5125- Policy and Administrative Regulations Regarding Confidentiality and Access of Education Records

I. POLICY 

The Board of Education (“Board”) complies with the state and federal laws and  regulations regarding confidentiality, access to and amendment of education records.  The Board shall implement procedures that protect the privacy of parents and students  while providing proper access to records. Availability of these procedures shall be  made known annually to parents of students currently in attendance and eligible students  currently in attendance. 

II. DEFINITIONS 

A. Access is defined as the right to inspect or review a student’s education  records or any part thereof. Access may include the right to receive  copies of records under limited circumstances. 

B. Authorized representative means any entity or individual designated by  the Board, a State educational authority, or an agency headed by an  official listed in 34 C.F.R. § 99.31(a)(3), to conduct -- with respect to  Federal- or State-supported education programs -- any audit or evaluation, or any compliance or enforcement activity in connection with  Federal legal requirements that relate to these programs. 

C. Biometric record, as used in the definition of personally identifiable  information, means a record of one or more measurable biological or  behavioral characteristics that can be used for automated recognition of  an individual, such as fingerprints, retina and iris patterns, voiceprints,  DNA sequence; facial characteristics and handwriting. 

D. De-identified education records means education records or information  from education records from which all personally identifiable information  has been removed, and for which the district has made a reasonable  determination that a student’s identity is not personally identifiable,  whether through single or multiple releases, taking into account other  reasonably available information. 

E. Directory Information includes information contained in an education  record of a student that would not generally be considered harmful or an  invasion of privacy if disclosed. Directory information includes, but is  not limited to, the parent’s name, address and/or e-mail address; the  student’s name, address, telephone number, e-mail address, photographic, computer and/or video images, date and place of birth,  major field(s) of study, grade level, enrollment status (full-time; part time), participation in school-sponsored activities or athletics, weight and  height (if the student is a member of an athletic team), dates of  attendance, degrees, honors and awards received, the most recent  previous school(s) attended, and student identification numbers for the  limited purposes of displaying a student identification card. The student  identification number, however, will not be the only identifier used when  obtaining access to education records or data. Directory information  does not include a student’s social security number, student identification  number or other unique personal identifier used by the student for  purposes of accessing or communicating in electronic systems unless the  identifier cannot be used to gain access to education records except when  used in conjunction with one or more factors that authenticate the user’s  identity, such as a PIN or password.

F. Disciplinary action or proceeding means the investigation, adjudication or  imposition of sanctions by an educational agency or institution with  respect to an infraction or violation of internal rules of conduct applicable  to students. 

G. Disclosure means to permit access to or to release, transfer, or other  communication of personally identifiable information as contained in  education records by any means, including oral, written or electronic  means, to any party except the party identified as the party that provided 

or created the record. 

H. Education Records 

1. Education records means any information directly related to a  student that is recorded in any manner (e.g., handwriting, print,  computer media, video or audio tape, film, microfilm, and 

microfiche) and that is maintained by the school system or 

persons acting for the school system. 

2. Education records do not include: 

a) private, personal, or working notes in the sole possession  of the maker thereof, and which are not accessible or 

revealed to any other individual except a “substitute”; 

b) records maintained by a law enforcement unit of the school district that were created by that unit for the 

purpose of law enforcement; 

c) employment records used only in relation to the student’s  employment by the school district that are 1) made and maintained in the normal course of business, 2) relate exclusively to the student’s capacity as an employee, and 3) are not made available for any other purpose;

d) records on an eligible student (i.e. over 18 or attending a  postsecondary educational institution) that are considered “treatment records” as they meet the following criteria: 1) the records are maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity, 2) the records are made in connection with the treatment of the student and 3) the records are disclosed only to individuals providing such treatment (treatment does not include 

remedial educational activities or activities that are part of the program or instruction of the school district); however, the school district must, upon request, permit an eligible student to have a physician or other appropriate professional of the student’s choice review his/her treatment records; 

e) records created or received by the school district after an  individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student; and 

f) grades on peer-graded papers before they are collected and  recorded by a teacher.

I. Eligible Student is a student or former student who has reached 18 years  of age or is attending an institution of post-secondary education or is an  emancipated minor. 

J.  Law Enforcement Unit is an individual, office, department, division, or  other component of an educational agency or institution, that is officially  authorized or designated by that agency or institution to 1) enforce laws  or refer matters of law enforcement to appropriate authorities or 2)  maintain the physical security and safety of the agency or institution. 

K. Legitimate Educational Interest means the need for a school official to  review an education record in order to fulfill his or her professional  responsibilities. 

