For the purposes of this policy, the following definitions shall be used:
. The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others.
For purposes of this policy, "disciplinary information" means confidential student records maintained by the District on an individual student which indicate the student has committed an act which constitutes a violation of the District's Code of Student Conduct and/or there is reasonable cause to believe the student could pose a threat to the health and safety of other students and school personnel based upon prior misbehavior.
It is appropriate for staff members to request disciplinary information from the principal or designee on students in their classrooms if there is concern that the student poses a threat to the safety of other students or District employees.
Any teacher or staff member to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person, unless such communication is in accordance with one of the exceptions designated in this policy.
XIII. Disclosure to Military Recruiting Officers
Names, addresses and home telephone numbers, as well as directory information, of secondary school students will be released to military recruiting officers within 90 days of the request unless a parent or eligible student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the District in furnishing this information will be paid by the requesting service.
XIV. Disclosure to Medicaid
In all cases in which a student is enrolled in the Colorado Medicaid program, the District shall release directory information consisting of the student's name, date of birth and gender to Health Care Policy and Financing (Colorado's Medicaid agency) to verify Medicaid eligibility of students. The District shall obtain written consent annually from a parent before the release of any non-directory information required for billing.
XV. Disclosure to Criminal Justice Agencies
The Superintendent or designee is authorized by law to share disciplinary and attendance information with a criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the school district when necessary to effectively serve the student prior to trial. Such information shall only be shared upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the student's parent.
XVI. Disclosure to the Colorado Commission of Higher Education (CCHE)
On or before December 31 of each school year, the District shall disclose to the CCHE the names and mailing addresses of those students enrolled in the eighth grade for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required by state law.
XVII. Disclosure to Other Parties
Except as noted in this policy, student records will not be released to other individuals and parties without a written request and authorization of the parent or eligible student.
Disclosure of Directory Information
The District may disclose directory information without written consent of the parent or eligible student. "Directory information" means information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of information--provided such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than the end of the second full week of school. Directory information which may be released may include: the student's name, major field of study, grade level, assigned class, class lists, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of enrollment, degrees and awards received, the most recent and previous education agency or institution attended by the student, the annual yearbook, a playbill showing a student's role in a drama production, the student's name in a graduation program, and other similar information. Student telephone numbers and addresses, including email addresses of current students, will not be disclosed pursuant to Colorado law.
XIX. Waivers
A parent or eligible student may waive any or all of his rights protected by this policy. Waiver shall not be valid unless in writing and signed by the parent or eligible student. The District does not require a waiver but may request a waiver. Any waiver under this provision may be revoked at any time in writing.
XX. Governing Law
The District shall comply with the Family Educational Rights and Privacy Act and its regulations, as well as state law governing the confidentiality of student education records. The District shall be entitled to take all actions and exercise all options available under the law.
In the event this policy does not address a provision in applicable state or federal law, or is inconsistent with or in conflict with applicable state or federal law, the provisions of the applicable state or federal law shall control.
Last Revised: December 10, 2007
Current Revision: September 12, 2022
Adoption Date: December 01, 2007
Last Revised: September 12, 2022
- Student. A person who attends or has attended Cherry Creek School District No. 5.
- Eligible student. A student or former student who has reached age 18 or is attending a post-secondary school.
- Parent. Either the natural parents unless their rights have been removed by a court order, guardian, or individual acting as parent or guardian in the absence of the student's parent or guardian of any student under age 18.
- Education records. Student education records are those records in all media and formats including handwritten, print, photographic, and electronic or other medium, which are maintained by the District and which directly related to a student, which may contain but shall not necessarily be limited to the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude and psychological tests; interest inventory results; health, mental health and other medical information; family background information; teacher or counselor ratings and observations, any individual education program (IEP), reports of serious or recurrent behavior patterns, and disciplinary information involving a student.
- The following shall not be considered as education records:
- A personal record kept by a school staff member which was made as a personal memory aid, is in the personal possession of the individual who made it, and which contains information that never has been revealed or made available to any other person except the maker's temporary substitute.
- An employment record which is used only in relation to a student's employment by the District. Employment for this purpose shall not include activities for which a student receives a grade or credit in a course.
- Personal identifier. Any data or information which makes the subject of a record known including the student's name, parent or other family member's name, address, social security number, student number, list of personal characteristics, email address, or any other information which would make the student's identity known.
- The right of parents and eligible students to inspect and review the student's education records.
- The intent of the District as stated below to limit disclosure of information contained in a student's education record except by prior written consent of the parent or eligible student, as directory information or under certain limited circumstances as permitted by federal law.
- The right of a parent or eligible student to seek to correct parts of the student's education record which he believes to be inaccurate, misleading or in violation of student rights. This right includes the right to a hearing to present evidence that the record should be changed if the District decides not to alter it according to the parent or eligible student's request.
- The right of any person to file a complaint regarding violations of rights accorded parents and eligible students pursuant to the Family Rights and Privacy Act with the local Office for Civil Rights of the U.S. Department of Education.
- The procedure that a parent or eligible student may follow to obtain copies of this policy and the locations where copies may be obtained.
- When the refusal to provide copies effectively denies access to the records by a parent or eligible student.
