NEW Regulation #5125
 
NORWICH FREE ACADEMY
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS
 
 
NFA will appoint a Custodian of Records who will ensure that student education records are kept as follows:
 
A.   CATEGORY “A” RECORDS:
 
1.    Category A includes official administrative records that constitute the minimum personal data necessary for the operation of the educational system.
 
2.    Category A records shall be maintained for at least fifty (50) years after the student leaves the school district or graduates.
 
3.    Notice of a student’s suspension or expulsion shall be expunged from the student’s cumulative education record if the student graduates from high school, except for notice of an expulsion based upon possession of a firearm or deadly weapon.
 
4.    *In cases where a student is suspended or expelled for the first time, and the Administration or the Board, respectively, has shortened or waived the period of suspension or expulsion in accordance with the Board’s disciplinary policy relating to first time offenses, the Administration or the Board, respectively, may choose to expunge such notice of suspension or expulsion from the student’s cumulative record at the time the student completes the specified program and any other conditions imposed by the Administration/Board, rather than upon graduation. Should the notice be expunged in accordance with this provision, a record of the fact that the student had been suspended or expelled shall be maintained apart from the student’s cumulative record, for the limited purpose of determining whether any subsequent offenses by the student would constitute the student’s first suspension or expulsion.
 
5.     Category A records shall include, at a minimum, the following:
 
RECORD
LOCATION
a.   Basic biographical information
Cumulative/Health File
b.         Academic achievement (grades/transcripts)
Cumulative File
c.         Date of high school graduation or equivalent Cumulative File
d.         Records of immunizations Cumulative/Health/Pupil Personnel File
e. Attendance records (days absent/present/tardy) Cumulative File
f. *Notice of Expulsion for Firearm or Deadly Weapon (C.G.S. 10-233c(e) , 10-233d(f) ) Cumulative File
 

B.      CATEGORY “B” RECORDS
 
1.      This includes verified information for the formulation of education programs for all students, but not absolutely necessary over an indefinite period of time.
 
2.      Data in Category B must be accurate, clearly understood, and verified before becoming part of any continuing record. There should be no anonymous entries in a student's education record.
 
3.     Category B records must be maintained for at least six (6) years after the student leaves the school district or graduates from high school.
 
4.     Notice of a student’s suspension or expulsion shall be expunged from the student’s cumulative education record if the student graduates from high school, except for notice of an expulsion based upon possession of a firearm or deadly weapon.
 
5.     *In cases where a student is suspended or expelled for the first time, and the Administration or the Board, respectively, has shortened or waived the period of suspension or expulsion in accordance with the Board’s disciplinary policy relating to first time offenses, the Administration or the Board, respectively, may choose to expunge such notice of suspension or expulsion from the student’s cumulative record at the time the student completes the specified program and any other conditions imposed by the Administration/Board, rather than upon graduation. Should the notice be expunged in accordance with this provision, a record of the fact that the student had been suspended or expelled shall be maintained apart from the student’s cumulative record, for the limited purpose of determining whether any subsequent offenses by the student would constitute the student’s first suspension or expulsion.
 
6.     Records containing information pertaining to child abuse/neglect referrals or reports; or containing confidential HIV-related information should be kept separate from the student’s cumulative folder, in confidential files.
 
7.     Confidential HIV-related information contained in the confidential file should only be disclosed pursuant to district policy.
 
8.     Information contained in documents related to any Department of Children and Families (“DCF”) child abuse and/or neglect investigation, or any such investigation conducted by local law enforcement officials, shall be kept confidential. Such records shall only be disclosed in accordance with the Board’s policy regarding Confidentiality and Access to Education Records.
 
9.     Category B records shall include the following (if applicable):
 
 
RECORD
LOCATION
a.         Child-Study Team Records / Student Assistance Team Records
Cumulative/Pupil Personnel File
b. Standardized group test scores (CAPT, CMT etc.)
Cumulative/Pupil Personnel File
c.         Diagnostic reading/math test results (not special education)
Cumulative File
d.         Educational and/or vocational interest
Cumulative File
e.         Speech/language and hearing evaluations (not special education)
Cumulative/Health File
f.          Comprehensive health records
Cumulative/Health/Pupil Personnel File
g.                           Correspondence relating to the student
Cumulative/Health/Pupil Personnel File
h.                           Suspensions/expulsions
Cumulative File*
i.                            Parent/eligible student’s signed release forms
Cumulative/Health/Pupil Personnel File
j.                            Truancy Records (including record of parent conferences and referrals )
Cumulative File
k.                           Child Abuse/Neglect Forms
CONFIDENTIAL FILE
l.                            Reports Containing Confidential HIV-Related Information
CONFIDENTIAL FILE
m. Awards
Cumulative File
 
