Adopted:Revised:October 23, 2000January 24, 2005September 20, 2010February 22, 2016 [Mandatory/Routine Review/MSBA Model Policy Modified]School Board Revised: August 26, 2019 [Regulation Appendices Parent/Guardian Letter]Contact:Assistant SuperintendentPOLICY 515PROTECTION AND PRIVACY OF STUDENT RECORDSI.PURPOSETo collect, maintain and disseminate pupil records and protect the privacy rights ofstudents as provided in federal law and state statutes.II.GENERAL STATEMENT OF POLICYThe Superintendent of Schools is the ‘designated authority’ for the District regardingcollection, storage and dissemination of information relating to students. In carrying outthe duties and responsibilities, the Superintendent:A.May delegate certain activities relating to student records to administratorsand/or counselors.B.Shall develop regulations for the collection, storage and dissemination of studentrecords.C.Shall execute responsibilities relating to student records in accordance withfederal and sate laws and regulations and in accordance with establishedprocedures protecting the rights of individuals.D.Shall provide adequate information to the public relating to the types of recordsmaintained on students, of the procedure and right to inspect student recordsand of the name of the individual responsible for student records.E.Shall provide ongoing monitoring and evaluation of the student records systemto assure appropriate change relative to federal and state laws and regulationsand the needs of the District.School BoardINDEPENDENT SCHOOL DISTRICT 271Bloomington, MN

Table of ContentsI.DEFINITIONS . 1A.B.C.D.E.F.G.H.I.J.K.L.M.N.O.P.Q.Authorized Representative . 1Biometric Record . 1Dates of Enrollment. 1Dependent Student. 1Directory Information . 2Education Records. 2Eligible Student. 3Juvenile Justice System . 3Legitimate Educational Interest . 4Parent. 4Personally Identifiable . 4Record. 4Responsible Authority . 5Student . 5School Official . 5Summary Data . 5Other Terms and Phrases. 5II.GENERAL CLASSIFICATION . 5III.STATEMENT OF RIGHTS . 6A.B.C.IV.DISCLOSURE OF EDUCATION RECORDS . 7A.B.C.V.Consent Required for Disclosure . 7Prior Consent for Disclosure Not Required . 8Nonpublic School Students . 15RELEASE OF DIRECTORY INFORMATION . 16A.B.C.D.E.VI.Rights of Parents and Eligible Students . 6Eligible Students . 6Disabled Students . 6Classification . 16Former Students . 16Present Students and Parents . 16Procedure for Obtaining Nondisclosure of Directory Information . 17Duration . 18DISCLOSURE OF PRIVATE RECORDS . 18A.B.C.Private Records . 18Private Records Not Accessible to Parent . 18Private Records Not Accessible to Student . 19

VII.DISCLOSURE OF CONFIDENTIAL RECORDS . 19A.B.C.Confidential Records. 19Reports Under the Maltreatment of Minors Reporting Act. 19Investigative Data. 20VIII.DISCLOSURE OF SCHOOL RECORDS PRIOR TO EXCLUSION OREXPULSION HEARING. 21IX.DISCLOSURE OF DATA TO MILITARY RECRUITMENT OFFICERS. 21X.LIMITS ON REDISCLOSURE . 22A.B.C.D.XI.RESPONSIBLE AUTHORITY, RECORD SECURITY,AND RECORD KEEPING. 24A.B.C.D.E.XII.Responsible Authority . 24Record Security . 24Plan for Securing Student Records . 24Review of Written Plan for Securing Student Records . 24Recordkeeping . 24RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS . 26A.B.C.D.E.F.G.H.XIII.Redisclosure . 22Redisclosure Not Prohibited . 23Classification of Disclosed Data . 23Notification . 23Parent of a Student, an Eligible Student or the Parent of an EligibleStudent who is also a Dependent Student . 26Response to Request for Access . 26Right to Inspect and Review. 27Form of Request. 27Collection of Student Records . 27Records containing Information on More Than One Student . 27Authority to Inspect or Review . 27Fees for copies of Records. 28REQUEST TO AMEND RECORDS; PROCEDURES TOCHALLENGE DATA. 28A.B.C.D.Request to Amend Education Records . 28Right to a Hearing . 29Conduct of Hearing. 30Appeal . 30

