ESE:ESE Student Records:ESE Student Records Manual Procedures

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Contents

Access to Student Records

Access Log / Written Record of Access

Legal Authorization:

Procedure:

A record (MIS #405) Student Record Access Log of all requests and disclosures of information (automated and non-automated) from student educational records shall be maintained in the student’s permanent cumulative folder as Category A information.

An Access Log entry should be made to record all approved requests/disclosures on the district form. The Access Log should be maintained in the student’s record until five (5) years after the actual or intended date of graduation; at that time, it will be microfilmed.

Records of requests/disclosures DO NOT have to be recorded/maintained when the release is to the adult/eligible student, the student’s parent/guardian, when the request is based on the written consent of the eligible student or parent, when it is directory information, or when the disclosure is to other “public school officials” with “legitimate educational interest," or when the disclosure is to a party seeking records as directed by a Federal grand jury or other law enforcement subpoena that ordered the existence of the subpoena not be disclosed.

Return to Student Services Records Manual Page

Custodial Stepparent

Legal Authorization:

Federal regulatory language guarantees the release of educational records to the student's parent. The parent, as defined under FERPA, includes "...a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian."

FERPA "allows" for a stepparent to make requests for educational records granted to a parent when the stepparent is present in the home on a day-to-day basis, together with the student and natural parent, and the other parent is absent.

Procedure:

A request for educational records sought by the stepparent who lives in the primary custodial home should be treated as it would a request of the "parent." A similar request made by the stepparent of the noncustodial home has no FERPA rights with respect to the student's records.

Return to Student Services Records Manual Page

Electronic Student Records; School Web Sites; eMail

Legal Authorization:

Procedure:

Family Educational Rights and Privacy Act, commonly known as FERPA, pertaining to the maintenance and disclosure of student records, also applies to Electronic Student Records. When exchanging or sharing records with other school districts or public agencies, safeguards must be in place to protect the privacy rights of students under federal law. The same rules of confidentiality apply with respect to student records that are computerized. State statutes dealing with access and disclosure of educational records and information also apply.

Educators need to be aware that with access of information by computer and electronic networks, there are unique privacy issues. Since FERPA requires that schools obtain a parent's written consent before disclosing personally identifiable, non-"directory information" about the student, caution should be taken to carefully monitor the type of student information provided on school Web sites. Also, if school computers/servers store information about the student's electronic activity, such as Internet sites visited, that data might fall within the definition of education information, thus, entitling parents to see it as provided in FERPA. If a system is not in place for finding the technology based information efficiently, school officials may face a difficult, time consuming task in locating and providing the information to parents with the time frame dictated by FERPA. Parents have the right to access educational data about their child, challenge the accuracy of the data and demand changes to the data. Electronic records must be capable of meeting this standard also.

Sole possession, personal notes by administrators, teachers, and Student Services staff are not accessible records to parents (other than when required by the Court), as long as they are not revealed to others. However, if the notes are shared by e-mail then they are no longer protected. Also, although a gray area, if the notes are saved on a server then there is a good legal argument that the notes are no longer in sole possession of the educator, even if password protected.

Although there are many gray areas in law dealing with electronic issues, educators should err on the side of caution.

NOTE: Contact a district Information Services (IS) Supervisor for consultation on ethical/legal standards related to electronic records.

Foster Parents

Legal Authorization:

Federal regulatory language guarantees the release of educational records. FERPA, includes "...a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.";

Florida Statutes, Section 61.1306, regarding the Uniform Child Custody Jurisdiction Act, defines "person acting as parent"; as "...a person other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody."

Procedure:

The regulatory definition of "parent" has been determined to encompass "foster parents." Thus, a request for educational records sought by a duly appointed foster parent should be treated as it would a request of the "parent." A duly appointed foster parent is one who can produce a court order citing guardianship or the verification of guardianship by a representative of the Florida Department of Children and Families concerning the appointment of guardianship to the foster parent.

Guardian Ad Litem

Legal Authorization:

Florida statutory language notes: The guardian ad litem, through counsel, may petition the court for an order directed to a specified person, agency, or organization...which order directs that the guardian ad litem be allowed to inspect and copy any records which relate to the minor child or to the child's parents or other custodial persons or household members with whom the child resides."

Procedure:

A request for educational records sought by the guardian ad litem should be honored when the guardian can produce a court order appointing him/her as such, and the order includes the inspection of educational records. The inspection of records and the copying of any records pertaining to the child is allowed under order of the court.

Health Records

Legal Authorization:

<a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1002.22</a> states that records and reports DO NOT include: Records created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, which are created, maintained, or used only in connection with the provision of treatment to the pupil or student and which are not available to anyone other than persons providing such treatment. However, such records shall be open to a physician or other appropriate professional of the pupil's or student's choice.

<a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1003.22</a> and <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 64F-6.005</a> describe health records and the requirements for securing, maintaining and transferring these records. <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Section 1003.22</a> requires school districts to maintain certificates of immunization and scoliosis screening results as part of the student's permanent educational record.

Procedure:

  • The only health records which are classified as student educational records are those contained in the permanent cumulative folder.
  • Category B information includes immunization records. Category B information also includes vision and hearing screenings and all other school health data unless otherwise stated and/or restricted by law. Category B health records will be maintained until five (5) years after the actual or intended date of the student's graduation unless they are duplicate and OSA (Obsolete, Superceded, Administrative value is lost).
  • A copy of full service school records containing specific health data of a confidential nature from a co-located provider may become the property of that provider if on-going case management requires that information be released. Confidential information may be kept separate from traditional cumulative health records and need not be maintained at school if provider and/or parents so request.
  • Certificates of Immunization: The DOH Form 680 ("Blue Card") is composed of three parts, all issued on the same document. Part A is the Certificate of Immunization which is completed when children have received all immunizations needed for school entry and attendance.
  • Transferring Health records: the cumulative health folder should be transferred to the requesting school upon transfer. the folder contains all health records not considered confidential, including but not limited to DOH 3041 (Cumulative Health Record) and any health screenings, follow-up and corrective action, which are not recorded on the DOH 3041 such as growth/development vision, hearing and scoliosis screenings, DOH 3040, School Health Physical, and DOH Form 680, Parts A, B or C. In some instances, students will have a separate professional treatment health record which contains sensitive and confidential health services information which, in accordance with <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1002.22(2)(c)4</a> and <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 64F-6.005</a>, may only be transferred between health care providers with specific permission of the parent or guardian (or student of legal age) and may not be automatically forwarded in the cumulative folder. It should be noted in the student cumulative health record that a separate record of health information exists.
  • Sharing Health Information with School Staff: School nurses will share information about students' known health/handicapping conditions with appropriate school staff who have a legitimate educational interest (<a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Definitions">see DEFINITION for Legitimate Educational Interest</a>). School staff with access to student records on the TERMS system will have access to health codes on the health information screens (S404, S405, S406) as they are entered by the data entry secretary at the direction of the school nurse.

Forms Required:

Juvenile Justice Interagency Agreement; When Prior Written Consent for Disclosure is Not Required

Legal Authorization:

Procedure:

Parties to an interagency agreement among the Department of Children and Family Services, Department of Juvenile Justice, school and law enforcement authorities, and other signatory agencies for the purpose of reducing juvenile crime may access student records without prior written consent of the parent or adult/eligible student.

To access the above information, the individual requesting the information must have proper identification from a participating agency and must specify a legitimate reason for the request. The individual must sign an access log and that log must be filed in the student’s education record. If information is faxed, the individual faxing the information must enter the name of the participating agency and the name of the individual to whom the information was faxed. The access request should be approved by the school principal or designee.

Information provided in furtherance of this interagency agreement is intended solely for use in determining the appropriate programs and services for the student or the student’s family, or for coordinating the delivery of such programs and services. The information obtained from the student record should not be released to a third party without parent or adult/eligible student consent. A copy of the current interagency agreement is on file in the district Student Services Department.

Military/Armed Forces

Legal Authorization:

Procedure:

  • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Federal_Laws">"No Child Left Behind Act" and the 2002 "National Defense Authorization Act"</a> require schools to provide directory-type information to military recruiters who request it. This would include students' names, addresses, and telephone listings, if published.
  • District Office and school based administrative staff--responsible for authorizing the release of directory information--should comply with these federal mandates and our district's "directory information" policy as contained in this document.
  • The only exception to this release would be for students whose parents have--by an annual written notice to the school--restricted the release of directory information on their child(ren). This notice must be submitted to the school within 15 days of the parent's receipt of the "Public Notice," filed in the cumulative folder and noted on the automated student information system, TERMS.

Forms Required:

Test Protocols and Materials-Parental Right to Challenge and Amend Records

Legal Authorization:

Rights of Parent, Guardian, Pupil, or Student provide for the right to access and the right to challenge the content of any educational record or report maintained on the student. The statute further specifies the right to a hearing to correct, delete, or expunge a record or report that is inaccurate, misleading, or in violation of the privacy or other rights of the student.

“Confidentiality of Assessment Instruments.” <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Federal_Laws">FERPA</a> requires that parents be given access to school records (including test protocols), and that this access is limited to a review of records unless the records cannot be provided for review within 45 days. When such delay occurs, then parents are to receive copies of the records.

  • Under APA Ethical Standards for Psychologists (1992) and NASP'S Principles of Professional Ethics (2000a), school psychologists are "required to maintain test security" and must balance the obligation to protect test security against the parent's rights to inspect test protocols. The parent's legal rights supercede concerns for test security. However, FERPA does not require that parents have access to non-identifying information, that is, parents are not guaranteed access to test manuals and stimulus materials that are not part of the individual student's record or protocol.

Procedure:

  • Schools must provide access to raw test data to a second professional when the parent seeks an independent evaluation of the school’s results and recommendations. Copyright laws are not at issue in this instance. APA ethical guidelines and NASP and FERPA take precedent.
  • Right to access under FERPA and IDEA also includes the right to "reasonable requests for explanations and interpretation of records" and to have a representative of the parent inspect and review the records.
  • If parents want a copy of test protocols, the school can meet the requirements of the Buckley Amendment by ensuring that parents have timely access and the opportunity to review the records at school with professional supervision. Procedural exceptions would include parental illness which precludes travel to school or a due process hearing. In general, a parent experiencing a legitimate hardship should receive a copy if requested.
  • Under APA ethical guidelines, a school psychologist must balance the obligation to protect test security against the parent’s rights to inspect test protocols; the parent’s right to inspect records is paramount.
  • Private notes are not protected if they appear on a test protocol.
  • Under FERPA, professionals are under no obligation to allow parents to examine the actual test materials. Examples may be provided but requests to inspect the test materials should be denied. The confidentiality of assessment instruments is a requirement of the publisher.
  • Parents may request that a record(s) be amended when the information is inaccurate, misleading or violates privacy rights. Schools may disagree with the requested amendment at which point the parent may request a hearing.
  • The rights of the parent to access information, transfer to the student at the age of eighteen (18); although parents continue to have access as long as student is dependent.
  • Psychological reports should not be copied and distributed in the school building.
  • Specific questions may be referred to the Supervisor of School Psychology at the District Office.