n. Diagnostic test results (non special education)
Cumulative File/Pupil Personnel
o. Extracurricular Activities
Cumulative File
p. Letters of Recommendation
Cumulative File
q. Parent’s/Eligible Student’s signed release forms (permitting disclosure of records)
Cumulative File/Health/Pupil Personnel File
r. Diploma (if not picked up by student)
Cumulative File
s. Accident Reports
Cumulative File
t. Basic school entrance health histories
Cumulative/Health File
u. Cumulative Health Record (CHR-1, original or copy)
Health File (*copy remains with district/original follows student)
v. Individualized Health Care Plans / Emergency Care Plans
Cumulative/Health/Pupil Personnel File
w. Health Assessment Records (HAR-3)
Health File
x. Incident Reports
Cumulative File
y. Medication administration records(*6 yrs OR until superseded by yearly summary on CHR-1)
Health File
z. Parent authorization for medications/treatments
Health File
aa. Physician’s orders for medications treatments
Health File
bb. Referral forms for services based on results of mandated screenings
Health/Pupil Personnel File
cc. Sports histories and physical-examination reports
Health File
dd. Nursing Records (Health assessment data; Nursing process notes; 3rd party health records)
Health File
 
C.     CATEGORY “C” RECORDS – SPECIAL EDUCATION
 
1.     Category C includes verified information necessary for the formulation of prescriptive educational plans designed to meet the unique needs of selected students.
 
2.    Category C information should be kept separate from the student's cumulative folder, in the Pupil Personnel File.
 
3.    Category C records must be maintained for at least six (6) years after the student leaves the school district or graduates from high school.
 
4.    Prior to the destruction of Category C information, notification to parents and/or eligible students via media will be made and opportunity provided to copy said records.
 
Category C shall include (where applicable):
 
RECORD
LOCATIONS
a.         PPT referral forms
Pupil Personnel File
b.         School counselor case records
Cumulative/ Pupil Personnel File
c.         School psychologists case records
Cumulative/Pupil Personnel File
d.         School social-work case records
Cumulative/Pupil Personnel File
e.         School speech/language pathology case records
Cumulative/Pupil Personnel File
f. Section 504 Records
Cumulative/Pupil Personnel File
g.         Special Education assessment/evaluation reports
Pupil Personnel File
h.         Due process records (including complaints, mediations, and hearings)
Pupil Personnel File
i.          Individual Transition Plan
Pupil Personnel File
j.          Individualized Education Program (“IEP”) Records
Pupil Personnel File
k.         Planning and Placement Team (“PPT”) records (including notices, meetings, consent forms)
Pupil Personnel File
l.          Individualized Family Service Plans ("IFSPs") Pupil Personnel File
 
D.        CATEGORY “D” RECORDS
 
1.        Category D records must be maintained for minimum retention period specified below.
 
Category “D” shall include (if applicable):
 
 
 
RECORD
 
MINIMUM RETENTION REQUIRED
 
 
LOCATION
a. Sports Contract/Student Contract (including signature sheet for student
handbook)
End of school year in which signed
Cumulative File
b. Permission slips / waivers
3 years
Cumulative File
c. Free/reduced meal application
and documentation
3 years
Cumulative File
d. Annual Notification to Parents (Student behavior and Discipline, Bus Conduct, Electronic Communications Systems, and the
National School Lunch Program)
1 year
Cumulative File
e. Adult education Registration Records
3 years or until audited, whichever comes first
Cumulative File
f. After school program registration
records
1 year
Cumulative File
g. Pesticide application notification
registration form
5 years
Cumulative File
h. School registration records
including residency documentation
3 years or until audited,
whichever comes later
Cumulative File
i. Student portfolio work (student produced work for grading
assessment)
End of year in which student received grade
May be Maintained by Individual Teachers
j. Tardy slips from
parents/guardians
End of school year
Cumulative File
k. Physician’s Standing orders
Permanent; revise as required. Keep old copy
separately.
Health File
l. Student’s emergency information card
Until superseded or 
student leaves school
district
 
Cumulative/Health File
m. Test Protocols Discretion of district
Cumulative/Pupil
Personnel File
n. Log of access to education records
Maintained for same retention period as
required for the record
Cumulative/Health/Pupil Personnel

E.       DURATION OF EDUCATION RECORDS
 
1.        Records shall be destroyed in accordance with district policy and the Records Retention Schedule of the Public Records Administrator.
 
2.         Records may be maintained for longer periods of time whenever valid cause for the retention of records is shown to the custodian of records.
 
3.         Notwithstanding the applicable retention schedule, the school district shall not destroy any education record if a parent or eligible student has an outstanding request to inspect and review the education record.
 
