Hagerman Municipal Schools

As required by 20 USC Section 1232g and 1232h, Hagerman Municipal Schools must annually notify parents of their rights under No Child Left Behind.

STUDENT RECORDS

The collection, management, release, retention, inspection, transfer, and access of students' records maintained at Hagerman Municipal Schools are governed by New Mexico Inspection of Public Records Act (Section 14-2-1-3), the Family Educational and Privacy Act of 1974, Records and Disposition Schedule for New Mexico Public Schools (SRC Rule No. 86-13), 34 Code of Federal Regulations, Educational Standards for New Mexico Schools A.1.4., and Federal Educational Records Privacy Act Manual.

Policy and Procedures Regarding Student Records (2001)

Definitions:

For the purpose of this policy, Hagerman Schools uses the following definitions of terms:

a)    Student – Any person who is enrolled and attends or has attended a school in the District.

b)    Eligible Student – A student or a former student who has reached age 18 or is attending a postsecondary school.

c)     Parent – Either natural parent of a student, a guardian, or an individual authorized to act as a parent or guardian in the absence of the student’s parent or guardian.

d)    School Official – A person employed by the District as an administrator, supervisor, instructor, or support staff member, including health or medical staff, a person elected to the School Board, a person employed by or under contract to the District to perform a special task, such as an attorney, auditor, medical consultant, or therapist, a person who is employed by the District for law enforcement purposes.

e)    Legitimate Educational Interest – An interest is deemed legitimate if the School Official is performing a task that is specified in his or her position description or by contractual agreement in connection with the operation, maintenance, management, or programs and functions of the School District; performing a task related to the student’s education; performing a task related to the discipline of a student; providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid; maintaining the safety and security of the campus.

Education Records

Any record (in handwriting, print, tapes, film, or other medium) maintained by the District, or an agent of the District, which contains information directly related to a student except:

a)    A personal record kept by a staff member it is kept in the sole possession of the maker of the record and it is not accessible or revealed to any other person except a temporary substitute for the make of the record.

b)    Records created and maintained by the District Law Enforcement Unit for law enforcement purposes.

c)     An employment record, which relates exclusively to an individual in his or her capacity as an employee of the District and which is not available for other use.

d)    Alumni records, which contain information about a student after he or she is no longer in school.

Maintenance of Records

The District shall maintain a cumulative record folder for each student attending its schools.  The cumulative record folder shall contain all the education records identified in the definition above and not include any record that qualifies as an exception to the definition.

The following types of files shall be considered education records and shall be included in the cumulative file:

a)    Identification information, including name, sex, race, birthplace, and birth date;

b)    Family data;

c)     Medical health records and emergency medical information;

d)    Attendance records;

e)    Academic or scholastic records;

f)     Standardized test scores;

g)    Records of educational or vocational plans;

h)    Records of interests, activities and honors;

i)      Teacher evaluations, if shared with anyone else;

j)     Counselor evaluations, if shared with anyone else;

k)    Information pertaining to special services provided for students;

l)      Records of incidents of unsatisfactory behavior or impositions of discipline.

Records that may be purged shall be removed from the record and properly disposed of unless a request for a review by a parent or student is pending.  At a minimum, the student’s record shall be reviewed for records to be purged when the student has completed elementary school, junior high school, and high school.  Records, which may be purged, include those previously designated as such.

The following is a list of the types of records that the district maintains, their locations, and their custodians.

In compliance with 34 C.F.R. Section 99.7 of the regulations adopted pursuant to the Federal Educational Rights and Privacy Act, parents shall be notified of their rights under such statute by:

a)    Annual publication in student handbook or;

b)    Letter sent via U.S. Mail at the beginning of the academic year.

The notice shall be in a form substantial similar to that attached as Appendix A to this policy.

Procedures to Inspect Education Records

a)    Parents of students or eligible students may inspect and review the student’s education records upon request.

b)    Parents or eligible students should submit to the students’ school principal a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

c)     The principal (or appropriate school authority) will make needed arrangements for access as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected.  Access must be given in 45 days or less from the date of receipt of the request.

d)    Parents or eligible students who wish to inspect records, and who live within 50 miles of the place where the records are kept must do so at a place designated by the District.  After inspection, the parent or eligible student may request copies of the records inspected.  Parents or eligible 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 District’s designated place.  In such a case, the District will copy the records at the requestor’s expense and mail the records by registered mail, return receipt requested.

e)    A school official competent in interpreting student records shall be present to explain the implications of the records that are examined.

f)     When a record contains information about students other than a parent’s child or the eligible student, the parent or eligible student may not inspect and review that portion of the record, which pertains to other students.  At the discretion of School Officials, the name of the students may be excised or deleted from the record in order to permit inspection.

