Access by Parents and Student
A student’s school records are confidential and are protected from unauthorized inspection or use pursuant to the Family Educational Rights and Privacy Act (FERPA). The District maintains two sets of records: a permanent record and a cumulative record.
By law, both parents, whether married, separated, or divorced, have access to the records of a student who is under 18. A parent whose rights have been legally terminated will be denied access to the records, if the school is given a copy of the court order terminating these rights.
The building principal will be responsible for maintenance, retention, or destruction of a student’s permanent or cumulative records, in accordance with District procedure established by the Superintendent. The principal will respond to reasonable requests for explanation and interpretation of the records. Access to records will be granted within 45 days of receipt of a written request. If circumstances prevent a parent or eligible student from inspecting the records, the District will either provide a copy of the requested records or make other arrangements for the parent or student to review the requested records.
Parents of a minor, the student (if 18 or older), and school officials with legitimate educational interests are persons who may regularly access a student’s records. “School officials with legitimate educational interests” include any employees, agents, or Trustees of the District; cooperatives of which the District is a member; or facilities with which the District contracts for the placement of students with disabilities, as well as their attorneys and consultants, who are working with a student or otherwise performing functions the school would perform in accordance with Family Educational Rights and Privacy Act.
The parent’s or student’s right of access to, and copies of, student records does not extend to all records. Materials that are not considered educational records, such as teachers’ personal notes on a student that are shared only with a substitute teacher, records pertaining to former students of the District, and records maintained by school law enforcement officials for purposes other than school discipline do not have to be made available to the parents or student. Access will also not be granted to the parent or the student to confidential letters and recommendations concerning admission to a post-secondary educational institution, applications for employment, or receipt of an honor or award, if the student has waived his or her right of access after being advised of his or her right to obtain the names of all persons making such confidential letters or statements.
See Policy 3600 for more information.
Access by Other Individuals and Entities
Certain officials from various governmental agencies may have limited access to the records without prior consent by the parents or student (over 18 years of age). Disclosure to these governmental agencies may be done under some of the following circumstances:
- The District may grant access to or release information from student records to employees or officials of the District or the Montana State Board of Education, provided a current, legitimate educational interest is shown.
- The District may grant access to or release information from student records without parental consent or notification to any person, for the purpose of research, statistical reporting, or planning, provided that no student or parent can be identified from the information released, and the person to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to school student records.
- The District will grant access to or release information from any student record as specifically required by federal or state statute.
- The District may release student records or information in connection with an emergency, without parental consent, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. The Superintendent or Principal will make this decision, taking into consideration the nature of the emergency, the seriousness of the threat to the health and safety of the student or other persons, the need for such records to meet the emergency, and whether the persons to whom such records are released are in a position to deal with the emergency.
- The District may disclose student records or information to the youth court and law enforcement authorities, pertaining to violations of the Montana Youth Court Act or criminal laws by the student.
- The District will comply with an ex parte order requiring it to permit the U.S. Attorney General or designee to have access to a student’s school records without notice to or consent of the student’s parent.
- The District may disclose student records in a court proceeding where the parent is a party to an action involving child abuse or neglect or dependency matters without parental consent or notification if ordered to make this disclosure.
- The District may disclose student records to caseworkers or other Child Protective Services representatives when DPHHS/CPS is legally responsible for the care and protection of the student without notification or consent of the parent.
The District forwards a student’s records on request and without prior parental consent to a school in which a student seeks or intends to enroll. Records are also released in accordance with court order or lawfully issued subpoena. Unless the subpoena is issued for law enforcement purposes and the subpoena orders that its contents, existence, or the information sought not be disclosed, the District will make a reasonable effort to notify the parent or eligible student in advance of compliance.
Parental consent is required to release the records in most circumstances. When the student reaches 18 years of age, only the student has the right to consent to release of records.
The District charges a nominal fee for copying records; however, no parent or student will be precluded from copying information because of financial hardship. An access log will also be maintained for each record which details those individuals accessing the records and their legitimate interest in the records.
Challenging Content of Records
Students over 18, and parents of minor students may inspect the student’s records and request a correction if the records are inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights. If the District refuses the request to amend the records, the requestor has the right to ask for a hearing. If the records are not amended as a result of the hearing, the requestor has 30 school days to exercise the right to place a statement commenting on the information in the student’s record. Although improperly recorded grades may be challenged, parents and the student are not allowed to contest a student’s grade in a course or references to expulsion and out-of-school suspensions through this process.
Directory Information
Certain information about district students is considered directory information and will be released to anyone, including military recruiters and/or post-secondary institutions, who follows procedures for requesting it, unless the parent objects to the release of any or all directory information about the child. The opportunity to exercise such an objection was provided on the form signed by the parent to acknowledge receipt of this handbook. Directory information includes: a student’s name, address, telephone number, electronic mail address, date of birth, participation in officially recognized activities and sports, weight and height of members of athletic teams, photographs, dates of attendance, grade level, and honors and awards received in school.
Maintenance of Records
Permanent records are maintained in perpetuity for every student who has enrolled in the District. Cumulative records will be maintained for eight (8) years after the student graduates or permanently leaves the District. Cumulative records which may be of continued assistance to a student with disabilities, who graduates or permanently withdraws from the District, may, after five (5) years, be transferred to the parents or to the student if the student has succeeded to the rights of the parents.
Rights Under FERPA
Specific parental and eligible student rights are Appendix D in this Handbook.
Privacy Matters – Photographs and Social Media
Because of the advent of cell phones and social media, it has become almost impossible to fully protect the privacy rights of any individual from having his or her picture taken and shared with others. Parents have the right to annually opt out of the District sharing their child’s photograph in publications or through District media events. The District will honor any parent opt-outs and not share this information. However, the District cannot prevent others who are present from sharing photos and videos from school events open to parents and/or the public, including music performances, sporting events, open assemblies, or field trips.