies to whom the subject isauthorizing information to be disclosed;f.specific as to the purpose or purposes for which the informationmay be used by any of the parties named in Clause “e” above, bothat the time of the disclosure and at any time in the future; andg.specific as to its expiration date, which should be within areasonable time, not to exceed one year except in the case ofauthorizations given in connection with applications for (i) lifeinsurance or non-cancelable or guaranteed renewable healthinsurance and identified as such, two years after the date of thepolicy, or (ii) medical assistance under Minn. Stat. Ch. 256B orMinnesota Care under Minn. Stat. Ch. 256L, which shall be ongoingduring all terms of eligibility, for individualized educationprogram health-related services provided by a District that aresubject to third-party reimbursement. Refer to Appendix, Page 35,“Permission to Release Information for Medical Assistance/Minnesota CareThird Party Billing.”Eligible Student Consent - Whenever a student has attained eighteen (18)years of age or is attending an institution of post-secondary education, therights accorded to and the consent required of the parent of the studentshall thereafter only be accorded to and required of the eligible student,except as provided in the STATEMENT OF RIGHTS section of this Policy.B.Prior Consent for Disclosure Not RequiredThe District may disclose personally identifiable information from the educationrecords of a student without the written consent of the parent of the student orthe eligible student unless otherwise provided herein, if the disclosure is:1.To other school officials, including teachers, within the District whom theDistrict determines have a legitimate educational interest in such records;2.To a contractor, consultant, volunteer, or other party to whom the Districthas outsourced institutional services or functions provided that theoutside party;8

Regulation 515a.performs an institutional service or function for which the Districtwould otherwise use employees;b.is under the direct control of the District with respect to the use andmaintenance of education records; andc.will not disclose the information to any other party without theprior consent of the parent or eligible student and uses theinformation only for the purposes for which the disclosure wasmade.3.To officials of other schools, school districts, or post-secondaryeducational institutions in which the student seeks or intends to enroll.The records shall include information about disciplinary action taken as aresult of any incident in which the student possessed or used a dangerousweapon, and with proper annual notice (See Part XIX.), suspension andexpulsion information pursuant to section 4155 of the federal No ChildLeft Behind Act and, if applicable, data regarding a student’s history ofviolent behavior. The records also shall include a copy of any probablecause notice or any disposition or court order under Minn. Stat. §260B.171, unless the data are required to be destroyed under Minn. Stat.§120A.22, Subd. 7 (c) of §121A.75. On request, the District will provide theparent or eligible student with a copy of the education records

b. Records of a law enforcement unit of the District, provided educational records maintained by the District are not disclosed to the unit, and the law enforcement records are: (1) maintained separately from education records;