Adoption and Legal Name Changes on Education Records

Legal Authorization:

Procedure:

<a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statute, Chapter 63.172(b)(c)</a> states that a legal judgment of adoption "...terminates all legal relationships between the adopted person and (his/her) relatives, including the birth parents...for all purposes...." It further states that it "...creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including...statutes, document... whether executed before or after the adoption judgment...."

Therefore, a school must comply with a request from an adoptive parent--with proper legal adoption judgment documents--to amend and insert the adoptive family's name into all education records, written and electronic. If requested, all references to the former legal name of the child will be deleted from all records.

If the adoptive parent requests that full documents/records be permanently purged from the education record, the principal should follow the procedures in the <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Right_to_Challenge_the_Contents_of_School_Records_and_Hearing_Procedures"> "Right to Challenge the Content of Student Records and Hearing Procedures"</a> section of the Records Manual.

It is the district's intention to comply with all adoptive family requests to amend, correct, delete, and/or purge information and documents from an education record in order to reflect the child's adoptive family name and legal adoption status.

NOTE: See Procedure for <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual_Procedures/#Date_of_Birth.3A_Obtaining_EvidenceVerification_of">Obtaining Evidence/Verification of Date of Birth.</a>

Forms Required:

Adult Education Student Records; Microfilming and Disposal

Legal Authorization:

Procedure:

Initiating and Maintaining Adult Education Student Records

Permanent cumulative education records will be initiated and/or records will be requested from the previous school(s) attended for the following categories of adult education students:

  • High school completion students earning credits for a Pasco County Adult High School Diploma;
  • GED preparation students attending review classes in preparation for the State of Florida High School Diploma; the individual school database, required demographic folder, and state GED registration form are the only documents required for students not enrolled in review classes who test at a Pasco County GED test site. Upon the awarding of the GED diploma, an official permanent cumulative education record should be established.
  • Career and Technical education students enrolled in licensure programs, e.g., cosmetology, patient care assistant, and child care apprenticeship;
  • ABE students planning ultimately to achieve a high school diploma;
  • Early entry students referred by the District School Board; and
  • ESE students staffed into adult handicapped programs.

Permanent cumulative education records need not be requested for adult education students who are: * Enrolled in classes (credit or noncredit) for the purpose of personal satisfaction/ improvement; and/or * Enrolled in career and technical education programs not leading to licensure or certification; the student's completed adult education registration form and the school's adult education database are the only required records maintained for these students.

Microfilming and Destruction of Adult Education Student Records

When students graduate from adult education, GED, credit completion, child care apprenticeship, cosmetology, and ESE, the records are maintained at the Moore Mickens or Marchman Centers for five years, after which the Category A records are forwarded directly to Micrographics Services for microfilming. Category B information is sent directly to the District Warehouse for disposal.

All other adult education records will be maintained, retained, and disposed according the school district’s procedures for retention and disposal of records as described in this section.

NOTE: See <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual_Procedures/#Disposal_Authority_for_Public_Records_That_Have_Met_Their_Required_Retention_Period_Retention_Schedule">Disposal Authority for Records - Retention Schedule</a>.

Audit

Exceptional Student Education (ESE) Category B Records Maintained for Audit Purposes

Legal Authorization:

Procedure:

The following ESE documents should be maintained in the student's permanent cumulative record folder for audit purposes:

  • All documents referenced on the staffing checklist.
  • All IEPs, EPs, FSPs, TIEPs including checklists, transportation forms and mainstream consult log forms.
  • All parents’ invitations to attend IEP meetings.
  • All notices of re-evaluation.
  • All re-evaluation reports.
  • Notice of diploma option form.
  • Formal Notice of Denial:
    • to initiate a formal evaluation;
    • to include a requested component of the IEP;
    • or to make a program change.
  • Notice of Transfer of Rights at Age 18.
  • Notice that Graduation with a Standard Diploma is a Change of Placement.
  • Notice of IEP Team Recommendations for Reevaluation.
  • Notice of Intent Not to Conduct a Formal Evaluation.
  • Alternate Assessment documents.
  • IEP/TIEP Progress Reports.
  • Behavior Intervention Plans.
  • Manifestation Hearing Reports.
  • Findings of an Administrative Hearing Judge as the result of a Due Process Hearing.
  • Findings the Florida Department of Education as the result of a parent complaint.
  • Reports of corrective actions as the result of findings from the Florida Department of Education or an Administrative Law Judge.

These documents will be maintained until five (5) years after the date of actual or intended graduation for the student. The only exceptions to this retention requirement will be for documents that are DUPLICATE or documents which have been approved for purging as a result of an administrative hearing (see Hearing Procedures). After the required retention period has been met, ESE records will disposed of according to state/district procedures in a confidential manner.

Home Language Survey, Monitoring of Limited English Proficient (LEP) Students

Legal Authorization:

Procedure:

The LEP Student Plan is a written document(s) which identifies student name, instruction by program including programs other than ESOL provided, amount of instructional time or schedule, date of LEP identification and assessment data used to exit the student as English proficient. The plan may be included in or attached to the student's existing plan, IEP, etc. or may be a separate document for a given student or students. However, if "students," each student will have an individual copy of the plan maintained in their permanent cumulative folder.

Beginning in 1990-1991, each student, upon initial enrollment in a school district, shall be surveyed at the time of enrollment by being asked questions identified in section I(B)(2) of the <a href="http://www.fldoe.org/aala/lulac.asp">Florida Consent Decree of 1990</a>.

The Home Language Survey (MIS #580) must ask the specific questions and be maintained in accordance with <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rules 6A-1.0955, FAC</a>.

The home language and the national origin of each student shall be collected and retained in the district's automated student identification system.

Home Language Surveys are classified as Category A and will be maintained and microfilmed as permanent records. LEP Student Plans are classified as Category B information and will be maintained until five years after the date of actual or intended graduation.

Forms Required:

Maintaining Documents for Audit Purposes/Requirements

(e.g., FTE, ESE, Alternative Education, ESOL, Pre K Programs)

Legal Authorization:

The transfer of records shall be made immediately upon written request of an adult student, a parent or guardian of a pupil or a receiving school. The principal or designee shall transfer a copy of all Category A and Category B and shall retain a copy of Category A information and auditable Category B records*.

Student records which are required for audit purposes for programs listed in <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Sections 1001.03 and 1010.305</a> shall be maintained in the district for the time period indicated in <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 6A1.04513, FAC</a>. Copies must be maintained of all Category A records and those records (Category A and B ) that provide documentation of program eligibility and services provided for students in Exceptional Student Education, Alternative Education, English Speakers of Other Languages/ESOL and for student receiving services through an Academic Improvement Plan (AIP), 504 Plan, or in On the Job Training courses.

Procedure:

Student education records that may be subject to a federal or state audits must be maintained by the school/school district for both currently enrolled and transfer students*. Category A and appropriate Category B information shall be maintained for all students who are or have been enrolled in auditable programs (e.g., ESE, Pre K, Alternative Education, ESOL, and for FTE purposes).

Individual district program supervisors/directors will, through written correspondence, indicate which records must be maintained and for what period of time in order to comply with Audit/FTE standards for their program area(s).

  • NOTE: Review Procedure for Transfer of Education Records, In District, Out of District.

Pre-K, Head Start and School Readiness Records Maintained for Audit Purposes

Legal Authorization:

Procedure:

The following documents must be maintained in the student's permanent cumulative record for audit purposes. The records will be forwarded to the receiving school upon parent request. If parent request is not initiated, the records may be forwarded to the receiving school without parent request. If a receiving school is uncertain about the previous school district site attended by the child, the Department of Pre-kindergarten Services may provide assistance.

Child's health records, including: * Health screenings (growth, vision, hearing, speech, other screenings) * Medical, dental, and developmental history * Record of medical examinations of systems/regions indicated by history or screening test * Immunization record * Record of dental exam and follow-up treatment for dental problems * Record of follow-up treatment for detected health problems * Parent/guardian authorization for health/dental services provided

Summative Child Observation Record (COR) and other Assessments Child Education Plans Children with disabilities--Individual Educational Plan (IEP) Video Release Form (original)

Charter School Student Records

Legal Authorization:

  • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statute 1002.33(12) Charter Schools. Exemption From Statutes</a>
    1. A charter school shall operate in accordance with its charter and shall be exempt from all statutes in chapters 1000-1013. However, a charter school shall be in compliance with the following statutes in chapters 1000-1013:
      • Those statutes specifically applying to charter schools, including this section.
      • Those statutes pertaining to the student assessment program and school grading system.
      • Those statutes pertaining to the provision of services to students with disabilities.
      • Those statutes pertaining to civil rights, including s. 1000.05, relating to discrimination.
      • Those statutes pertaining to student health, safety, and welfare.

      Additionally, a charter school shall be in compliance with the following statutes:

      • Section 286.011, relating to public meetings and records, public inspection, and criminal and civil penalties.
      • Chapter 119, relating to public records.


      • Charter Schools are exempt from Sponsor's policies.

        Due to the possibility that students enrolled in a charter school may return to the public school system, the school shall utilize a records and grading procedure that is consistent with the Sponsor's current records and grading procedures.

        Procedure:

        • Students transferring to a Charter School: All Charter Schools in Florida are fully recognized as public schools. The educational staff of the Charter School will, upon completion of a release of records by the parent or guardian, provide the student's home school with said request. The district home school will then transfer the complete student record to the Charter School. A copy of Category A and auditable Category B records will be maintained by the sending Pasco public school. The Charter school will maintain both active and archival records for current students in accordance with Florida Statutes.
        • Students transferring out of a Charter School: All permanent records of students leaving a Charter School, whether transferring to a Pasco County school or withdrawal to attend another school system, will be transferred in accordance with Florida Statute. The student records for special education, eligibility, staffing and Individual Education Program (IEP) reviews shall be current. Student records will be transferred to the appropriate school if a student withdraws to return to the Pasco County School System or another school system upon receipt of a records request from the school to which the student is transferring. The request for records must be signed and dated by the parent or guardian. The charter school shall retain copies of the departing student's records created during the student's attendance at the school.
        • Charter school students attending Pasco schools part-time: A student record will be initiated for charter school students attending a Pasco school on a part-time basis.
        • Annual Report: An annual report shall be transmitted and delivered by the charter school to the District School Board of Pasco County, listing all students enrolled during the school year and the disposition of each student's permanent records (i.e., stored on site, or other disposition). This report for the immediately preceding school year shall be transmitted and delivered each year prior to July 1.

        NOTE: Questions concerning Charter School student records should be referred to the district's Supervisor of Charter Schools.

        Confidentiality

        Exceptional Student Education (ESE) Confidentiality / Need to Know

        Legal Authorization:

        Procedure:

        Confidentiality: The sharing of any information that can possibly lead to the identification of an ESE student without the specific authorization of the parent or without the "need to know" in order to provide educational services to that student is prohibited under the rules of confidentiality. For example, providing a list of all ESE students in the school to all general educators would be prohibited. Giving a specific general educator a list of only those ESE students in that teacher's class(es) along with an ESE contact teacher's name would be appropriate because the general educator has a "need to know" the special needs of a child and who to contact should academic or behavioral issues arise for an ESE student in that class.

