Student Records
Understanding Records
Education records are maintained by public and private schools and pertain to both current and former students. These records may include a student's name, address, contact information, courses, grades, transcripts, test scores, health information, disciplinary records, attendance, special education information, and awards.
Personally Identifiable Information (PII)
A student’s educational record contains a significant amount of personally identifiable information (PII). PII includes details that can be used to directly or indirectly identify an individual through connections with other information.
When reviewing a student’s record, PII includes items such as the student’s date of birth, their name, their parent's name, and their home address. Additionally, other types of information that can easily be traced back to a student include their social security number, local student ID number, Statewide Student Identifier (SSID), and biometric records.
Criteria for School Records
Per Ed. Code 49070 Links to an external site., the criteria for student records require that they are:
- Accurate
- Substantiated
- Within the observer's area of competence
- Based on personal observations
- Not misleading
- Not in violation of another's privacy
Forms of School Records
- Computer media
- Handwritten
- Film
- Other means (e.g. emails)
- Microfilm or microfiche
- Video or audiotape
- Zoom Recording
Rights & Access
Understanding the rights and access related to pupil records is essential for parents and guardians. Below are the key aspects regarding these rights, how to access records, and the procedures involved:
Rights:
- Challenge the content of the record
- Offer a response to the record
- Consent to the release of records to others
Access:
- Personal inspection of the record
- Receipt of a copy of the record
- Oral description or communication of the record
Written Consent for Access:
A parent shall provide a signed and dated written consent before a school may disclose education records. The consent must:
- Specify records that may be disclosed
- State purpose of disclosure
- Identify party or class of parties to whom disclosure may be made
Persons with Access:
- Parents and students 18 years or older have an absolute right of access
- An individual acting as a parent in the absence of a parent or a guardian (i.e., caregiver, foster parent, CASA)
- A non-custodial parent unless right of access is limited or removed through a court order
- Persons with a lawfully issued court order or subpoena
- A student 16 years of age or older or having completed the 10th grade
- An unaccompanied homeless student 14 years of age or older
- A person who has legitimate educational interest
**This list is not exhaustive, please refer to EC 49069, 49069.3, 49075-49077, 49079 for more information or order our Student Record Publication
Procedures for Access:
All school districts must adopt a board policy that outlines the process and procedures for parents to request to inspect or obtain copies of their child's pupil records. Upon receiving a request from a parent or legal guardian, the district has 5 business days to respond and fulfill the request.
Transfers of Records
Timely transfer of student records is essential to ensure that students experience minimal disruption when transitioning between schools or districts. The table below highlights the required timelines for transferring student records, ensuring that the process is efficient and compliant with legal requirements.
Withholding of Student Records & Fees
Withholding
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A public or private school may withhold a student's grades, diploma, and transcripts if the student is responsible for the following actions until payment for damages is received:
- Willfully cutting, defacing, or otherwise injuring property
- Willfully not returning loaned property upon demand
-
The school must notify the parent in writing of their student’s alleged misconduct before withholding records.
-
This policy does not apply to students placed in foster care or students experiencing homelessness.
Fees
- When a parent or student is unable to pay or return the property, the school must provide a program of voluntary work for the student in lieu of payment.
- Student records shall not be withheld from the requesting district due to any charges or fees owed by the student or their parent. This applies to students in grades K-12 in both public and private schools.
- Fees shall not apply if the student is a current or former homeless child or youth, or a current or former foster youth.
Challenge to Records
Notifications
- Parents must be notified annually and upon transfer of their right to challenge the content of student records.
- Parents must be informed of the procedures for challenging the content of student records.
- When a school district requests the transfer of records, they must notify parents of their right to a hearing to challenge the content of the record.
Grades
- A student’s grade is determined by the teacher and is final unless there is evidence of clerical or mechanical mistake, fraud, bad faith, or incompetence.
- The governing board or superintendent cannot order a grade change unless the teacher, to the extent practicable, is given the opportunity to explain the reasons for the grade given.
- Parents may challenge the content of a student’s record according to established procedures.
Discipline Records
- Parents have the right to include a written statement or response concerning any disciplinary action taken against their child in the student’s record.
Challenge to Content
After inspecting and reviewing a student's record, a parent or guardian may challenge the content by filing a written request with the superintendent to correct or remove information that is alleged to be:
- Inaccurate
- An unsubstantiated personal conclusion or inference
- A conclusion or inference outside of the observer's area of competence
- Not based on the personal observation of a named person with the time and place of the observation noted
- Misleading
- In violation of the privacy rights of the pupil
For questions or assistance, please contact our Child Welfare & Attendance Unit at (526) 922-6233 or cwa@lacoe.edu.