L. Parent is defined as a parent or parents of a student, including a natural  parent, a guardian, or surrogate parent, or an individual acting as a  parent in the absence of a parent or guardian. The rights of a parent  shall transfer to an eligible student; however, a parent of a student who  claims that student as a dependent under Section 152 of the Internal Revenue Code of 1986 is entitled to access to the student’s education  records without the eligible student’s consent.

M. Personally Identifiable Information includes, but is not limited to, the  student’s name; the name of the student’s parent or other family members; the address of the student or his/her family; a personal identifier, such as the student’s social security number, student number  or biometric record; other indirect identifiers, such as the student’s date  of birth, place of birth, and mother’s maiden name; other information  that, alone or in combination, is linked or linkable to a specific student  that would allow a reasonable person in the school community, who does  not have personal knowledge of the relevant circumstances, to identify  the student with reasonable certainty; or information requested by a  person who the school district reasonably believes knows the identity of  the student to whom the education record relates. 

N. School Official is a person employed by the District as an administrator,  supervisor, instructor or support staff member (including health or  medical staff and law enforcement unit personnel); a person serving on  the Board of Education; a volunteer, contractor or consultant or other  party who performs an institutional service or function for the District  (such as an attorney, auditor, medical consultant, therapist, or school  resource officer); or a parent or student serving on an official committee,  such as a disciplinary or grievance committee; or a parent, student or  other volunteer assisting another school official in performing his or her  tasks. 

O. Signed and Dated Written Consent to disclose personally identifiable  student information from a student’s education records must specify the  records to be disclosed, the purpose of disclosure and the party to whom  such records should be provided. Consent may include a record and  signature in electronic form provided that the consent identifies and  authenticates a particular person as the source of electronic consent. 

III. ANNUAL NOTIFICATION OF RIGHTS / RELEASE OF DIRECTORY  INFORMATION 

A. On an annual basis, the school district will notify parents and/or eligible  students currently in attendance of their rights regarding a student’s  education records. This notice will be published in all student handbooks  in the school district and will also be published in the school district’s  guide to Special Education Procedures and Practices Manual and will be  published in any other manner “reasonably likely” to inform such parents  and eligible students of their rights. The school district will take steps to  ensure that parents or eligible students whose primary or home language  is not English or who are disabled will also be notified of their rights  regarding a student’s education records.

B. On an annual basis, the school district will also notify parents and/or  eligible students currently in attendance of any categories of information  designated as directory information. This notice will provide such  individuals with an opportunity to object to such disclosure. An objection to the disclosure of directory information shall be good for only  one school year. Parents and/or eligible students may not use the right to  opt out of directory information disclosures to prohibit the school district  from requiring students to wear or display a student identification card. 

C. In the annual notification, the school district will also provide notice to  parents and/or eligible students that the district is legally obligated to  provide military recruiters, institutions of higher education, or school  choice programs, upon request, with the names, addresses and telephone  numbers of secondary school students, unless the secondary student or  the parent of the student objects to such disclosure in writing. Such  objection must be in writing and shall be effective for one school year. 

IV. CONFIDENTIALITY OF EDUCATION RECORDS 

A. All school officials are directed to maintain the confidentiality of  personally identifiable information contained in a student’s education  records. Each person who has access to education records is responsible  for ensuring personally identifiable information is protected from disclosure at collection, storage, disclosure, and destruction stages.  Disclosure of information is permitted only in accordance with Board  policy and administrative regulations and in a manner consistent with  state and federal law. 

B. Education records are not public records and any disclosure other than to  persons authorized to receive the records without prior consent of a  parent or an eligible student violates the law and Board policy, except as  provided in federal and state statutes. 

C. The school district shall use reasonable methods, including administrative  policies and procedures, as well as physical and technological access  controls, to ensure that school officials obtain access to only those 

education records in which they have a legitimate educational interest. 

D. The district shall use reasonable methods to identify and authenticate the  identity of parents, students, school officials and other parties to whom  the district discloses personally identifiable information from education  records. 

E. The district shall require contractors and other outside agencies with  access to education records to certify their compliance with the 

confidentiality requirements of this policy, as well as applicable state and  federal law.

V. ACCESS TO EDUCATION RECORDS 

A. Parents and/or an eligible student have the right to inspect and review all  education records of the student unless such rights have been waived  under Article XI, below. Parents’ rights of inspection and review are  restricted to information dealing with their own child. In the case of an  eligible student, the right to inspect and review is restricted to information concerning the student. All requests for access to education  records must be in writing. 

B. When submitting a written request to inspect or review education  records, the request must identify the record or records being sought.  The school district will notify the parent or eligible student of the date,  time, and location where the records may be inspected and reviewed. 

C. The parents or eligible students may designate in writing a representative  to inspect and review the records. Consent for disclosure of education  records to a designated representative must be signed and dated by the  parent or eligible student. 

D. A school professional shall be present at all such inspections and reviews  and shall respond to reasonable requests for explanations and interpretations of the records. 