Refusal to Provide Copies

The District reserves the right to deny a parent or eligible student a copy of the student’s education records in the following circumstances, unless failure to provide a copy would effectively prevent the parent or eligible student the right to inspect and review education records:

a)    The parent or student has an unpaid financial obligation to the District.

b)    The education record requested is an exam or set of standardized test questions, covered by the publishers’ restriction or copyright.

Disclosure of Educational Records

The District will disclose information from a student’s education records only with the written consent of the parent or eligible student, except that the District may disclose or permit inspection or disclosure, without consent when disclosure is for the reasons enumerated below:

a)    To school officials who have a legitimate educational interest in the records, including for purposes of related to financial aid.

b)    To officials of another school, upon request, in which a student seeks or intends to enroll.  In such case, the parent or eligible student shall receive notice of the request.

c)     To certain officials of the U.S. Department of Education, the Comptroller General, the State and local educational authorities, in connection with an audit or evaluation of certain State or federally supported education programs.

d)    In connection with a student’s request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the conditions of the aid.

e)    To State and local officials or authorities if specifically required by State law adopted before November 19, 1974.

f)     To organizations conducting education-related studies for or on behalf of the District.

g)    To accrediting organizations to carry out their functions.

h)    To parents of an eligible student if the student is a dependent for tax purposes.

i)      To comply with a judicial order or a lawfully issued subpoena.  In such case, School Official shall make reasonable efforts to notify the parent or eligible student to permit them to   challenge disclosure if desired.

j)     To appropriate parties in a health or safety emergency, or in connection with any investigation of child abuse or neglect if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

k)    State and local authorities, within a juvenile justice system, pursuant to specific State Law.

l)      The disclosure is to an alleged victim of any crime of violence, as that term is defined in Section 16 title 18, United States Code, of the results of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of that crime with respect to that crime.

m)   To individuals requesting directory information as designated by the District.

Re-Disclosure

An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student.

Record of Request for Disclosure

The District will maintain a record of all requests for an/or disclosures of information from a student’s education records.  The record shall be kept in each student’s cumulative file and shall indicated the name of the party making the request, any additional information to whom the information may be re-disclosed, and the legitimate interest the party had in requesting or obtaining the information.  The parent or eligible student may review the record.

Directory Information

The District designates the following items as Directory Information:  student name, address, telephone number, electronic mail address, date and place of birth, major fields of study, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, most recent previous school attended and student’s photograph.  The district may disclose any of those items without prior written consent. Unless notified in writing to the contrary within 14 days from the first day of the academic year.

Dates of attendance shall be construed to mean periods of time such as certain academic year, semester, or quarter.  The term does not include specific daily records or attendance.

Correction of Education Records

Parents or eligible students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights.  The following procedures apply to request for corrections records:

a)    Parents or eligible student must ask the District to amend a record.  In so doing, they should identify the part of the record they want changed and specify whey they believe it is inaccurate, misleading or in violation of the student’s privacy rights.

b)    The District may comply with the request or it may decide not to comply.  If it decides not to comply, the District will notify the parents or eligible student of the decision and advise them of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.

c)     Upon request, the District will arrange for a hearing, and notify the parent’s or eligible student, reasonably in advance, of the date, place, and time of the hearing.

d)    A hearing officer who is a disinterested party will conduct the hearing; however, the hearing officer may be an official of the District.  The parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issue raised in the original request to amend the student’s education records.  One or more individuals, including an attorney, may assist the parents or student.

e)    The District decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the parents or eligible student, in writing, that the record has been amended.

f)     If the District decides that the challenged information is not accurate, misleading, or in violation of the student’s right of privacy, it will notify the parents or eligible student that they have right to place in the record a statement commenting on the challenged information and/or statement setting forth reasons for disagreeing with the decision.

g)    The statement will be maintained as part of the student’s education records as long as the contested portion is maintained.  If the District discloses the contested portion of the record, it must also disclose the statement.

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 parent or the student, and must specify those rights intended to be waived.  A waiver is effective until revoked in writing.  If a parent executes a waiver, the student may revoke it upon turning 18 years of age.

Complaints

A parent or eligible student may file a written complaint with the Family Policy Compliance Office regarding an alleged violation of the Federal Education Rights and Privacy Act.  The Office’s address is:  Family Policy and Compliance Office, U. S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.

PUPIL PRIVACY RIGHTS ACT (PPRA)

The schools shall make every effort to comply with the Protection of Pupil Rights Act (PPRA) and acknowledge that parents and their children have specific rights under the Act.