F.        RESPONSIBILITY FOR MAINTENANCE OF EDUCATION RECORDS
 
1.        The Registrar is the Custodian of Records.
 
2.         In addition, the following personnel are designated as the guardians:
 
a.    Categories A, B & D: Registrar
 
b.    Category C: Director of Student Services
 
c.     With respect to confidential HIV-related information, if the is a recipient of an HIV- related disclosure, the Medical Center Supervisor shall be the guardian of records. If not, whoever was the recipient of the HIV-related disclosure shall be the guardian of the records. With respect to child abuse and neglect investigation material, the Head of School shall be the guardian of the records.
 
3.        The chief custodian of records will annually list for public inspection the names and positions of the custodians of records.
 
4.         The custodian of records shall supply parents, on request, a list of the types and locations of education records collected, maintained, or used within NFA.
 
5.         The custodian of records is responsible for ensuring compliance with the confidentiality and access provisions of this policy and these administrative regulations.
 
Appendix A
 
 
The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, et seq., affords parents and eligible students (i.e., students over 18, emancipated minors, and those attending post-secondary educational institutions) certain rights with respect to the student's education records. They are:
 
(1)            The right to inspect and review the student's education records within forty- five (45) calendar days of the day NFA receives a request for access.
 
Parents or eligible students should submit to the House Principal [or designee] a written request that identifies the record(s) they wish to inspect. The House Principal [or designee] will make arrangements for access and notify the parents or eligible student of the time and place where the records may be inspected.
 
(2)            The right to request the amendment of the student's education records that the parents or eligible student believe are inaccurate or misleading, or otherwise violate the student's privacy rights.
 
Parents or eligible students who wish to ask NFA to amend a record should write the House Principal [or designee], clearly identify the part of the record the parents or eligible student want changed, and specify why it should be changed.
 
If NFA decides not to amend the record as requested by the parents or eligible student, the District will notify the parents or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parents or eligible student when notified of the right to a hearing.
 
(3)            The right to privacy of personally identifiable information in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
 
One exception that permits disclosure without consent is disclosure to a school official with legitimate interests. A school official is a person employed by NFA as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); or a person serving on the Board of Trustees; or a person or company with whom NFA has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee; or one of NFA’s sending districts’ officials; or a parent, student, or other volunteer assisting another school official in performing his or her tasks; A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
 
Upon request, NFA discloses a student's education record without consent to officials of another school, including other public schools, charter schools, and post-
 
secondary institutions, in which the student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
 
(4)            The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the agency that administers FERPA is:
 
Family Policy Compliance Office
U.S. Department of Education 400 Maryland Avenue, S.W. Washington, DC 20202-4605
 
Unless notified in writing by a parent or eligible student to the contrary within two weeks of the date of this notice, NFA will be permitted to disclose "Directory Information" concerning a student, without the consent of a parent or eligible student. Directory Information includes information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the parent’s name, address and/or e-mail address, the student’s name, address, telephone number, e-mail address, photographic, computer and/or video images, date and place of birth, major field(s) of study, grade level, enrollment status (full-time; part-time), participation in school-sponsored activities or athletics, weight and height (if the student is a member of an athletic team), dates of attendance, degrees, honors and awards received, and the most recent previous school(s) attended. Directory information does not include a student’s social security number, student identification number or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems unless the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN or password.
 
NFA may disclose directory information about students after they are no longer in enrollment in NFA. Notwithstanding the foregoing, NFA will continue to honor any valid objection to the disclosure of directory information made while a student was in attendance unless the student rescinds the objection.
 
An objection to the disclosure of directory information shall not prevent NFA from disclosing or requiring a student to disclose the student’s name, identified or institutional email address in a class in which the student is enrolled.
 
The written objection to the disclosure of directory information shall be good for only one school year. NFA is legally obligated to provide military recruiters and institutions of higher learning, upon request, with the names, addresses and telephone numbers of secondary school students, unless the secondary student or the parent of the student objects to such disclosure in writing. Such objection shall be in writing and shall be effective for one school year. In all other circumstances, information designated as directory information will not be released when requested by a third party unless the release of such information is determined by the administration to be in the educational interest of the school district and is consistent with the district’s obligations under both state and federal law.
 
 
 
Legal References:         Connecticut General Statutes
1-19(b)(11) Access to public records. Exempt records 7-109 Destruction of documents
10-15b Access of parent or guardian to student's records 10-94i Rights and liabilities of surrogate parents
10-154a Professional communication between teacher or nurse and student
10-209 Records not to be public
10-221b Boards of education to establish written uniform policy re treatment of recruiters 46b-56(e) Access to records of minors
Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Act, as amended, added by section 513 of P.L. 93- 568, codified at 20 U.S.C.1232g.)
Regulations of the U. S. Department of Health, Education and Welfare, published in 45
C.F.R.99 (June 17, 1976)
Connecticut Public Records Administration Schedule V - Disposition of Education Records (Revised 1983)
Adopted:                     December 14, 1994
Revised: April 22, 2008; September 15, 2
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