The schools shall make every effort to comply with the Family Educational Rights and Privacy Act (FERPA) and to keep student records confidential as required by law.

Classification and Maintenance of Records

A. The schools shall maintain a cumulative folder for each student. The cumulative record folder shall contain all the written records directly related to a student that are kept by the school unit except:

1. records kept by teachers, counselors, or supervisory or administrative personnel that are in the sole possession of the maker and are not revealed to any other person except a substitute;
2. employment records of student employees, if those records relate exclusively to the student in the capacity as an employee and are not made available for any other use and;
3. records kept by a law enforcement unit of the school if they are maintained solely for law enforcement purposes, and are not disclosed to anyone other than law enforcement officials of the same jurisdiction, and if the law enforcement officers do not have access to the student's cumulative folder.

B. The following types of records are kept in cumulative record folders:

1. Identification information, including name, sex, race, birthplace, and birth date
2. Family data
3. Medical health records and emergency medical information
4. Attendance records
5. Scholastic records
6. Standardized test scores
7. Records of interest, activities, and honors
8. Records of educational or vocational plans
9. Teacher evaluations if shared with anyone else
10. Counselor evaluations if shared with anyone else
11. Information pertaining to special services provided for students
12. Records of incidents of unsatisfactory behavior
13. Other education records kept by individual school units

C. Cumulative record folders shall be kept in the administrative office of the school that the student attends. If the student no longer attends a school within the district, the cumulative record folder shall be stored in a central location or at each school.

D. The principal of each school is responsible for maintaining the cumulative record folders of students attending that school.

E. Unnecessary and outdated material may be deleted from the student's record at any time except when a request for a review by a parent or student is pending. At a minimum, the student's records shall be reviewed for unnecessary and outdated information when the student completes elementary school, middle school, mid-high school, and high school.

Rights of Parents to Review and Inspect Records

A. Those who have the right to inspect and review the cumulative record folder kept about the student include

(1) parents of students who are under 18 years of age,
(2) parents who claim students who are at least 18 years of age as dependents under the Internal Revenue Code, and
(3) students who are at least 18 years of age.

B. It is presumed that parents of students who have not yet reached the age of 21 who are currently attending school claim the student as a dependent for tax purposes. Any student (at least 18 years of age) attending a school within the district who does not want parents to have access to the cumulative folder must so inform the principal of the school where the records are kept and prove that the student is not a tax dependent of the parents. If a parent of a student, who is at least 18 years of age and no longer attending a school within the district wishes to inspect and review the child's cumulative record file, the parent must prove to the principal that the student is claimed as a dependent for federal income tax purposes.

C. Parents or eligible students who wish to inspect and review the cumulative record folder shall submit a request in writing to the principal of the student's school. When the principal receives a written request for review of the records from a parent or student who has a right to inspect the records, the principal shall schedule the review. The appointment date should be as early as possible but never later than fifteen days after the request was made. The inspection and review shall be made in the office of the principal or at another designated place. A school official competent in interpreting student records shall be present to explain the implications of the records that are examined.

D. Parents or eligible students who wish to inspect records and live within fifty miles of the place where the records are kept must do so at the place designated by the school unit. After the inspection, they may request copies of the records they inspected, and will be charged for copies at the district’s prevailing per-page rate. Parents or students who live farther than 50 miles from the place where the records are kept may request copies of the records without first inspecting them at the school or central office. The copies shall be sent by registered mail, return receipt requested.

E. The board additionally grants to all students of any age the right to inspect the contents of the student's cumulative record folder, but only in the presence of a building administrator or counselor.

Hearing to Correct Inaccuracies

A. Parents of a student who has not yet reached the age of 18 and an eligible student have the right to challenge the content of records in the student's cumulative record folder. A parent or student who believes that information contained in the student's cumulative record folder is inaccurate or misleading or otherwise violates the student's rights may request, in writing, that the records be amended by the principal of the school where the records are kept. Not later than five (5) school days after receipt of a request to amend, the principal shall decide whether to amend the records in accordance with the request. If the principal finds that the challenge is not justified, the principal shall inform the person who made the request of the finding and shall also inform that person of the right to request, in writing, a hearing before the superintendent of schools or a designee. If a parent or eligible student requests a hearing, the hearing officer shall set a date for the hearing as soon as possible but not more than ten (10) school days after the request for the hearing was made and shall give the parent or the student at least two school days advance written notice of where and when the hearing will be held. At the expense of the parent or student an attorney or anyone else of their choice may assist at the hearing.