        Keys to maintaining appropriate confidentiality include: Only discuss a student with those who are directly involved in making decisions about a student's educational needs and do so only in a setting in which no one else can overhear what is being discussed. Professional staff need to remember that at the conclusion of any meeting, even if it might be considered follow up information, no further information about that student can be shared after that meeting with anyone other than school staff and the parent or guardian unless there is written consent of the parent or guardian. Only discuss the facts and present information necessary to making appropriate decisions about the student's education and performance in acceptable, professional terminology.

        Right to Know: Every general educator must be made aware of all ESE students scheduled in their classes and who the ESE contact teacher is for each of those students, regardless of the level of service they may be required to provide. This can be provided in a list specific to that general educator of ONLY those ESE students who are in that teacher's classes. They must also be personally and specifically given the modifications and accommodations that they are required by the TIEP/IEP. This should be done orally at a face-to-face meeting between the general educator and the ESE contact teacher, as per the IEP/TIEP Accessibility Plan established at each school. In cases where a substitute or volunteer may be involved, the substitute or volunteer need know only those things that are directly related with the function they are expected to perform in relation to that student. Any additional or incidental information is not to be shared. Furthermore, substitutes are temporary employees and are bound by the professional ethics of confidentiality.

        Confidentiality Agreement

        Legal Authorization:

        • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1002.22</a> Pupil and student records and reports; Right to Privacy. This section states that, "Every pupil or student shall have a right of privacy with respect to the education records kept on him or her. Personally identifiable records or reports of a pupil or student...are confidential and exempt from the provisions of Florida Statute 119.07(1) (Public Records)."

        Procedure:

        All new employees, volunteers, intern and practicum students must sign a "Confidentiality Agreement" during their district or school level orientation. *Note: For Volunteers, refer to Procedure #10.

        It is recommended that all principals discuss the "right of privacy" and "confidentiality" of records with all staff, volunteers, interns on an annual basis at the beginning of the year orientation meeting. Principals may ask staff and others to sign a "Confidentiality Agreement."

        The "Public Notice" should be given to all staff, volunteers and interns/practicum students on an annual basis.

        A sample "Confidentiality Agreement" follows. The "Public Notice" is included in this section of the Student Records Manual.

        A copy of "The Code of Ethics and The Principles of Professional Conduct of the Education Profession in Florida " (Florida Dept. of Education, Education Standards Commission) should be given to all school staff. This document states that educators "...shall keep in confidence personally identifiable student information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law."

        Forms Required:

        Confidentiality for Volunteers

        Legal Authorization:

        • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 6A-1.070</a> Teacher aides and volunteers. The standards and procedures shall apply to teacher aides and volunteers as defined in Section1012.01, K-12 Definitions, Florida Statutes. This section states, "It is the responsibility of the head of a school and of each instructional staff member in that school who is assisted by a teacher aide or volunteer to see that those duties assigned to each teacher aide or volunteer are consistent with the Florida Statues, rules of the State Board and policies of the district school board."

        Procedure:

        All volunteers in the school district must register annually at each school where they intend to be a volunteer.

        The volunteer registration form asks the volunteer if they "...agree to maintain confidentiality of student information."

        It is required of schools to provide a volunteer orientation where the rules and regulations of the program are discussed. At this orientation, the volunteers are given a procedure handbook. This handbook explains the general principles, school board policy and guidelines governing the school volunteer program.

        Volunteer Confidentiality: The literature that is distributed to the school volunteers during orientation states that volunteers may not have access to the student information system or cumulative records unless designated by the principal and only if volunteers receive specific training regarding confidentiality of the student records. Also, volunteers must sign an agreement on the district volunteer application form to maintain confidentiality regarding student information.

        Forms Required:

        Date of Birth: Obtaining Evidence/Verification of

        Legal Authorization:

        Before admitting a child to pre kindergarten or kindergarten, the principal shall require evidence that the child has attained the age at which he or she should be admitted in accordance with the provisions of F.S. 1003.21. The principal may require evidence of the age of any child whom he or she believes to be within the limits of compulsory attendance as provided for by law. If the first prescribed evidence is not available, the next evidence obtainable in the order set forth below shall be accepted:

        1. A duly attested transcript of the child’s birth record filed according to law with a public officer charged with the duty of recording births;
        2. A duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to by the parent;
        3. An insurance policy on the child’s life which has been in force for at least 2 years;
        4. A bona fide contemporary Bible record of the child’s birth accompanied by an affidavit sworn to by the parent;
        5. A passport or certificate of arrival in the United States showing the age of the child;
        6. A transcript of record of age shown in the child’s school record of at least 4 years prior to application, stating date of birth,
        7. OR

        8. If none of these evidences can be produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age signed by a public health officer or by a public school physician, or, if neither of these shall be available in the county, by a licensed practicing physician designated by the school board, which certificate shall state that the health officer or physician has examined the child and believes that the age as stated in the affidavit is substantially correct.

        A "homeless child," as defined in <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statute 1012.01,</a> shall be given a temporary exemption from this section for thirty (30) school days.

        Procedure:

        The evidence of date of birth must be recorded on the Student Registration Form (MIS #148) and the Permanent Record Card MIS #458, MIS #457, MIS #456, and entered into the automated student system using the birth date verification codes designated by the DOE information data base requirements (see attachment).

        Schools need to be certain that the most recent copy of the above documents/forms are being used; these documents are often updated by the school district and/or the DOE.

        While it is not required, it is strongly recommended that schools make a copy of the document/evidence of date of birth and file it in the permanent record. This will avoid confusion/problems that sometimes arise in later years concerning the student's legal name and/or parents/legal guardian information.

        NOTE: No copies of an ESOL student's passport or certificate of arrival should be placed in the permanent record.


        Pasco County Registration Information

        Students entering kindergarten for the first time have to be 5 years of age on or before September 1st.

        Students entering a Pasco County school or any other Florida school for the FIRST TIME, at any grade level, MUST present the following items upon registration at the school:

        * current immunization records Immunization/Physical requirements for school entry
        • proof of a physical examination dated and signed by physician within the last 12 months
        • birth certificate
        • Social Security number
        • proof of Florida residency (such as utility bill, lease agreement, etc.)
        • copy of student's last report card (if applicable)
        • legal guardianship records (if applicable)

        Students transferring from another Florida county must present the following items upon registration at the school:

        * current immunization records Immunization/Physical requirements for school entry
        • Social Security number
        • proof of Florida residency (such as utility bill, lease agreement, etc.)
        • copy of student's last report card (if applicable)
        • legal guardianship records (if applicable)

        Forms Required:

        <a href="https://www.fldoe.org/eias/dataweb/student_0809.asp#-B-">FLDOE Information Data Base Requirements (Birth Date Verification)</a>

        Discipline Records: Access to and Maintenance of

        Legal Authorization:

        • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 6A-1.0955,</a> Education Records of Pupil and Adult Students, does not specifically cite Discipline Records as part of Category B records, the Rule does allow a school district to include/classify discipline records as Category B. The Pasco County School District has chosen to consider "major" and "expulsion" related discipline records as Category B and include them in the student’s education record.
        • 2002 FERPA changes mandate that schools maintain and transfer suspension and expulsion records on all students.

        Procedure:

        Definition: Student discipline records are maintained by the school principal. They include but are not limited to: discipline referral forms, discipline incident reports, signed testimonies by witnesses, suspension notices, all correspondence related to expulsion proceedings. Student discipline records fall into three broad categories:

        • Minor offenses: these are violations of the Code of Student Conduct under Levels I and II, always result in a formal disciplinary referral, and are consequated by an intervention other than out-of school suspension.
        • Major offenses (serious breach of conduct): these are violations of the Code of Student Conduct under Level II and III, always result in a formal disciplinary referral, and are consequented by an out-of-school suspension or more severe intervention.
        • Expulsion records: these are all instances of Level III violations of the Code of Student Conduct which result in formal action by the School Board (expulsion with or without educational services).

        Location of Records: The original student expulsion, suspension, and discipline records are maintained by the principal. Copies of student expulsion, suspension, and discipline records may be filed outside the cumulative record as long as the following precautions are met:

        • A notice is clearly posted in the student records room explaining the existence and location of the discipline records.
        • Any legitimate educational records request by parents or others during the year will be honored and will include copies of the discipline records.
        • If student records are transferred during a school year, the principal will ensure that relevant discipline records (i.e., "major" offenses, suspensions, expulsion records) are included; other, "minor" and OSA discipline records may be purged entirely, consistent with confidential procedures.
        • At the end of each school year, the principal or his/her designee shall purge duplicate (pink and yellow NCR copies), OSA, and "minor" offense discipline records and destroy them in a confidential manner. The original copy (white) for all "major" offenses, suspension, and expulsion-related offenses shall be filed in the students' record folder and maintained for the required retention period. All other discipline records may be purged and destroyed in accordance with "Category B Purging Procedures" for OSA and duplicate records.
        • Expulsion records are to be retained for at least five (5) years.

        Manifestation Hearing Records: The original copy of the manifestation hearing documentation is to be maintained in the student's ESE file (red folder). Individual teachers may maintain a program folder which may include "copies" of the manifestation hearing documentation.

        Records Maintenance: It is the principal’s responsibility to ensure that discipline files are purged on an annual basis. Duplicate, OSA, and "minor offenses" discipline records may be disposed of, in a confidential manner, on an annual basis in accordance with state statute and district procedures during the purging process. Relevant "major offenses", suspensions, and "expulsion files" should be maintained as Category B information in the permanent record folder until their retention period has been met or until they have been classified as OSA. In no instance should discipline records be maintained in a separate file after a student record has been transferred to another school or district. At the time of transfer, "major offense" disciplinary, suspension and/or expulsion files should be retrieved and transferred along with the student record. This is a new 2002 FERPA requirement.

        Electronic Records: Discipline records may be purged from the automated student system at any time as long as the paper file/record copy is still in existence. Likewise, the data may be purged when the required retention period of the information has been satisfied.

        Disclosure to Department of Children and Family Services (DCF) and Sheriff's Child Protective Services (CPI) Investigators in Child Abuse Investigations

        Legal Authorization:

        • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1002.22 Right of Privacy;</a> states that records may be released to person/organizations without the prior consent of the student/parent in connection with an emergency, if knowledge of the information in the pupil’s or student’s educational records is necessary to protect the health or safety of the pupil, student, or other individuals.

        Procedure:

        The district will allow access to/disclosure of information in student records to appropriate staff from the Department of Children and Family Services (DCF) and Sheriff's Child Protective Services (CPI) Investigators in the course of a child abuse investigation. The DCF and/or the Sheriff's Child Protective Services (CPI) investigator(s) must show appropriate identification and just cause to school officials.

        The DCF investigator must sign the access log which will be maintained in the student’s permanent education record.

        Refer to Pasco School Board Policy: Schools will allow the release of personally identifiable information to DCF in health and safety emergencies when there is a serious threat to the welfare of the student or other individuals. This action is allowable under Florida Attorney General’s Opinion 87-10.