E. For the records of regular education students, the Board will make  education records available for inspection and review by parents or  eligible students within a reasonable period of time, but in any event, no  more than forty-five (45) calendar days from the receipt of a written  request. 

F. For students requiring special education, the Board will comply with a  request to review and inspect the child’s education records without  unnecessary delay and before any meeting regarding an IEP or any due  process hearing or resolution session held in accordance with the IDEA;  otherwise, the Board will comply with such request not later than ten (10)  school days of such request. 

G. Parents of students eligible to receive special education and related  services (or the eligible student) have the right to receive one free copy   of their child’s (his/her) education records. The request for the free copy  must be in writing and the Board will comply with the written request  within ten (10) school days of the request. Notwithstanding the fact that  a test instrument or portion of a test instrument may meet the criteria of  an “education record” under the Family Educational Rights and Privacy  Act, 20 U.S.C. § 1232g, any test instrument or portion of a test instrument for which the test manufacturer asserts a proprietary or copyright interest in the instrument shall not be copied. The parent or  eligible student retains the right to review and inspect such information  and the Board shall respond to reasonable requests from the parent or  eligible student for explanations and interpretations of the student’s  education record, which may include reviewing copyrighted testing  instruments.

H. Aside from a parent or eligible student, staff members, school employees  and other school officials may access a student’s education records only  if  they have been determined by the school system to have a legitimate  educational interest in accessing the information contained in such  records. Disclosures to any other parties may only be made in  accordance with the exemptions and provisions set forth in Article VII,  below. 

I. Pursuant to the procedures set forth in Article VI, below, the district  maintains a record of all parties that have requested access to education  records, including access to education records found in computer  memory banks. 

J. Non-custodial Parents: 

1. Divorced Parents 

A parent does not lose his or her right to access to education  records upon divorce. Non-custodial parents retain their rights to  review their child’s education records unless the school district  has been provided with evidence that there is a court order, state  statute, or legally binding document relating to such matters as  divorce, separation, or custody that specifically revokes the non custodial parent’s rights. School notices shall be mailed to the  non-custodial parent/guardian requesting the notices at the same  time that they are provided to the custodial parent/guardian. Any  requests by the non-custodial parent/guardian to receive school  notices shall be effective for as long as the child remains in the  school the student is attending at the time of the request. 

2. Incarcerated Parents 

Nothing in this policy shall be construed to limit a parent who is  incarcerated from being entitled to knowledge of and access to all  educational, medical, or similar records maintained in the cumulative record of any minor student of such incarcerated  parent, except that such incarcerated parent shall not be entitled to  such records if:

(a) such information is considered privileged under Conn.  Gen. Stat. § 10-154a, regarding a communication made 

privately and in confidence by a student to a professional employee in the course of the professional employee’s 

employment concerning alcohol or drug abuse or any alcoholic or drug problem of such student; 

(b) such incarcerated parent has been convicted in Connecticut  or any other state of sexual assault in violation of Conn. 

Gen. Stat. §§ 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b, 

or 53a-73a; or 

(c) such incarcerated parent is prohibited from knowledge of  or access to such student’s cumulative record pursuant to a 

court order.

K. Unaccompanied Youth: 

Notwithstanding anything in this policy to the contrary, an unaccompanied youth shall be entitled to knowledge of and have access  to all educational, medical or similar records in the cumulative record of  such unaccompanied youth maintained by the school district. For the  purposes of this provision, the term “unaccompanied youth” shall mean a  homeless child or youth not in the physical custody of a parent or  guardian. 

L. Copies of Education Records/Fees: 

1. The school district cannot charge a fee to search for or to retrieve  the education records of a student. As noted above, if a student  has been identified as requiring special education and related  services, the parents’ (or eligible student’s) right to inspect and  review the child’s records shall include the right to receive one  free copy  of those records. The request for the free copy shall be  made in writing. The Board shall comply with such request as  stated above. A charge will be levied for additional copies; in no  case will the charge exceed 50¢  per page 

2. In addition to the provision above regarding special education  students, if circumstances effectively prevent the parent or 

eligible student from exercising the right to inspect and review  the student’s education records, the district shall: 

a. provide the parent or eligible student with a copy of the records requested, or 

b. make other arrangements for the parent or eligible student to inspect and review the requested records.

3. The Board reserves the right to charge for copies of a student’s  education records. Such charge will not exceed 50¢ per page.

VI. RECORD KEEPING REQUIREMENTS/DOCUMENTATION OF  ACCESS TO EDUCATION RECORDS 

A. The school district will appoint an individual to be responsible for the  care and upkeep of all education records. Education records are kept by  categories, each of which encompasses a specific type of data collected  during a student’s educational career. These categories also determine  how long the school district must maintain the records. The school  district will provide to parents, on request, a list of the categories and  locations of education records collected, maintained, or used by the  school district. 