The District will provide notice to parents and students advising them of their respective rights under the Protection of Pupil Rights Act (PPRA).  Said notice shall be published annually, at the beginning of the school year, for returning students; and said notice shall be provided with registration materials for students enrolling in the District for the first time or re-enrolling in the District following a gap in attendance in the District.

The annual and/ or new student enrollment PPRA notice shall provide notice of the following rights:

a)    Parents’ right to inspect surveys created by third parties before such surveys are administered or distributed to students;

b)    Parents’ right to inspect, and students have the right to refuse to participate in, any surveys designed to collect private information about the students’ or their families;

                              i.        Political affiliations;

                             ii.        Mental and psychological problems potentially embarrassing to the student or his family;

                            iii.        Sexual behaviors and attitudes;

                            iv.        Illegal, anti-social, self-incriminating and demeaning behavior;

                             v.        Critical appraisals of other individuals with whom respondents have close family relationships;

                            vi.        Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers; or

                           vii.        Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.

c)     3.  Parents’ right to opt the student out of participation of any instructional material used as part of the educational curriculum;

d)    Parents’ right to inspect, upon request, any instructional material used in the education curriculum for the student;

e)    Parents’ right to inspect, upon request, any instrument used in the collection of personal student information to be used for marketing purpose;

f)     Nothing herein shall be construed to be contrary to the requirements of the Family Education Privacy Act.

Each school year a schedule of activities requiring parental notice and consent or opt-out for the upcoming school year will be distributed.

Waiver And Consent

To Disclose Student Information

The following activities are beneficial to the educational process of my child identified below, and having the legal authority to do so, I hereby grant permission to the Hagerman Schools to release information about my child in connection with the following education-related activities that I have marked.

_____Inclusion in the Honor Roll and publication of the student’s name as part of the Honor Roll in any print or broadcast medium for the purpose of recognizing the named student’s academic achievements. Such recognition may include publication of criteria for Honor Roll inclusion such as name and grade point average.

_____Inclusion in other honors publicly bestowed on the student by the District, School, or School-related organization including any honor related to academic achievement, community service, or extracurricular activity.  Public recognition of the student may include dissemination of the criteria for the student’s honor including name, grade point average and like information.

_____Public display of student artwork and other school-related material which may bear any award, grade earned and the student’s name.

_____At the elementary school level, group-grading exercise in which students may grade other students’ assignments:  at all levels, students may participate in cooperative or group projects and receive a group grade.  These activities promote peer learning and peer teaching.

_____Identification in written or oral recommendations of the student by an employee of the District.

I also understand that this grant of permission shall only be revoked by written instrument delivered to the principal of the school which the student attends.  This consent shall remain in effect, unless revoked for the 2001-2001 school year.

_______________________________                  ______________________________________

Name of Student                                    Name of Parent/Legal Guardian

_______________________________                  ______________________________________

Signature of Student if over 18                            Signature of Parent/Legal Guardian

_______________________________                  ______________________________________

Date                                                                 Date

PARENT CONSENT FORM

For

RELEASE OF STUDENT INFORMATION

TO

MILITARY RECRUITERS, PROSPECTIVE EMPLOYERS AND

POST-SECONDARY INSTITUTIONS

Student_____________________________ School_________________________

Military recruiters, prospective employers, colleges, and other post-secondary institutions may request that the school provide them with the names, addresses and telephone numbers of enrolled high school students.  Parents may choose to either participate or not participate in this program.  Students who are 18 years old or older have the right to decide whether or not to participate in this program.

Please complete this form and return to Hagerman High School administration office.  In the event this form is not completed and returned to the school, all requests for this information will be honored.

PARENTS:

Check to indicate whether to wish to have your child’s Name, Address, and Telephone Number disclosed to the groups that may request it.

__________       I AUTHORIZE Hagerman High School to disclose my child’s name, address and phone number as part of the school directory.

__________       DO NOT DISCLOSE my child’s name, address, and telephone number

__________       US Military Recruiters (Army, Navy, Air Force, Marines, etc.)

__________       Prospective employers.

______________________________                    ______________________________

NAME OF PARENT (print)                                    SIGNATURE OF PARENT

OR

STUDENTS WHO ARE 18 YEARS OLD OR OLDER:

Check to indicate whether you wish to have your Name, Address, and Telephone Number disclosed to the groups that may request it.

            My birth date is ____________________. I am least 18 years old.

__________       I AUTHORIZE Hagerman High School to disclose my child’s name, address and phone number as part of the school directory.

__________       DO NOT DISCLOSE my child’s name, address, and telephone number

__________       US Military Recruiters (Army, Navy, Air Force, Marines, etc.)

__________       Prospective employers.

______________________________                    ______________________________

NAME OF STUDENT (print)                                 SIGNATURE OF STUDENT