        Forms Required:

        Disposal Authority for Public Records That Have Met Their Required Retention Period; Retention Schedule

        Legal Authorization:

        • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Chapter 119.01</a> Each agency shall establish a program for the disposal of records that do not have sufficient legal, fiscal, administrative, or archival value in accordance with retention schedules established by the records and information management program of the division of Library and Information Services of the Department of State.
        • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Chapter 257,</a> establishes the State’s Records Management and Archives Program under the direction of the Division of Library and Information Services, Department of State; it specifically provides for a system for the scheduling and disposal of public records. The Chapter also authorizes the Division to establish and coordinate standards, procedures, and techniques for efficient and economical record making and keeping.
        • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 1B-24, Public Records Scheduling and Dispositioning</a> This rule establishes certain standards and procedures for the scheduling and dispositioning of public records. These standards are intended to promote economical and efficient management of records and to ensure that record of archival value under an agency’s control are so designated in order to protect the heritage of Florida’s culture that exists in its records.

        Procedure:

        Using the Retention Schedule GS7 for Public Schools, cost center administrator completes MIS Form #547, District School Board of Pasco County, Information Services Department Request To Dispose of Scheduled Records (see attachment).

        The Information Services Department receives MIS Form #547 from the cost center requesting action and verifies the records and retention periods listed for destruction. Using the MIS Form #547, Information Services completes MIS Form #549, District School Board of Pasco County, Records Disposition Document (see attachment). The Records Disposition Document, MIS Form #549, is returned to the cost center for verification by the administrator and signature. Cost center then returns to Information Services for final approval by the Records Management Liaison Officer (RMLO).

        Information Services sends a copy of the approved MIS Form #549 to the cost center. The cost center then performs the action (for microfilming follow procedures) signs and dates MIS Form #549 and returns to Information Services for documentation.

        1. Confidential Records:
          • student records are boxed and labeled as confidential records;
          • school complete MIS Form #129, Interdepartmental to Warehouse requesting records pickup;
          • upon pick-up, Warehouse driver will be given the Records Disposition Document by school administrator;
          • records are transported to District Warehouse awaiting destruction;
          • Warehouse transports records to disposal facility;
          • Section g. of Records Disposition Document, "Disposition Action and Date" is completed by Warehouse personnel;
          • driver signs as witness and dates block 11 on the Records Disposition Document;
          • original Records Disposition Document is returned to Information Services; and is entered in the "Records Destruction/Retention File."
        2. Records NOT Confidential:
          • may use option A above for confidential records.
          • school performs in-house destruction as followed:
            • school administrator witness disposal and completes Section g. "Disposition Action and Date."
            • dates and signs as witness in block 11 on Records Disposition Document;
            • original Records Disposition Document is retuned to Information Services; and is entered in the "Record Destruction/Retention File."

        NOTE: Duplicate Category B information/records with the retention value OSA (retain until obsolete, superseded or administrative value is lost) must be disposed of through the District Warehouse, no prior approval is necessary from Information Services. All student records must be clearly marked confidential and disposed of through the District Warehouse using the District Interdepartmental MIS Form #129. Material must be boxed and the green labels "Summer Purging of Category B -OSA/Duplicate Records for Currently Enrolled Students FOR CONFIDENTIAL DISPOSAL" placed one on each side and the top of each box.

        Forms Required:

        • Information Services Department Request to Dispose to Scheduled Records9MIS #5470

        ESE

        Age of Majority / Eligible ESE Student Status

        Legal Authorization:

        Procedure:

        In the state of Florida, all students reach the age of majority at 18 years of age, including ESE students. Based on this, the district must take the following actions:

        • At the TIEP meeting during the school year in which a student reaches his/her 16th birthday, the parent and the student must be informed of the rights that will transfer to the student upon the 18th birthday. The TIEP must document this. If a student transfers into the district at age 16 and this has not been documented on the TIEP from the transferring school, it should be done at the initial IEP conference held at the receiving school.
        • When the student attains his/her 18th birthday, a notice regarding the transfer of rights must be provided to the parent and student. The right to prior notice is a right jointly held by parent and student, and therefore, the district must provide any such notices required by IDEA to both parent and student from that point. The only exception to this rule relates to students who have attained the age of 18 and are incarcerated in a juvenile justice facility or county jail. In these cases, parents no longer retain the right to notice. If a student has been determined by the court to be incompetent, then the rights would not transfer to the student and would be retained by the parent or guardian. This must be documented on the TIEP.

        NOTE: FERPA states if a student is classified as a dependent, schools may disclose and release information to the parents without the prior consent of the adult/eligible student. Therefore, school officials may discuss and provide access to student records to parents of dependent ESE students who are 18 years old. If a copy of an outside assessment (e.g., Vocational Rehabilitation) has been entered in the student's cumulative record at the school, it can be shared with the parents. If not, the parents will need to secure a release from their adult/eligible student and follow the outside agency's policies. The student will need to sign a consent to release records to outside agencies at age of majority. When IDEA rights transfer, it is right of consent that transfers. Parents retain the right of notification jointly with the student.

        Order, Maintenance, and Transfer of Exceptional Student Education (ESE) records in the cumulative student record folder

        Legal Authorization:

        <a href="http://www.pasco.k12.fl.us/wiki/ESE:District_ESE_Procedures">Exceptional Student Education Procedures</a>

        Files:

        1. ESE student records are to be kept in the student's cumulative record folder - not in a separate drawer.
        2. Color Code
          1. Manila
            • Cases in progress
            • Non ESE/Information Only
            • Data transfers to a colored file once an ESE staffing has been scheduled
          2. Red = eligible for ESE
          3. Blue = ineligible for ESE
        3. Style - no pockets
        4. Brads - at top left and top right to secure information
        5. Number - one file for each exceptionality
        6. Optional - Schools may continue to use color-coded tabs for specific exceptionalities

        Data:

        1. Bradding of information - ALL papers which are appropriate for the ESE file should be bradded into the file (no loose papers)
          1. Right side of file
            • Staffing paperwork - start with the first item listed on the program checklist on the bottom and continue in order with the staffing checklist placed on top
            • Re-evaluations
              • file on top of staffing checklist in primary program file (most current on top)
                • invitation to reevaluation meeting - MIS #762
                • Re-evaluation team meeting - MIS #809
                • Consent for Re-evaluation - if appropriate - MIS #444
                • Signed Re-evaluation Report - MIS #718
              • In the student's other ESE files, indicate the date of the re-evaluation and the location of the re-evaluation data
            • Work evaluations - on top of staffing checklist
          2. Left side of file
            • Current matrix on top
            • Current IEP under matrix
            • Earlier IEP's behind current IEP (retain all IEP's)
            • Each IEP should be stapled to clearly identify and separate it from earlier IEP's
              • Include transportation form if indicated on cover page - if transportation is a continuation, case manager attaches existing form to new IEP and makes a copy to attach to previous IEP
              • Include invitation and parent response
              • Include conference notes which document parent input, if appropriate
              • Attach year end progress reports to back of IEP at end of year.
          3. Transfer placements
            • NOT required to have a program checklist
            • MIS #707 will be bradded on top on the right side and will indicate a compliance review by the ESE Specialist before file is considered complete
          4. Temporary placements
          5. Procedures for these files are the same as for initial placements
          6. Out-of-state IEP's are bradded on the left with the most current IEP on top c) Out-of-state evaluation and peripheral data is bradded on the right side before adding Pasco County data
          7. </ul>
          8. NOTE: For students in more than one ESE program, the entire current IEP should be housed in the primary program file and an explanatory note bradded into the other ESE files
          9. If a student's primary exceptionality changes, only the current IEP needs to be moved into that file.
          10. Functional Behavior Assessment and Behavior Intervention Plans should be placed behind the current IEP (not stapled to current IEP)
          11. Functional Behavior Assessment checklist cover page and accompanying data collection sheets should be bradded on the right side of the file on top of the program checklist or the most current reevaluation
          12. Manifestation Hearing Forms (MIS #816) and accompanying parent conference sheet should be placed behind the current IEP (Not stapled to current IEP)
          13. The following information is inappropriate for the ESE file
            • Work samples-maintain in teacher program file
            • Test protocols-maintain in teacher program file
            • Discipline referrals-maintain in file in principal's office and/or in general cum folder as required by procedures in this manual
          14. Data entry forms are maintained in a separate notebook following the ESE staffing (see Data Entry Manual)
          15. Dismissals
            • Staffing form bradded on top right side
            • Dismissal letter filed beneath staffing form
            • Invitation filed beneath dismissal letter
            • Mark folder tab "dismissed" and add date
        2. Withdrawal of ESE students:

          1. Students currently enrolled in ESE programs
            1. If transferring to another Pasco County school, send ESE file with the cum and inform receiving school.
            2. If transferring to another Florida district or out-of-state, keep the ESE file and send copies of important ESE records to the receiving school (current IEP, consent for testing, referral for evaluation, evaluations, ETR, placement papers, reevaluations).
          2. Active cases
            1. If transferring to another Pasco County school, inform the ISS chairperson and send the active file directly to that individual at the receiving school.
            2. If transferring to another Florida district or out- of- state, keep originals of important documents and send copies. Place file in cum to be forwarded to receiving school with note of explanation regarding status of referral.

          NOTE: Once ESE information is completed and filed, it is the responsibility of the ESE teachers, the therapists and the pathologists to maintain the ESE paperwork in the ESE file for their area of eligibility by bradding documents added to the file.

          NOTE: Many students move over the summer. Therefore, it is important that teachers and therapists brad new invitations, IEP's, matrices, re-evaluations, etc. in files before the end of the school year.

          If further delineation of major programs is desired, colored labels may be used as follows:

          yellow = SLD purple = EH/SED red = gifted
          green = Sp/L blue = EMH orange = all other ESE programs

          Exceptional Student Education (ESE) Confidentiality / Need to Know

          <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual_Procedures/#Exceptional_Student_Education_ESE_Confidentiality_Need_to_Know">Exceptional Student Education (ESE) Confidentiality / Need to Know</a>

          Duplicating Fees for Student Records

          Legal Authorization:

          This rule states that school districts will have "... a schedule of fees for copies of education records which shall not exceed the actual cost of reproduction of such records and shall not reflect the costs to retrieve the education records."

          Procedure:

          The philosophy of the Pasco County School District is to provide free copies of student records to parents and/or adult/eligible students requesting them. However, if a school principal or district department determines that it is appropriate to charge for copies of student records, the following duplicating fee schedule should be adhered to:

          Uniform Fee, Per Page, for Copies to the General Public $0.18
          Uniform Fee, Per Page, for Copies to District Employees (per contract, 2001) $0.15

          Return to Student Services Records Manual Page

          Health Records

          Access to and Maintenance of

          <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual_Procedures/#Health_Records">Student Health Records</a>


          Release of Student Records to Physical and Mental Health Providers

          Legal Authorization:

          • FERPA Federal regulatory language defines the conditions under which prior consent is not required to disclose information to a third party, not acting as a "parent" to the student. Only in cases of "health or safety emergency" may information be disclosed to a physical health or mental health providers.