XIV.PROBLEMS ACCESSING DATA . 30XV.COMPLAINTS FOR NONCOMPLIANCE. 31A.B.XVI.Where to File Complaints . 31Content of Complaint. 31WAIVER . 31XVII. ANNUAL NOTIFICATION OF RIGHTS . 31A.B.C.Contents of Notice . 31Notification to Parents of Students Having a PrimaryHome Language Other Than English . 32Notification to Parents or Eligible Students Who Are Disabled . 32XVIII. DESTRUCTION AND RETENTION OF RECORDS . 32XIX.COPIES OF POLICY . 32AppendixConsent to Release Private Data. 34Permission to Release Information for Medical Assistance/Minnesota CareThird Party Billing . 35Juvenile Justice System Request for Information (1) . 36Juvenile Justice System Request for Information (2) . 37Staff Notification of Violent Behavior by Students. 39Parent Request for Non Disclosure of Directory Information . 40Building Plan for Securing Student Records . 41Record of Inspection of Student Records . 42Costs for Student Record . 43Procedures and Costs of Obtaining Public Information from TechnologyOffice . . 44Public Notice . 45

Board Review:Revised:October 23, 2000January 24, 2005September 20, 2010February 22, 2016 [Routine Review]School Board Revised:Contact:September 25, 2017 [Review]August 26, 2019 [Regulation Appendices Parent/Guardian Letter]Assistant SuperintendentREGULATION 515PROTECTION AND PRIVACY OF STUDENT RECORDSI.DEFINITIONSA.Authorized Representative“Authorized representative” means any entity or individual designated by theschool district, state, or an agency headed by an official of the Comptroller of theUnited States, the Attorney General of the United States, the Secretary of the U.S.Department of Education, or state and local educational authorities to conduct,with respect to federal or state supported education programs, any audit orevaluation or any compliance or enforcement activity in connection with federallegal requirements that relate to these programs.B.Biometric Record“Biometric record” as referred to in “Personally Identifiable” means a record ofone or more measurable biological or behavioral characteristics that can be usedfor authorized recognition of an individual (e.g., fingerprints, retina and irispatterns, voice prints, DNA sequence, facial characteristics and handwriting).C.Dates of EnrollmentDate of enrollment, as referred to in Directory Information, means the period oftime during which a student attends or attended a school or schools in theDistrict. The term does not include specific daily records of a student’sattendance at a school or schools in the District, including attendance in personor by paper correspondence, satellite, internet or other electronic communicationtechnologies for students who are not in the classroom, and including the periodduring which a student is working under a work-study program. The term doesnot include specific daily records of a student’s attendance at a school or schoolsin the District.D.Dependent StudentA “dependent student” is an individual who during each of five (5) calendarmonths during the calendar year in which the taxable year of the parent begins isa full-time student at an educational institution. Evidence of dependent studentstatus may include being claimed as a dependent on the parent’s tax return.

Regulation 515E.Directory Information“Directory information” means information contained in an education record ofa student that would not generally be considered harmful or an invasion ofprivacy if disclosed. It includes, but is not limited to: the student’s name,photograph, electronic image, film or video; date and place of birth; major fieldof study; dates of enrollment; grade level; enrollment status (i.e. full-time or parttime); participation in officially recognized activities and sports; weight andheight of members of athletic teams; degrees, honors and awards received; andthe most recent educational agency or institution attended. Directory informationdoes not include personally identifiable data that references religion, race, color,social position or nationality.Directory information does not include a student’s social security number or astudents identification number (“ID”) if the ID may be used to access educationalrecords without use of one or more factors that authenticate the student’sidentity such as a personal identification number, password or other factorknown or possessed only by the authorized user. It also does not includepersonally identifiable data, which references religion, race, color, social positionor nationality. Data collected from nonpublic school students, other than thosewho receive shared time educational services, shall not be designated asdirectory information unless written consent is given by the student’s parent.F.Education Records1.What constitutes “education records”. Education records means thoserecords that: (1) are directly related to a student; and (2) are maintained bythe District or by a party acting for the District.2.What does not constitute an education record. The term “educationrecords” does not include:a.b.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 excepta substitute teacher; and(3)are destroyed at the end of the school year.Records of a law enforcement unit of the District, providededucational records maintained by the District are not disclosed tothe unit, and the law enforcement records are:(1)maintained separately from education records;(2)maintained solely for law enforcement purposes; and2

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 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; 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;