B. The hearing officer shall render a written decision as soon as possible and must make it within five (5) school days after the hearing. The decision shall be based only on evidence presented at the hearing and shall include a summary of this evidence and the reasons for the decisions.

C. If the hearing officer decides that the information is not inaccurate or misleading or does not otherwise violate the student's rights, the parent or student shall be notified of that decision. At the same time, the parent or student shall be informed of the right to submit to the principal of the school where the records are kept a statement of objection of reasonable length to the information contained in the records. Any explanation submitted by the parent or student shall be placed in the student's cumulative record folder, shall be disclosed by the school whenever the contested portion of the cumulative record is disclosed, and shall not be destroyed unless the contested portion of the cumulative record is destroyed.

D. A parent or student who is dissatisfied with the decision of the hearing officer may appeal to the board of education within fifteen days. The review shall be on the record and not a de novo hearing.

Disclosure to Person(s) Other Than Parents or Students

A. Persons Authorized to Have Access. Schools within the system may, without the consent of either the student or the parent, disclose information kept in the student's cumulative record folder to the following persons:

1. School officials who have a legitimate educational interest in examining the information. The term school official includes any teacher, administrator, assigned student teacher, intern, teacher aide, or other professional employee of the district and members of the school board. The principal of the school where the records are kept determines whether a school official is seeking the information to carry out official duty and whether the specific information sought will help in carrying out that duty.
2. Authorized representatives of the Comptroller General of the United States; the Secretary of the U.S. Department of Health, Education, and Welfare; the NM Secretary of Education; or officials of the New Mexico Public Education Department if they seek the information in connection with either the audit and evaluation of state or federally funded programs or the enforcement of state or federal legal requirements that relate to these programs.
3. Accrediting organizations that seek the information to carry out their accrediting functions.
4. Persons or organizations conducting studies for or on behalf of the school administrative unit or another educational agency to develop or validate predictive tests, administer student aid programs, or improve instruction. Any report released on the basis of data collected under this paragraph may not include information that personally identifies students or their parents.
5. Persons who seek the information in connection with a student's application for, or receipt of, financial aid.
6. Officials of another school in which the student seeks or intends to enroll. After the principal receives a request from another school in which the student seeks or intends to enroll, the principal of the school where the records are kept shall forward the cumulative record folder without notifying the parents or student of the transfer or seeking their consent. If the parents or the eligible student so request, the principal shall furnish them an unofficial copy of the records to be transferred and give them an opportunity to correct any inaccuracies in accordance with the procedure set out in Rights of Parents to Inspect Records.
7. Persons who seek information in connection with a health or safety emergency that threaten the health or safety of the student or other persons.

ALL EMPLOYEES WHO HAVE ACCESS TO STUDENT RECORDS ARE DIRECTED BY THE BOARD TO MAINTAIN THE MOST SCRUPULOUS PROTECTION OF INFORMATION IN THOSE RECORDS WHICH IS OF A SENSITIVE AND PRIVATE NATURE.

B. Directory Information. The schools may disclose directory information about a student without the consent of either the student (age 18 or above) or the parent, unless the parent or student has objected to the release by delivering a written objection to the principal of the student’s school site which states which disclosures are objectionable. Directory information includes the:

1. Student's name
2. Grade in school
3. Name of student's school
4. Eligibility and participation in officially recognized activities, including but not limited to fine arts exhibits, performing arts programs, other performances, graduation programs, and sports events
5. Weight and height of members of athletic teams
6. Honors and awards received
7. Yearbooks
8. Identification in visual media, including photographs, videotapes, and digital images, depicting school programs or activities

C. Parental or Student Consent. No one else may have access to personally identifiable information from the cumulative record folder, other than directory information, except under one of the following circumstances:

1. When proper written consent to the release of such records has been obtained. If the student is not yet 18, one of his parents must consent to the release. If the student is 18 or older, the student must consent to the release. The consent must be signed and dated and must specify the records to be disclosed, the purpose for disclosure, and the persons or class of persons to whom the disclosure may be made. Upon request, the school shall supply a copy of records released to the parent or the student who gave the consent. If the parent gives consent for a student, the parent may request that a copy of the records released be given to the student even though the student is not yet 18.
2. To comply with a court order or lawfully issued subpoena. Upon receipt of a court order or subpoena, the principal of the school where the records are kept shall immediately send written notice to the student's parents or to the eligible student at their last known address that a court order or subpoena has been received.