          Procedure:

          Disclosure of educational records to a physical health and/or mental health provider, except under a "health or safety emergency," must have a parent or eligible student (18 or older) provide a signed and dated consent before a school may disclose records. The consent must: (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and (3) Identify the party or class of parties to whom disclosure may be made.

          Home Education Student Records

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1012.01,</a> K-12 Definitions, Home Education Program A home education program is sequentially progressive instruction of a student directed by his or her parent or guardian in order to satisfy the requirements of Florida Statutes 1002.41 and 1003.21

          Procedure:

          Upon receipt of a signed home education registration form, the Student Services Department will send out a letter verifying that a home education program has been opened to both the parent and the registrar at the student's school of attendance. Copies of all correspondence will be kept in the student's file in the Student Services Department. Documentation of all activities stipulated below will be noted in the file.

          Upon opening a home education program, the parent/guardian will be provided with the following information regarding student records:

          Portfolio: The parent must maintain a portfolio of records and materials. The portfolio is not part of the student file, but is retained and maintained by the parent/guardian. The portfolio shall consist of:

          • a log of educational activities which is made at the same time as the instruction and which designates by title any reading materials/instructional materials used
          • samples of any writings, worksheets, workbooks, or creative materials used or developed by the student.

          The portfolio must be preserved by the parent(s)/guardian(s) for two years and shall be made available for inspection by the superintendent or the superintendent's agent upon 15 days written notice.

          Should a home education student be selected for a portfolio review, a letter is sent to the parent requesting that the records and materials listed above be brought in for review.

          Evaluation: The parent/guardian must provide an annual education evaluation documenting the student's demonstration of educational progress at a level commensurate with his or her ability. A copy of the annual review must be sent to the district in which the student resides and is retained in the student's file in the Student Services Department. The evaluation shall consist of one of the following.

          • a teacher selected by the parent/guardian shall evaluate the student's educational progress through portfolio review and discussion with the student. The evaluating teacher shall hold a valid regular Florida certificate to teach academic subjects at the elementary or secondary level:
          • The student shall take any nationally normed student achievement test administered by a certified teacher.
          • The student shall take a state student assessment test used by the school district and administered by a certified teacher, at a location and under testing conditions approved by the school district.
          • The student shall be evaluated by an individual holding a valid, active license pursuant to the provisions of Florida Statute 490.003(7), or (8); or
          • The student shall be evaluated with any other valid measurement tool as mutually agreed upon by the school superintendent of the district in which the student resides and the student's parent or guardian.

          Upon receipt of the annual evaluation, the evaluation is reviewed. If the student does not demonstrate educational progress at the level commensurate with his or her ability, the superintendent shall notify the parent or guardian, in writing, that such progress has not been achieved, and the parent or guardian has one year from the date of receipt of written notification to provide remedial instruction to the pupil. At the end of the one year probationary period, the student will be re-evaluated. Letters regarding evaluation are kept in the student's file in the Student Services Department.

          When a home education student wishes to enroll in a public school the parent or guardian must provide the school with the following records.

          • Parents/guardians shall provide to the school a detailed course description for each course, indicating instructional objectives, instructional materials, methods of student performance evaluation and an assessment of the student's successful completion of the course.
          • Parents/guardians shall provide evidence that each course eligible for one high school credit consisted of at least 135 hours of instruction.

          A home education student may be eligible for Dual Enrollment arrangements between their home education program and Pasco-Hernando Community College. These arrangements for Dual Enrollment are made directly between the home education provider and the community college; no involvement by the District School Board is necessary.

          Any time a student is enrolled part-time in a public school and part-time in a home education program, the district school board will maintain both a cumulative record at the public school the student is attending and a file for the home education program in the Student Services Department.

          Return to Student Services Records Manual Page

          Home Language Survey: Recording of Student’s Legal Name and Any Alias Names(s) (AKA) of the Student and Parent on Student Records

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1003.21, Evidence of Date of Birth Required</a> Student records (automated and non-automated) shall use the student’s legal name as it appears on the birth certificate or other authorized document as described in Florida Statute, Section 1003.21.

          Procedure:

          The student’s legal last name must be recorded on permanent education records and may be changed ONLY when OFFICIAL EVIDENCE of a legal name change is presented to the principal or designee (e.g., a newly issued BIRTH CERTIFICATE (re: adoption) or a COURT DOCUMENT recording a LEGAL NAME CHANGE). If requested, reference to the previous legal name(s) may be deleted/expunged from the student records under these circumstances.

          An Alias (AKA) may be used at the written request of the parent, legal guardian, or adult/eligible student. The Alias/AKA should be recorded on the Permanent Record Card and in the Automated Student System on the S313 Student Demographics screen (see attachment). It should be noted, however, that the automated system will only recognize and print documents showing the last legal name of the student.

          Student LEP status, date of Home Language Survey, Country of Origin and Home Language of the student and parent must be recorded on the S313 Student Demographics screen in the Automated Student Information System (TERMS).

          Forms Required:

          Home School Communications for Limited English Proficient (LEP) Students

          Legal Authorization:

          Procedure:

          All Home-School Communications (written and oral) between the school district and the parents of current and former limited English proficient (LEP) students are undertaken in the parent's primary language or other modes of communication commonly used by the parent unless clearly not feasible.

          This requirement would apply to the distribution of the "Public Notice;

          Forms Required:

          • Public Notice – Spanish Version

          Return to Student Services Records Manual Page

          Homeless Child. A homeless child is:

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1003.21, 1003.22, 1012.01</a> The McKinney-Vento Homeless Assistance Act (42 U.S.C.1143 ). Subtitle B, Education for Homeless Children and Youths, Sec. 721 provides that each child of a homeless individual and each homeless youth have equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.

          Procedure:

          A homeless child or youth has the right, according to the child or youth's best interest, to continue his/her education in the "school of origin" or to enroll in the public school serving the area in which the student is currently living. "School of origin" means the school which the child or youth attended when permanently housed or the school in which the child or youth was last enrolled.

          Homeless children and youth (see definition) are granted a 30-day waiver for providing evidence of date of birth, school-entry health examination and proof of immunization.

          Children and youth enrolled under this provision should be referred to the Education of Homeless Children & Youth (EHCY) social worker for services. The EHCY social worker will assist as needed with obtaining the required medical documents, completing the free and reduced lunch program application and referral to other appropriate services.

          Return to Student Services Records Manual Page

          Immigrant Status: Equal Protection from Disclosure of

          Legal Authorization:

          Procedure:

          No records shall contain information regarding the " immigration status" of students or their families. Contact the Curriculum and Instructional Services Supervisor responsible for Foreign and Immigrant Students for consultation.

          Juvenile Justice

          Access to Student Records When Prior Written Consent for Disclosure is Not Required

          [[1]]>

          Disclosure to Law Enforcement Authorities in the Official Discharge of their Duties

          Legal Authorization:

          Procedure:

          For elementary or secondary school students, FERPA restricts the release of their school records or information from their records that could identify the student ("personally identifiable information"). Before releasing such records or information to a party outside the school system, the school must obtain the consent of the student's parents unless the student is 18 or over, in which case only the student can consent to the release, or unless the release falls under one of the following exceptions to the consent requirement:

          Directory Information: A school can disclose without prior parental consent "directory information" from the education records to a law enforcement official in the official discharge of his/her duties. "Directory information" is information in a student's education records that is not generally considered harmful, and its release is not considered an invasion of the student's privacy. A critical distinction exists between directory information and all other information present in school files. "Directory Information" categories include:

          • student's name
          • student's address
          • student's telephone listing (if available/listed)
          • student's date and place of birth
          • student's dates of attendance at an educational institution
          • name of most recent, previous education institution attended by the student
          • student's major field of study
          • student's grade level
          • diploma, degrees and awards received by the student
          • student's participation in officially recognized activities and sports
          • weight and height of members of athletic teams
          • student's photograph(s)

          Health and Safety Emergency: The health or safety emergency provision is an acknowledgment that there may be situations when the immediate need for information to avert or diffuse certain unusual conditions or disruptions requires the release of information. Educators determine what constitutes an "emergency," but FERPA requires that it be construed strictly. For example, on-campus disruptions that constitute criminal acts, particularly those involving weapons and drugs, fall within the scope of the term, as do crisis situations off campus that affect school campuses or the public health or safety. When a health or safety emergency exists, schools may share relevant information about students involved in the emergency with the appropriate parties, that is, those whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.

          Subpoenas; Judicial Orders: Student record information may be released to law enforcement to comply with a judicial order or law fully issued subpoena. In some cases of a Federal Grand Jury subpoena or a subpoena for law enforcement purposes the court has ordered the school not to disclose the existence of the subpoena to the parent or guardian.

          School Resource Officers; "Law Enforcement Unit" Records: Under FERPA, schools may disclose information from "law enforcement unit records" to anyone -Federal, State, or local law enforcement authorities, social service agencies, or even the media -without the consent of the parent or eligible student. FERPA specifically exempts from the definition of "education records" - and thereby from the restrictions of FERPA - records that a " law enforcement unit" of a school (such as the School Resource Officer (SRO) Program) creates and maintains for a law enforcement purpose. Law enforcement unit records should not be confused with the records of a school's disciplinary actions or proceedings, which are education records.

          Juvenile Justice Exceptions: Student record information may be released to law enforcement or Juvenile Justice officials in compliance with F.S. 1002.22.

          In addition to the listed exceptions, nothing prevents a school official from disclosing to law enforcement authorities information that is based on that official's personal knowledge or observation and not based upon an education record. Understanding the importance to the community of cooperation among schools, law enforcement and other agencies, schools are encouraged to cooperate to the extent possible within the listed guidelines.

          Student record information may be released to law enforcement or Juvenile Justice officials in compliance with Florida Statute 1002.22. This statute allows for interagency cooperation, collaboration and information sharing for the purpose of reducing juvenile crime, improving school safety, reducing truancy and suspensions, and supporting effective alternative programs. Information provided under this exception should be used only for official purpose in determining appropriate programs and services and coordinating the delivery of such programs. See Procedures #25 and 26.

          NOTE: Questions related to access and release of records of Law Enforcement, School Resource Officer (SRO) and Juvenile Justice Programs should be directed to the district's Director of Student Services.

          Microfilming

          Disposal of Category A and Category B Student Records by Date of Birth

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1002.22</a> The purpose of this section is to protect the rights of students and their parents with respect to records/reports as created, maintained, and used by public educational institutions in Florida. The intent is to establish rights of access, challenge, and privacy with respect to educational records/reports for students and parents.
          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Chapter 257.36 </a> establishes the State’s Records Management and Archives Program under the direction of the Division of Library and Information Services, Department of State; it specifically provides for a system for the scheduling and disposal of public records. The Chapter also authorizes the Division to establish and coordinate standards, procedures, and techniques for efficient and economical record making and keeping.
          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 1B-24</a> This rule establishes certain standards and procedures for the scheduling and dispositioning of public records. These standards are intended to promote economical and efficient management of records and to ensure that record of archival value under an agency’s control are so designated in order to protect the heritage of Florida’s culture that exists in its records.