- At the request of the parent or eligible student when the District has provided the records to third parties, by prior consent of the parent or eligible student.
- At the request of the parent or eligible student when the District has forwarded records to another school where the student seeks or intends to enroll.
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- The hearing will be held within 15 school days after receipt of the hearing request, unless otherwise agreed between the parties. Notice of the date, place time, and length of the hearing will be provided to the parent or eligible student by mail and/or email.
- The hearing will be conducted by a principal or a district level administrator, as designated by the Superintendent. The administrator conducting the hearing shall not be the principal who made the initial decision, nor another administrator from that principal's building. The hearing shall be recorded.
- Parents or eligible students shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney.
- The designated administrator shall make a decision in writing within 10 school days following the conclusion of the hearing and shall notify the parent or eligible student of that decision by mail or email.
- The decision of the administrator shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reason for the decision.
- The decision shall include a statement informing the parents or eligible student of their right to place in the student records a statement commenting upon the information in the records and/or setting forth any reason for disagreement. Any explanation placed in the records shall be maintained by the District. If the student record is disclosed by the school to any other party, the explanation shall also be disclosed to that party.
- Other school officials working within the school system who have legitimate educational interest in the information for use in furthering a student's academic achievement or maintaining a safe and orderly learning environment. This disclosure may include the disclosure of disciplinary information regarding conduct that posed a significant risk to the safety or well being of the student or others. For purposes of this policy, a "school official" is a person employed by the District as an administrator, supervisor, teacher or support staff member; a person or company with whom the district has contracted to perform specialized tasks (such as attorneys, auditors, consultants and health care providers); or a volunteer serving on an official committee or assisting another school official in performing tasks. School officials for purposes of this policy include, but are not limited to:
- A member of the Board of Education
- A person certified by the state and appointed by the Board to an administrative, supervisory, or instructional position
- A person certified by the state and employed by the Board as a temporary substitute for administrative, supervisory or instructional personnel
- A person employed by the Board to perform a special task such as secretary, administrative assistant, attorney, auditor, bus driver, athletic trainer, medical consultant, therapist, and online service providers used to deliver educational services.
- Teachers and other staff working in the school at which the student is enrolled who have a specific and legitimate educational interest in the information for use in furthering a student's academic achievement or maintaining a safe and orderly learning environment.
A 'legitimate educational interest' shall be defined as a school official's need to know when:
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- It is necessary to perform appropriate tasks that are specified in the school official's position description or by a contract agreement;
- The information will be used within the context of official District business and not for purposes extraneous to the school official's area of responsibility;
- The information is relevant to the accomplishment of some task or to a determination about the student; and
- The use of the information is consistent with the purposes for which the data are maintained.
- Officials of another school or school system or post-secondary institution in which the student seeks or intends to enroll. In this case, disciplinary information may be included. Parents and eligible students shall have the right upon request to obtain copies or records transferred under this provision.
- Authorities named in the Family Educational Rights and Privacy Act ("FERPA") and accompanying federal regulations. These include: Comptroller General of the United States, Secretary of the U.S. Department of Education, state and local educational authorities, and authorities investigating or providing emergency service involving the health and safety of students. In a health or safety emergency, information shall be released only if:
- Warranted by the seriousness of the threat to the health or safety of the student or other persons
- It is necessary and needed to meet the emergency
- Persons to whom the information is to be disclosed are qualified and in a position to deal with the emergency
- Time is an important and limiting factor in dealing with the emergency
- A criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the District when necessary to effectively serve the student prior to trial. Such information shall only include disciplinary and attendance information and shall only be shared upon certification by the criminal justice agency that the information will not be disclosed to any other party except as specifically authorized or required by law, without the prior written consent of the student's parent.
- In connection with a student's application for or receipt of financial aid.
- Accrediting institutions to carry out their accrediting functions.
- Testing and research organizations with which the District has entered into a written agreement or contract as long as confidentiality is maintained and such organizations are required to destroy records after they no longer are needed.
- Anyone if required by a court order or subpoena. The school shall make a reasonable effort to inform the parent or eligible student prior to complying with the subpoena or court order. The District will not provide such notice if the subpoena is issued by a federal grand jury or any other law enforcement purpose where the court has ordered non-disclosure of the existence or contents of the subpoena or information furnished.
- Representatives of the United States armed forces for recruitment purposes only. Names, addresses and home telephone numbers of secondary school students will be released to military recruiting officers within 90 days of the request unless a parent or eligible student submits a written request that such information not be released.
- Parents of students over 18 years of age who continue to claim the student as a dependent for federal income tax purposes.
- An agency caseworker or other representative of a state or local child welfare agency or tribal organization who has the right to access the student's case plan because such agency or organization is legally responsible, in accordance with applicable state or tribal law, for the care and protection of the student.
- The specific records to be released;
- The specific reasons for such release;
- The specific identity of any person, agency or organization requesting such information and the intended uses of the information;
- The method or manner by which the records will be released;
- The right to review or receive a copy of the records to be released.
| Cross References: | JK – Student Discipline |
| JLCA – Student Health Services and Requirements | |
| JRCA – Sharing of Student Records/Information Between School District and State Agencies | |