When a school official discloses information from the student's cumulative record folder, other than directory information, to anyone other than the parents of the student, the student himself, or other school officials, the office shall inform the person who receives the information that it may not be transferred to any other party without the consent of the parents or the eligible student.

D. Inspection Log. The principal shall maintain in each cumulative record folder for which the principal is responsible a cumulative record inspection log. The inspection log shall include the name and reason for inspection of each person who requests access to the cumulative record folder, but shall not include disclosures to the parents, the student, school officials, or persons who have student or parent consent or disclosures of directory information. The inspection log may be inspected by the student's parents or the eligible student.

Waiver of Rights

Parents of a student or an eligible student may waive any of their rights under this policy. A waiver of rights must be in writing, must be by the parents or the student, and must specify the rights to be waived. A waiver is effective until revoked in writing. If a parent executes a waiver, the student may revoke it when reaching the age of eighteen years.

Notice to Parents or Students

Annual notice of this declaration of compliance with the Family Educational Rights and Privacy Act (FERPA) shall be made by the board of education and said declaration, in substantially the following form, shall be published in a newspaper of general circulation or shall be mailed to each parent of a student currently enrolled or attending Rio Rancho Public Schools and shall be printed on the district’s website. The following information shall also be provided by an effective means of communication annually to parents who have a primary or home language other than English.

TO ALL PARENTS OF STUDENTS CURRENTLY ATTENDING THE RIO RANCHO SCHOOLS AND ALL STUDENTS CURRENTLY ATTENDING THE SCHOOLS WHO HAVE REACHED THE AGE OF 18.

The Family Educational Rights and Privacy Act (FERPA) is a Federal law that governs the maintenance of student records. Under that law, parents of students or students if they are least 18 have both the right to inspect records kept by the school about the student and the right to correct inaccuracies in the record. Access to the records by other than the parents or the student is limited and generally requires prior consent by the parent or the student. The district has adopted a written policy governing all the rights of parents and students under FERPA. Copies of this policy may be found in the superintendent's office and in the principal's office of each school within the system.

As defined by Rio Rancho Public Schools policy, the district classifies the following as directory information:

- the student's name
- grade in school
- name of school
- eligibility and participation in officially recognized activities, including but not limited to fine arts exhibits, performing arts programs, other performances, graduation programs and sports events
- weight and height of members of athletic teams honors and awards received
- yearbooks
- identification in visual media, including photographs, videotapes and video images, depicting school programs or activities

School officials may release this information to any person without the consent of the parents or the student. Any parent or eligible student who objects to the release of any or all of this information without consent must notify, in writing, the principal of the school where the records are kept within fifteen days following the date of the publication of this notice. The objection must state what information the parent or student does not want to be classified as directory information. If no objection is received by two weeks after the publication of this notice., the information will be classified as directory information until the beginning of the next school year. Complaints about failure of the Rio Rancho Schools to comply with the Family Educational Rights and Privacy Act may be made, in writing, to FERPA Office, Department of Health and Human Services, 330 Independence Avenue, S.W., Washington, D.C. 20201.

Information Supplied to Military Recruiters

In addition, under the provisions of the federal “No Child Left Behind Act” school districts are required to provide student names, addresses, and telephone numbers to military recruiters unless the parent or student (if over 18) specifically requests that the information not be released. Parents and students in grades 9-12 are asked to complete a form consenting to or denying the release of this information. If the form is not completed and returned to the school, the requests will be honored.

Forms are available at all schools serving students in grades 9-12.

See policies 325, 327

Rio Rancho Public Schools
Adopted: June 27, 1994
Revised: September 9, 1996
Revised: August 9, 1999
Revised: January 26, 2004
Revised: July 26, 2004