          Procedure:

          • Category A and Category B Permanent Student Records that have reached their REQUIRED RETENTION PERIOD of five (5) years after the actual or intended date of graduation will be prepared for microfilming and disposal on an annual basis.
          • During the summer, prior to the beginning of the new school year, the Category A and Category B information contained in the permanent cumulative records of all students who were born in a specific year (DOB/Date of Birth _____ ) will be sorted in order for them to be microfilmed by the District Office. All of the following groups should be considered in reviewing records for this date of birth year students: graduates, withdrawals/transfers, dropout/no-shows, and deceased students.
          • All Category A information will be separated from Category B information for each permanent cumulative record with a _____ DOB/ date of birth.
          • All Category A information shall be maintained on or in the permanent cumulative record folder and transferred to the District Office. Category A information includes: student's full legal name; authenticated birth date, place of birth, race, sex; address of student/parent; parent or guardian’s full name; name, location and date of school(s) attended; number of days present/absent; date of enrollment and dates of withdrawal; courses/subjects taken and record of achievement (grades, unit credits, or certification of program completion) for all grades; date of graduation or program completion (including statement of a standard or special diploma issuance); requirements for graduation certification (including verification of HSCT, FCAT results), grade point average/GPA.

          NOTE: The Pasco County School District will microfilm immunization records if included with Category A records in the cumulative folder.

          • All Category A information must be posted to the permanent cumulative record folder or to an equivalent form developed by the school containing data secured from the automated student system information. Please do not forward any records to the District Office that have not been fully and properly posted with all required Category A information. All Category A information will be prepared for microfilming in a standard format and will be permanently maintained by the school district.
          • All Category B information shall be removed from the cumulative record folder and placed in boxes by student’s last name in alphabetical order. Category B information includes: health information, immunization records; family background data; standardized test scores (it is not necessary to remove test score labels already posted to the cumulative folder, nor should HSCT or FCAT results be removed); teacher/counselor records/comments; personal notes from student/parents; disciplinary/suspension notices; expulsion records; Exceptional Student Education records (ESE); correspondence from external professional agencies; access log records; driver education certificates; records of correctional/expunctions to amend records; work experience/employer records; divorce/custody documents; court orders. This list is not all-inclusive; if, however, the information is not classified as Category A, it is safe to assume it is Category B. Category B information will not be microfilmed.

          Category A

          Boxing Records: All Category A information which has been maintained on or in the permanent cumulative folder shall be placed in boxes, in alphabetical order, by student’s last name.

          Labels for Category A Permanent Student Records are hot pink. Place a label on each of the four sides of the box(es).

          Shipping Records: Once Category A records have been properly boxed and labeled they should be sealed and sent to the Student Services Department C/O Micrographics Department, District Office.

          Category B

          Boxing Records: All Category B information which has been pulled from the cumulative folder shall be placed in loose form, in alphabetical order, by student's last name.

          Labels for Category B Temporary Student Records are orange. Place a label on each of the four sides of the box(es).

          Shipping Records: Once records have been properly boxed and labeled, Category B records should be sealed and sent to the Warehouse Storage Area for Student Services.

          Return to Student Services Records Manual Page

          Adult Education Student Records

          Legal Authorization:

          Procedure:

          Initiating and Maintaining Adult Education Student Records.

          Permanent cumulative education records will be initiated and/or records will be requested from the previous school(s) attended for the following categories of adult education students:

          High school completion students earning credits for a Pasco County Adult High School Diploma;

          GED preparation students attending review classes in preparation for the State of Florida High School Diploma; the individual school database, required demographic folder, and state GED registration form are the only documents required for students not enrolled in review classes who test at a Pasco County GED test site. Upon the awarding of the GED diploma, an official permanent cumulative education record should be established.

          Career and Technical education students enrolled in licensure programs, e.g., cosmetology, patient care assistant, and child care apprenticeship;

          ABE students planning ultimately to achieve a high school diploma;

          Early entry students referred by the District School Board;

          AND

          ESE students staffed into adult handicapped programs.

          Permanent cumulative education records need not be requested for adult education students who are:

          • Enrolled in classes (credit or noncredit) for the purpose of personal satisfaction/ improvement;

          AND/OR

          • Enrolled in career and technical education programs not leading to licensure or certification; the student's completed adult education registration form and the school's adult education database are the only required records maintained for these students.

          Microfilming and Destruction of Adult Education Student Records When students graduate from adult education, GED, credit completion, child care apprenticeship, cosmetology, and ESE, the records are maintained at the Moore Mickens or Marchman Centers for five years, after which the Category A records are forwarded directly to Micrographics Services for microfilming. Category B information is sent directly to the District Warehouse for disposal.

          All other adult education records will be maintained, retained, and disposed according the school district’s procedures for retention and disposal of records as described in this section.

          NOTE: See Disposal Authority for Records - Retention Schedule.

          Return to Student Services Records Manual Page

          Preparation by Schools

          The following guidelines should be followed by school based staff in sorting and preparing student records by a specific date of birth/DOB, for district microfilming:

          • Remove Category B and unnecessary documents (duplicate Category A or junk from Cumulative folders and place in your Category B box(es) in alpha order.
          • Keep all Category A records and Immunization Records in the Cumulative folder.
          • Always KEEP IN MIND: the cumulative folder you send us for microfilming should tell a "complete story" of a student's progress from grades K-12.
          • Reduce staples and paper clips to only what is absolutely necessary to keep files in order.
          • Mend documents that are badly torn with matte finish scotch tape.
          • Use a black ink pen to write over light information on your documents. If you can barely read it on paper it will be even worse on film.
          • Try to post all Category A information on the front of the permanent cumulative folder. If there is too much information to fit in this space use the inside of the folder and write "OVER" on the lower edge of the folder. You may reduce but if it is too small to read on paper you will not read it on microfilm. All Category A information must be on or in the folder-- this would include any TERMS generated Category A information.
          • If possible, do not use or send information on any dark colored paper, goldenrod, blue or pink paper as they produce a very light image.
          • Anytime you use a highlighter on your documents it shows up on microfilm as a dark line through your information. It can make it difficult to read. Please do not use highlighter on the permanent cumulative folders.
          • Advance planning and proper handling of student record files will result in more efficient and better quality microfilm. Keep future microfilming in mind when creating your school's student files.

          Forms Required:

          Return to Student Services Records Manual Page

          Name, Student

          Name Changes on Education Records; Adoption and Legal

          Legal Authorization:

          Procedure:

          Florida Statute, Chapter 63.172(b)(c) states that a legal judgment of adoption "...terminates all legal relationships between the adopted person and (his/her) relatives, including the birth parents...for all purposes...." It further states that it "...creates the relationship between the adopted person and the petitioner and all relatives of the petitioner that would have existed if the adopted person were a blood descendant of the petitioner born within wedlock. This relationship shall be created for all purposes, including...statutes, document... whether executed before or after the adoption judgment...."

          Therefore, a school must comply with a request from an adoptive parent--with proper legal adoption judgment documents--to amend and insert the adoptive family's name into all education records, written and electronic. If requested, all references to the former legal name of the child will be deleted from all records.

          If the adoptive parent requests that full documents/records be permanently purged from the education record, the principal should follow the policy in Section IX, "Right to Challenge the Content of Student Records and Hearing Procedures."

          It is the district's intention to comply with all adoptive family requests to amend, correct, delete, and/or purge information and documents from an education record in order to reflect the child's adoptive family name and legal adoption status.

          NOTE: See Procedure for <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual_Procedures/#Date_of_Birth.3A_Obtaining_EvidenceVerification_of">Obtaining Evidence/Verification of Date of Birth.</a>

          Return to Student Services Records Manual Page

          Recording of Student’s Legal Name and Any Alias Names(s) (AKA) and Home Language of the Student and Parent on Student Records

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 1002.22</a> Student records (automated and non-automated) shall use the student’s legal name as it appears on the birth certificate or other authorized document as described in Florida Statute, EVIDENCE OF DATE OF BIRTH REQUIRED.

          Procedure:

          The student’s legal last name must be recorded on permanent education records and may be changed ONLY when OFFICIAL EVIDENCE of a legal name change is presented to the principal or designee (e.g., a newly issued BIRTH CERTIFICATE (re: adoption) or a COURT DOCUMENT recording a LEGAL NAME CHANGE). If requested, reference to the previous legal name(s) may be deleted/expunged from the student records under these circumstances.

          An Alias (AKA) may be used at the written request of the parent, legal guardian, or adult/eligible student. The Alias/AKA should be recorded on the Permanent Record Card and in the Automated Student System on the S313 Student Demographics screen (see attachment). It should be noted, however, that the automated system will only recognize and print documents showing the last legal name of the student.

          Student LEP status, date of Home Language Survey, Country of Origin and Home Language of the student and parent must be recorded on the S313 Student Demographics screen in the Automated Student Information System; TERMS.

          Forms Required:

          Return to Student Services Records Manual Page

          Nonpublic/Private School Student Records

          Legal Authorization:

          "Defunct nonpublic school" means any nonpublic school which has terminated the operation of an education or training program, or which has no students in attendance, or which has dissolved as a business entity.

          The provisions of this section also apply to pupil or student records which any nonpublic educational institution that is no longer operating has deposited with the district school superintendent in the county where the nonpublic educational institution was located or with the clerk of the circuit court of that county; with the department of Education; with the Division of Library and Information Services, records and information management program, of the Department of State; or with any other public agency.

          Procedure:

          The District School Board of Pasco County will send a letter to each private school in Pasco County notifying them of the requirements of Florida Statute1002.22. This letter will outline the procedure for the disposition of student records in the event the private school is no longer in operation.

          • The private school will gather all records and reports for students residing in Pasco County. "Records and reports" mean any and all official records, files, and data directly related to pupils and students which are created, maintained and used by the private school, including all material that is incorporated into each pupil's or student's cumulative record folder and intended for school use or to be available to parties outside the school or school system for legitimate educational or research purposes. Materials which shall be considered as part of a pupil's or student's record include, but are not necessarily limited to; identifying data, including a student's social security number; academic work completed; level of achievement records, including grades and standardized achievement test scores; attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; verified reports of serious or recurrent behavior patterns; and any other evidence, knowledge, or information recorded in any medium including, but not limited to, handwriting, typewriting, print, magnetic tapes, film, microfilm, and microfiche, and maintained and used by an educational agency or institution.
          • The above records should be sent to the District School Board of Pasco County's Student Services Department with a letter stating that the school is no longer in operation, the date the school closed, a list of student records being sent and a contact person. Records should be boxed in alphabetical order. The boxes should be clearly labeled with the name of the private school and date.
          • Records will be held at the District School Board of Pasco County until a request for records is received and/or the records meet retention, microfilming or disposal guidelines.

          Return to Student Services Records Manual Page

          Order of Documents Recommended for Maintainence in the Permanent Cumulative Student Record Folder

          Legal Authorization:

          Procedure:

          • To ensure accuracy, completeness, and consistency, it is recommended that the permanent cumulative student record be maintained in a specific order from its initiation in elementary school through high school.
          • Please refer to the document that follows, "Recommended Order of Documents maintained in the Permanent Cumulative Student Record Folder."
          • When feasible/possible, Automated Student Information Systems/TERMS-generated documents may replace manually developed documents.

