8 Va. Admin. Code § 20-671-760 - Maintenance of student records
A.
The school shall have written policy and procedures for the management of all
records, print and nonprint, regarding confidentiality, accessibility,
security, retention , and disposition .
B. Student education records shall be
maintained in fire resistant cabinets .
C. Each student's education record shall
contain information pertinent to the educational growth and development to
include a completed enrollment sheet; a current IEP, 504 Plan, or IIP; student
transcript; course of studies; and progress reports. Other information should
include disciplinary records, health records, and achievement and test
data.
D. Written consent from the
child's parent shall be obtained before disclosure of information from a
student's education record to unauthorized parties. Authorized parties shall be
limited to school employees, including contracted employees, and
representatives of placing school divisions, accrediting agencies, and state
licensing agencies who need access to the student's records to carry out their
work responsibilities.
E.
Information may be disclosed in an emergency to any person who needs that
particular information for the purpose of preventing injury to a student or
staff. The school shall not disclose any information that is not needed for
this specific purpose.
F. The
school shall permit a parent to inspect and review any education records
relating to the child that are collected, maintained, or used by the school.
The school shall comply with a request without unnecessary delay and before any
meeting regarding an IEP or 504 Plan . The right to inspect and review
education records under this section includes:
1. The right to a response from the school to
reasonable requests for explanations and interpretations of the
records;
2. The right to request
that the school provide copies of the records containing the information if
failure to provide those copies would effectively prevent the parent from
exercising the right to inspect and review the records;
3. The right to have a representative of the
parent inspect and review the records; and
4. A school may presume that a parent has
authority to inspect and review records relating to his child unless the school
has been advised that the parent does not have the authority under applicable
Virginia law governing such matters as guardianship, separation, and
divorce.
G. Each school
shall keep a record of parties, except parents and authorized employees of the
school, obtaining access to education records collected or maintained,
including the name of the party, the date of access, and the purpose of the
access.
H. If any education record
includes information on more than one child, the parent has the right to
inspect and review only the information relating to his child or to be informed
of the specific information requested.
I. Schools may charge a fee for copies of
records that are made for a parent under this chapter if the fee does not
effectively prevent the parent from exercising his right to inspect and review
those records. A school may not charge a fee to search for or to retrieve
information under this section.
J.
A parent who believes that information in the education records collected,
maintained, or used under this chapter is inaccurate or misleading or violates
the privacy or other rights of the child may request the school that maintains
the information to amend the information.
1.
The school shall decide whether to amend the information in accordance with the
request within a reasonable period of time .
2. If the school decides to refuse to amend
the information in accordance with the request, it shall inform the parent of
the refusal and inform the parent of the right to place in the child's
education records a statement commenting on the information or setting forth
any reasons for disagreeing with the decision of the school.
3. Any explanation placed in the records of
the child under this section must:
a. Be
maintained by the school as part of the records of the child as long as the
record or contested portion is maintained by the school; and
b. If the records of the child or the
contested portion is disclosed by the school to any party, the explanation must
also be disclosed to the party.
K. When a privately placed student graduates
or leaves school, the student's education record shall be offered to the
eligible student or parent. The records of a publically placed student who
graduates or leaves school shall be transferred to the child's home
school.
L. Each school shall
maintain a permanent record of attendance to include the following:
1. Name and address of school;
2. Name, address, and birth date of
student;
3. Name and address of the
home school division for publically placed students;
4. Name and address of the parent ;
5. Student ID number ;
6. Dates of attendance; and
7. Academic transcript .
Notes
Statutory Authority: §§ 22.1-16 and 22.1-321 of the Code of Virginia.
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