Code No.: 506.1
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EDUCATION RECORDS ACCESS
The board recognizes the importance of maintaining education records and preserving their
confidentiality, as provided by law. Education records are kept confidential at collection, storage,
disclosure and destruction stages. The board secretary is the custodian of education records. Education
records may be maintained in the central administration office or administrative office of the student’s
“Education Records” means those records that contain information directly related to a student and which
are maintained by an education agency or institution or by a party acting for the agency or institution.
Parent/Guardian and eligible students will have access to the student’s education records during the
regular business hours of the school district. An eligible student is a student who has reached eighteen
years of age or is attending an institution of postsecondary education at the post high school level.
Parent/Guardian of an eligible student are provided access to the education records only with the written
permission of the eligible student unless the eligible student is defined as a dependent by the Internal
Revenue Code. In that case, the Parent/Guardian may be provided access without the written permission
of the student.
An education record may contain information on more than one student. Parent/Guardian will have the
right to access the information relating to their student or to be informed of the information. Eligible
students will also have the right to access the information relating to themselves, or be informed of the
Parent/Guardian, eligible students, and other individuals authorized in accordance with law will have a
right to access the student’s education records during the regular business hours of the school district upon
request without unnecessary delay and in no instance more than forty-five calendar days after the request
is made. Parent/Guardian, other than parents of an eligible student, may be denied access to a student’s
education records if the school district has a court order stating such or when the district has been advised
under the appropriate laws that the parents may not access the education records. Parent/Guardian, an
eligible student or an authorized representative of the Parent/Guardian will have the right to access the
student’s records prior to an Individualized Education Program (IEP) meeting or hearing.
Copies of education records will be provided if failure to do so would effectively prevent the
Parent/Guardian or student from exercising the right to access the education records. Fees for copies of
the records are waived if it would prevent the Parent/Guardian or student from accessing the records. A
fee may not be charged to search or retrieve information from student records.
Upon the request of Parent/Guardian or an eligible student, the school district will provide an explanation
and interpretation of the education records and a list of the types and locations of education records
collected, maintained or used by the school district.
If the Parent/Guardian or an eligible student believes the information in the education records is
inaccurate, misleading or violates the privacy of the student, the Parent/Guardian or an eligible student
may request that the school district amend the education records.
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Education records may be disclosed in limited circumstances without Parent/Guardian or eligible
student’s written permission. This disclosure is made on the condition that the education record will not
be disclosed to a third party without the written permission of the Parent/Guardian or the eligible student.
This disclosure may be made:
to school officials within the school district and AEA personnel whom the superintendent has
determined to have a legitimate educational interest, including, but not limited to, board members,
employees, school attorney, auditor, health professionals, and individuals serving on official school
to officials of another school district in which the student wishes to enroll, provided the other school
district notifies the Parent/Guardian the education records are being sent and the Parent/Guardian
have an opportunity to receive a copy of the records and challenge the contents of the records unless
the annual notification includes a provision that records will automatically be transferred to new
to the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state
and local educational authorities;
in connection with a student’s application for, or receipt of, financial aid;
to organizations conducting studies for, or on behalf of, educational agencies or institutions for the
purpose of developing, validating, or administering predictive tests, administering student aid
programs and improving instruction, if such studies are conducted in such a manner as will not permit
the personal identification of students and their parents by persons other than representatives of such
organizations and such information will be destroyed when no longer needed for the purpose for
which it was conducted;
to accrediting organizations;
to Parent/Guardian of a dependent student as defined in the Internal Revenue Code;
to comply with a court order or judicially issued subpoena;
in connection with a health or safety emergency;
as directory information
The superintendent will keep a list of the individuals and their positions who are authorized to view a
special education student’s education records without the permission of the Parent/Guardian or the eligible
student. Individuals not listed are not allowed access without Parent/Guardian or an eligible student’s
written permission. This list must be current and available for public inspection and updated as changes
The superintendent will also keep a list of individuals, agencies and organizations which have requested
or obtained access to a student’s education records, the date access was given and their legitimate
educational interest or purpose for which they were authorized to view the records. The superintendent,
however, does not need to keep a list of the Parent/Guardian, authorized educational employees, officers
and agencies of the school district who have accessed the student’s education records. This list for an
education record may be accessed by the Parent/Guardian, the eligible student and the custodian of
Permanent education records, including a student’s name, address, phone number, grades, attendance
record, classes attended, grade level completed and year completed may be maintained without time
limitation. Permanent education records will be kept in a fire-safe vault or they may be maintained
electronically with a secure backup file.
When personally identifiable information, other than permanent education records, is no longer needed to
provide educational services to a special education student, the Parent/Guardian or eligible student are
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notified. This notice is normally given after a student graduates or otherwise leaves the school district. If
the Parent/Guardian or eligible student request that the personally identifiable information be destroyed,
the school district will destroy the records, except for permanent records. Prior to the destruction of the
records, the school district must inform the Parent/Guardian or eligible student the records may be needed
by the Parent/Guardian or eligible student for social security benefits or other purposes. For purposes of
policy, “no longer needed to provide educational services” means that a record is no longer relevant to the
provision of instruction, support, or related services and it is no longer needed for accountability and audit
purposes. At a minimum, a record needed for accountability and audit purposes must be retained for five
years after completion of the activity for which funds were used.
The school district will provide training or instruction to employees about Parent/Guardian and eligible
students’ rights under this policy. Employees will also be informed about the procedures for carrying out
It is the responsibility of the superintendent to annually notify Parent/Guardian and eligible students of
their right to:
inspect and review the student’s education records;
See amendment of the student’s education records that the parent or eligible student believes to
be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
Consent to disclosures of personally identifiable information contained in the student’s education
records, except to the extent that the law authorizes disclosure without consent; and
File a complaint with the U.S. Department of Education concerning alleged failures by the
district to comply with the law.
The notice is given in a Parent/Guardian or eligible student’s native language. Should the school
district collect personal information from students for the purposes of marketing or selling that
information, the school district will annually notify Parent/Guardian of such activity.
The notice will include a statement that the Parent/Guardian have a right to file a complaint alleging the
school district failed to comply with this policy. Complaints are forwarded to Family Policy Compliance
Office, U.S. Department of Education, 400 Maryland Avenue, Washington, DC. 20202-8520.
Legal Reference: 20 U.S.C. § 1232g, 1415 (2012).
34 C.F.R. Pt. 99, 300, .610 et seq. (2012).
Iowa Code §§ 22; 279.9B, 280.24, .25, 622.10 (2013).
281 I.A.C. 12.3(4); 41; .610 et seq.
1980 Op. Att’y Gen. 720, 825.
Student Record Access
Code No.: 506.1