          RECOMMENDED ORDER OF DOCUMENTS MAINTAINED IN THE PERMANENT CUMULATIVE STUDENT RECORD FOLDER

          * Permanent Records cards (Grades Pre-K-5; Grades 6-8, Grades 9-12) with grades or grade labels posted
          • Legal/Court papers (custody, divorce, restraining orders, etc.)
          • Student Record Access Log (MIS 405 or school version of form)
          • Home Language Survey/ESOL (MIS 580)
          • LEP Assessment and Eligibility Determination for "Yes" HLS
          • Student Registration Form (MIS148) or TERMS student Demographic Update Form Current and unduplicated copies), Student withdrawal Form(s) - S Form #303
          • Standard Health Folder (MIS 432) (including Immunization Record, Physical Exam, Birth Certificate, and Social Security Card)
          • Promotion and Retention Documents
          • Report Cards (including summer school and Extended School Year)
          • Senior Graduation Plans
          • Progress Reports
          • Standardized Test Score Stickers Card and Results
          • FCAT Results
          • Florida Writes or FCAT Writing Results
          • Parent Conferences, Discipline Records (records that are for "major" offenses, suspensions, expulsion, violence, serious threat assessments), Miscellaneous Records (such as ESE, Alternative Education, Career and Academic Planner records and CAP Summary Forms, and Out- of-District Records that do not fit into a specific category).
          • AIP Folder (yellow) Includes a copy of the annual parent notification and the signed AIP for students not meeting standards in one or more areas.
          • ESE Folder (Red=Eligible; Blue=Ineligible; Manilla=case in progress/non-ESE Information; Orange=OT & PT eligible.
          • 504 Plan
          • Student Photo Record Card (if not on folder)
          • ESOL/Student LEP Plan File (purple) (Note: Returned to cum folder at end of each school year OR kept with school's LEP representative.)
          • Student Portfolio: Reading Record/Lexile Results (Enter into cumulative record when a student transfers to another school)

          Return to Student Services Records Manual Page

          "Parent Notification of Emergency Form;" Confidential Destruction of Document(s)

          Legal Authorization:

          Florida statutory language defines the conditions and how information regarding "imminent danger" and/or the threat of suicide by a student should be handled.

          • Pasco School District's "Crisis Intervention Team" Procedures

          Procedure:

          The "Parent Notification of Emergency Form" is found in the district's Crisis Intervention Team (CIT) Packet. It is recommended that the form be completed by school staff and signed by the parent(s) for all "imminent danger" situations.

          The "Parent Notification of Emergency Form" may be placed in the student's cumulative record or in an auxiliary records placement as determined by school officials. The form should be expunged from the cumulative record or auxiliary record when the emergency is no longer of an immediate nature (or the form considered unnecessary); the record should be destroyed as a confidential document.

          Forms Required:

          • Parent Notification of Emergency Form

          Return to Student Services Records Manual Page

          Parental Rights to Test Protocols and Materials; to Challenge and Amend Records

          <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual_Procedures/#Test_Protocols_and_Materials_Parental_Right_to_Challenge_and_Amend_Records">Student Test Protocols and Materials</a>

          Return to Student Services Records Manual Page

          Permanent Record Card; Initiation and Content of; Recording of Category A Information; Required Documents

          Legal Authorization:

          Procedure:

          The following information shall be maintained for each pupil or adult student on Form ESE-386, Grades 9-12 and Adult Permanent Record Card, Category A - Education Records, and Form ESE-392, Grades PK - 5 Permanent Record Card Category A - Education Records and Grades 6-8 Permanent Record Card Category A - Education Records, effective June, 1987:

          • Pupil’s or adult student’s full legal name.
          • Authenticated birth date, place of birth, race and sex.
          • Last known address of the pupil or student.
          • Names of the pupil’s or student’s parent or guardian.
          • Name and location of schools attended; dates of school attendance.
          • Number of days present and absent, date enrolled, date withdrawn; entrance and withdrawal codes.
          • Courses taken and record of achievement, such as grades, units, or certification of competence.
          • Date of graduation or date of program completion; cumulative grade point average (GPA).
          • State and/or district standardized assessment/achievement test results, if test results are required for graduation (e.g., HSCT, FCAT).
          • Written records of access, access logs.
          • Home Language Survey

          Note: These items added by the Pasco County School Board.

          Category A information listed on Form ESE-386, Grades 9-12 and Adult Permanent Record Card Category A - Education Records, shall be maintained only for students who are enrolled in grades 9-12 and students enrolled in adult education programs which lead to a high school diploma.

          Forms Required:

          Return to Student Services Records Manual Page

          "Sole Possession" Records

          Legal Authorization:

          Procedure:

          Florida Statute states that education records do NOT include records that are "...in the sole possession of the maker thereof and are not accessible or revealed to any other person except a substitute for any such persons."

          FERPA states that education records do NOT include "...records, such as personal notes that are kept in the sole possession of the maker of the record, that are used only as a memory aid and not revealed to anyone but a temporary substitute for the maker of the record."

          The main purpose of this exception is to allow school officials to keep personal notes private. For example, a counselor or teacher who observes a student and takes notes has created a sole possession record. Notes taken in the course of counseling are sole possession records.

          Sole Possession records should not be entered into cumulative folders. Such records should be maintained by the maker as private records and memory aids. Sole possession should be destroyed, in a confidential manner, as soon as they are no longer relevant to the maker.

          Purging Schedule for Category B Student Information that is Obsolete, Superseded or Administrative Value Lost (OSA) and Duplicate For Currently Enrolled Students

          Legal Authorization:

          Student Education Records:

          • Category B
          • Item #91

          This record series consists of one of two distinct but related groups of records: Category A is the Permanent Record Card and Category B -Temporary information. Each school board will have established policies that will assure the accuracy of the information maintained and provide for keeping the information current. For a complete and accurate description of the two categories, see <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 6A-1.0955</a>

          Retention:

          • Record (original) copy. Retain 5 years after the date of actual or intended graduation from high school, transfer or withdrawal.
          • Duplicate or OSA copy. Retain until obsolete, superseded or administrative value is lost.

          Procedure:

          • Category B information for currently enrolled students that is duplicate, inaccurate, no longer useful, misleading or in violation of a student’s rights should be corrected and/or purged from the permanent cumulative record. This might include "minor" discipline records, teacher notes, classwork samples that are obsolete or duplicate.
          • Category B information that has relevance to the student’s education should not be removed from records. This would include accurate, non-duplicate health records, and immunization records, test scores, ESE records, "major" discipline, suspension or expulsion records.
          • DO NOT REMOVE any Category B information that is pertinent to the child’s educational progress and/or placement, or any Category B information that has chronological and/or historical significance to the student’s current placement.
          • Records should be purged during the summer. If at all possible, all records should be purged and sent to the District Warehouse before the beginning of the new school year. See sample purging memo attached.
          • OSA/duplicate Category B records may be disposed of immediately; therefore, it is critical schools only send Category B records that meet this very narrow definition.
          • The District Office will follow School Board established retention and disposal procedures for disposition of Category B records.
          • For student records follow the CONFIDENTIAL disposal procedure.

          Return to Student Services Records Manual Page

          Release of Records

          Personally Identifiable Information From Student Records When Prior Written Consent is Required

          Legal Authorization:

          Procedure:

          When prior written consent is required, the principal or district administrator (or designee) must ensure that, at minimum, four (4) district guidelines are followed prior to the release of that information:

          • A “Permission for Release of Records and/or Information From Records” form has been submitted to the school or district department and signed by the parent, or guardian, or adult student authorizing the release of information (see attached samples). In some cases, it may be necessary to request identification to be certain that the individual/agency requesting the access are who they say they are (e.g., picture ID’s, driver’s license, birth certificate, divorce/custody legal agreement/court order).
          • The permanent student record is checked to verify that no court order or privacy order exists to restrict the access of that person, or any persons/agencies, to secure or release information records.
          • The school or district official receiving the request reviews School Board policy on student records to verify that this is a legitimate/allowable access and release of information/ records.
          • If necessary/required, the “Student Records Access Log” is completed on the individual/agency requesting access and filed in the permanent record.

          Note: Eligible parents and adult students are NOT required to sign an access log for their own education records.

          Forms Required:

          Personally Identifiable Information to Physical and Mental Health Providers

          Legal Authorization:

          • FERPA Federal regulatory language defines the conditions under which prior consent is not required to disclose information to a third party, not acting as a "parent" to the student. Only in cases of "health or safety emergency" may information be disclosed to a physical health or mental health providers.

          Procedure:

          Disclosure of educational records to a physical health and/or mental health provider, except under a "health or safety emergency," must have a parent or eligible student (18 or older) provide a signed and dated consent before a school may disclose records. The consent must: (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and (3) Identify the party or class of parties to whom disclosure may be made.

          Retention

          Establishing a Retention Schedule

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Chapter 257</a> establishes the Florida State Archives and Records Management Program under the direction of the Division of Library and Information Services, Department of State; it specifically provides for a system for the scheduling and disposal of public records. The Chapter also authorizes the Division to establish and coordinate standards, procedures, and techniques for efficient and economical record making and keeping. The appointment of an agency Records Management Liaison Officer (RMLO) is also mandated by this chapter.
          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 1B-24</a> Public Records Scheduling and Dispositioning This rule establishes certain standards and procedures for the scheduling and dispositioning of public records. These standards are intended to promote economical and efficient management of records and to ensure that record of archival value under an agency’s control are so designated in order to protect the heritage of Florida’s culture that exists in its records.

          Procedure:

          A school/district official examines the selected list of State approved retention schedules published in the Pasco County Student Record Manual (for a complete listing of the retention schedules GS1 for State and Local Government and GS7 for Public Schools, contact Information Services at the District Office).

          If the document does not fit any categories, the official should request from the Information Services Department at the District Office, the State’s <a href="http://dlis.dos.state.fl.us/barm/forms/Form105REff2-09pg1.pdf">LS5E105R Eff. 2-09, “Records Retention Schedule” form.</a>

          School official completes (instructions for preparing are on back of form) and returns the “Records Retention Schedule” to Information Services for processing.

          Information Services issues schedule number for the records retention and forwards to the Bureau of Archives and Records Management for approval.

          Upon approval from the Bureau, Information Services will forward copies to the originating school and Student Services for inclusion in the Student Records Manual, and file the master copy.

          These new retention schedules will be included in the updated Student Record Manual, Procedures Section.

          Return to Student Services Records Manual Page

          Disposal Authority for Public Records That Have Met Their Required Retention Period; Retention Schedule

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Chapter 119.01</a> Each agency shall establish a program for the disposal of records that do not have sufficient legal, fiscal, administrative, or archival value in accordance with retention schedules established by the records and information management program of the division of Library and Information Services of the Department of State.
          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Chapter 257</a> Establishes the State’s Records Management and Archives Program under the direction of the Division of Library and Information Services, Department of State; it specifically provides for a system for the scheduling and disposal of public records. The Chapter also authorizes the Division to establish and coordinate standards, procedures, and techniques for efficient and economical record making and keeping.
          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 1B-24</a> Public Records Scheduling and Dispositioning This rule establishes certain standards and procedures for the scheduling and dispositioning of public records. These standards are intended to promote economical and efficient management of records and to ensure that record of archival value under an agency’s control are so designated in order to protect the heritage of Florida’s culture that exists in its records.

          Procedure:

          IMPORTANT NOTE: This Section is for Retention, Microfilming, and Disposal Requirements for "Student Records" (All Category A and Category B Information).

          Using the <a href="http://dlis.dos.state.fl.us/barm/genschedules/gs07.pdf">General Records Schedule GS7, Public School Records, June, 1998</a> cost center administrator completes MIS #547 Request To Dispose of Scheduled Records.

          The Information Services Department receives MIS Form #547 from the cost center requesting action and verifies the records and retention periods listed for destruction. Using the MIS Form #547, Information Services completes MIS #549 Records Disposition Document. The Records Disposition Document, MIS Form #549, is returned to the cost center for verification by the administrator and signature. Cost center then returns to Information Services for final approval by the Records Management Liaison Officer (RMLO). Information Services sends a copy of the approved #549 to the cost center. The cost center then performs the action (for microfilming follow procedures) signs and dates #549 and returns to Information Services for documentation.

          Confidential Records:

          • student records are boxed and labeled as confidential records;
          • upon pick-up, Warehouse driver will be given the Records Disposition Document by school administrator;
          • records are transported to District Warehouse awaiting destruction;
          • Warehouse transports records to disposal facility;
          • Section g. of Records Disposition Document, "Disposition Action and Date" is completed by Warehouse personnel;
          • driver signs as witness and dates block 11 on the Records Disposition Document;
          • original Records Disposition Document is returned to Information Services; and is entered in the "Records Destruction/Retention File."

          Records NOT Confidential:

          • may use option for confidential records.
          • school performs in-house destruction as followed:
            • school administrator witness disposal and completes Section g. "Disposition Action and Date."
            • dates and signs as witness in block 11 on Records Disposition Document;
            • original Records Disposition Document is retuned to Information Services; and is entered in the "Record Destruction/Retention File."

          NOTE: Duplicate Category B information/records with the retention value OSA (retain until obsolete, superseded or administrative value is lost) must be disposed of through the District Warehouse, no prior approval is necessary from Information Services. All student records must be clearly marked confidential and disposed of through the District Warehouse using the District Interdepartmental MIS Form #129. Material must be boxed and the green labels "Summer Purging of Category B -OSA/Duplicate Records for Currently Enrolled Students FOR CONFIDENTIAL DISPOSAL" placed one on each side and the top of each box.

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          Security and Protection of Education Records

          Legal Authorization:

          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#State_Board_of_Education_Rules_and_Administrative_Codes">State Board of Education, Rule 6A-1.0955</a>: Education Records of Pupils and Adult Students, Section (8)(a)(b) security of education records of pupils and adult students. Section (8) Security of education records of pupils and adult students states: "The school principal or designee shall be responsible for the privacy and security of all pupil or adult student records maintained in the school." "The superintendent of schools or designee shall be responsible for the privacy and security of all pupil or adult records that are not under the supervision of a school principal."
          • <a href="http://www.pasco.k12.fl.us/wiki/SS:Records_Manual/#Florida_Statutes">Florida Statutes, Section 119.031</a>, Public Records; Keeping records safe requires that "...insofar as practicable, custodians of vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or rooms...." The district procedure is that student records will, whenever possible, be housed in "fire-protected" rooms that are equipped with a sprinkler system.

          Procedure:

          Education records shall be housed in a secure room(s) with a lockable door at schools and the district office. The principals and district directors shall designate staff who are responsible for maintaining records security.

          Access shall be given to "school officials" with a "legitimate educational interest."

          Parents or adult students shall be given access with school staff present to interpret records.

          All other access requests shall follow student records policies/procedures and an: MIS #405 Student Record Access Log shall be used to record access.

          The principal and director or their designees will establish "check in" and "check out" procedures for all education records under their authority

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          Threat Assessment Documents; Confidential Destruction of Documents

          Legal Authorization:

          Procedure:

          A threat that is determined to be of moderate to high risk will result in a referral to the school psychologist and/or other student services personnel.

          A threat assessment report will be completed and maintained in the student's cumulative folder.

          The threat assessment report can be purged by the school principal. Parents may petition, in writing, for the principal to remove the report. Reports may be purged and destroyed, in a confidential manner, if they are no longer relevant or required by the school

          Transfer of Records

          Automated Student Records (The FASTER System)

          Legal Authorization:

          • The Florida Automated System for Transferring Educational Records (the “FASTER” System) provides school districts, community colleges, and universities with the means to exchange transcripts and other student records electronically. It is an electronic mail system in which the “messages” are the requests for transcripts and the responses to these requests. Both requests and responses must follow predefined record formats and edit specifications.
          • Requests and responses from institutions are the inputs and the outputs of the FASTER System’s programs. The programs, and the data base “mail boxes” they serve, are housed at Northwest Regional Data Center (NWRDC) in Tallahassee. The Florida Information Resource Network (FIRN) provides the communications network over which request and response messages travel.
          • As of 1995, the FASTER System can be used to transfer three kinds of student records:
          • Interdistrict Records (and Florida Academic Scholars Program Records)
          • Secondary Transcripts
          • Postsecondary Transcripts
          • Interdistrict records consist of a public school student’s permanent record and selected Category B information. As the name implies, these student records are transferred between school districts. This format is also used to transmit Florida Academic Scholars Program records from school districts to the Division of Public Schools.
          • The Secondary Transcript is the set of records that accompany a high school student’s application for admission to a Florida postsecondary institution. These records are transmitted when a student specifically requests his or her high school to send the records to a postsecondary institution. The student may also authorize a postsecondary institution to request the transcript from the student’s high school on the student’s behalf. In this case, the postsecondary institution issues a request to the student’s high school, which responds by shipping the student’s Secondary Transcript to the post secondary institution.

          Procedure:

          The principal’s designee shall sign on the automated student system at the prescribed intervals in order to:

          Request the transfer of records of students who are entering Pasco County public schools from other institutions;

          AND

          Respond to requests for the transfer of records of students who are leaving Pasco County public schools to enroll in other institutions.

          The prescribed interval to sign on to the automated system for the purposes of this records exchange is daily during the workday of the school.

          The Department of Information Services staff is responsible for training school staff on the actual procedures of signing on to the automated student system.

          The school principal is responsible for designating the person(s) to sign on to the automated system.

          The school principal or designee is responsible for ensuring that the automated records, prior to being sent, are up-to-date.

          Staff from instructional departments including Student Services, Curriculum and Instruction, Career and Technical Education, and ESE are responsible for working with the school principal or designees in ensuring that student records follow district and state-prescribed procedures for courses of study and credits.

          The Department of Information Services staff is responsible for working with the instructional departments in training their designated staff members on the automated system.

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          Procedures for the Transfer of Education Records, In District, Out of District; Bulk Transfer of Feeder School Student Records

          Legal Authorization:

          Procedure:

          Based on the State Board of Education Rule, the following procedures will be followed for the transfer of education records in and out of district:

          • Upon request of officials of educational institutions for the transfer of records, school officials shall make a reasonable attempt to notify the parent/adult student of the transfer request.
          • The education records will be forwarded upon the request of the school in which the student seeks or intends to enroll. It is not necessary to secure transfer permission from the parent/adult student since their intent to enroll is considered evidence of their need to have the records transferred.
          • Upon the request of the parent, guardian, adult student, or receiving school, the principal or designee shall transfer the original cumulative folder and its Category A and B contents or a copy of the cumulative folder and all Category A and Category B information.
          • A copy of Category A information and auditable Category B information (ESE, ESOL, Alternative Education, Pre K, FTE) shall be maintained for AUDIT purposes by the sending school IF the transfer is to an out-of-district school or a Pasco private or charter school. If the transfer is to a Pasco public school, copies do not need to be made or maintained. In the event of an AUDIT, the student's records will be requested from the receiving Pasco School. NOTE: This is a new procedure and it was reviewed and approved by Student Services, ESE, and Finance Departments prior to inclusion to ensure that AUDIT compliance was secure.
          • The Pasco student withdrawal form, <a href="http://www.pasco.k12.fl.us/library/graphics/forms/s_303.pdf">(S 303 Withdrawal Form to be Presented to New School)</a> should be utilized for all students withdrawing from Pasco schools.
          • The transfer of records shall NOT be delayed for nonpayment of a fee or fine assessed by school.

          Bulk Transfer of Feeder School Student Records within Pasco County:

          • The bulk transfer of feeder school student records (i.e., elementary to middle, middle to high school) must occur in a timely, safe, and secure manner that is agreed upon by the principal(s), or their designees for the feeder schools involved.
          • Timelines and procedures for the bulk transfer of student records should be discussed and agreed upon as part of feeder schools' ARTICULATION process. It is recommended that these agreements be in writing and cover the following points:
            • What Duplicate or OSA Category B information will be purged from the folders by the sending school prior to transfer?
            • Do any separate files (discipline, suspension, expulsion, reading/Lexile records/portfolios, health, etc.) need to be placed in the folders prior to transfer by the sending school?
            • What discipline records (other than those for "major" offenses, suspensions, and expulsions which must be transferred) does the receiving school want?
            • On what date(s) or time frame will the records be transferred? This, of course, must be done in a timely manner and prior to the beginning of the new school year.
            • How will records be boxed to ensure their safety and security?
            • Who will transfer the records and how? Who will receive the records and verify receipt?
            • Will a complete list of all student records to be transferred be complied and shared with feeder schools?
            • How will Exceptional Student Education students (placed or in process) be identified and records shared? Should any other special groups be identified/shared, e.g. students with major health concerns, significantly at-risk students, etc.
            • With whom should these records/lists be shared (ESE Chairperson, Nurse, Reading Specialist, Administrator)? How will schools ensure the "confidentiality" of this information?
          • Feeder schools should develop written bulk transfer of records agreements to address these and any other relevant transfer information/needs by the spring of each school year. Agreements should be shared with all staff--regular school year and summer--who will be involved in the record preparation and/or transfer process.

          Forms Required:

          • Student Withdrawal Checklist – TERMS Report SP060

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          Responding to Phone Call Requests for Information From or For the Transfer of Student Records

          Legal Authorization:

          The transfer of records shall be made immediately upon written request of an adult student, a parent or guardian of a pupil or a receiving school.

          Procedure:

          In most instances, the release of student records and/or information contained in those records will be made only upon the receipt of a written request from an appropriate person, school, or agency. A phone request will be honored only if it is coming directly from an in-district school or a government agency that has a statutory right to access records and the school (or department) receiving the phone request can, if necessary, make a return phone call to that school or agency to verify the authenticity of the request.

          As a general rule, school-based and district staff should take a conservative approach in releasing student records via phone request. This should be done only when the requesting parties/agencies are known by the school or the school can easily verify their authenticity.

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