B. Except as provided below, a record (log) will be kept documenting each  request for, and disclosure of, personally identifiable information from  the education records of each student, including information found in  computer memory banks. The record log shall contain: 

1. the name of any individual, agency, or organization that requested  or obtained access to the student’s records; 

2. the date of the request for access; 

3. whether access was given; 

4. the purpose for which the party was granted access to the records; 

5. the names of additional parties to whom the receiving party may  disclose the information on behalf of the school district; and 

6. the legitimate educational interest in obtaining the information. 

C. The record (log) requirement does not apply to requests from, or  disclosure to: 

1. a parent or eligible student; 

2. a party seeking directory information; 

3. a party who has a signed and dated written consent from the  parent and/or eligible student;

4. school officials from the school district in which the student is  currently enrolled who have a legitimate educational interest in the information contained in the student’s record; or 

5. persons seeking or receiving the information as directed by a Federal grand jury, other law enforcement subpoena, or ex parte order of the Attorney General of the United States (provided that the information requested is not to be redisclosed). 

D. The record (log) is a permanent part of the student’s education records  and must be available to the parent or eligible student upon request. 

E. If the district makes a release of education records without consent in a   health and safety emergency, the district must record: 

1. the articulable and significant threat to the health and safety of a  student or other individuals that formed the basis for disclosure; and 

2. the parties to whom the district disclosed the information.

VII. THE RELEASE OF RECORDS OR PERSONALLY IDENTIFIABLE  INFORMATION 

A. The school system or its designated agent(s) may not permit release of  education records or any information from such records that contain personally identifiable student information to any outside individual, agency,  or organization without the signed and dated written consent of the parents or  eligible student, except as indicated in Article VII.C below. Personally  identifiable information contained in the education record, other than directory information, will not be furnished in any form (i.e., written, taped,  video or audio recorded, person-to-person, statement over the telephone, on  computer disk, e-mailed or electronic message, etc.) to any person other than  those listed below, unless prior written consent has been obtained. 

B. To be effective, the written consent must be signed and dated and must  specify the records that may be disclosed, state the purpose of the disclosure,  and identify the party or class of parties to whom the disclosure may be  made. 

C. Personally identifiable information may be released without consent   of the  parents, or the eligible student, only if the disclosure meets one of the criteria  set forth below: 

1. School Officials:

a) The disclosure is to other school officials within the  district, including teachers, who have been determined by  the school district to have legitimate educational interests  in the education records. 

b) A contractor, consultant, volunteer, or other party to  whom the district has outsourced institutional services or  functions, provided that the party: 

1) performs an institutional service or function for  which the district would otherwise use employees; 

2) is under the direct control of the district with respect to the use and maintenance of education records; and 

3) is subject to the requirements of FERPA with respect to the use and redisclosure of personally identifiable information from education records. 

c) The Board shall comply with the below Section I of this  Article VII prior to the provision of student records, student information or student-generated content to any  school official who is a consultant or operator, as those  terms are defined in Section I. 

3. Transfer Students: 

a) The disclosure is to officials of another school, including  other public schools, charter schools, and post-secondary institutions, in which the student seeks or intends to enroll, or where the student is already enrolled so long as  the disclosure is for purposes related to the student’s enrollment or transfer. Disclosure of personally identifiable information will be made only upon condition  that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the  record pursuant to Article X. 

b) When a student enrolls in a new public school district  (including a public charter school), the receiving school  district must send written notice of such enrollment to the  school the student previously attended not later than two  (2) business days after the student enrolls. Not later than  ten (10) days after receipt of such notice, the sending 

school shall transfer the student’s records to the new 

school district.

c) Upon notification by the Department of Children and  Families (“DCF”) of a decision to change the school placement for a student attending district schools who is  placed in out-of-home care by DCF pursuant to an order  of temporary custody or an order of commitment, in accordance with Section 46b-129 of the Connecticut General Statutes, the Board shall transmit to the receiving  school, not later than one (1) business day after receipt of  such notification from DCF, all essential education records for the student, including, but not limited to, the  student’s individualized education program (“IEP”) and  behavioral intervention plan, if any, and all documents necessary for the receiving school to determine appropriate class placement and to provide educational services. The Board shall transfer nonessential records to  the receiving school in accordance with subsection b 

above. 

4. The disclosure is to authorized representatives of the U.S.  Comptroller, the U.S. Attorney General, the U.S. Secretary of  Education, or State or local educational authorities. Disclosures  of this nature may be made only in connection with an audit or  evaluation of Federal or State supported education programs, or  for the enforcement of or compliance with the Federal legal  requirements that related to these programs. These entities may  make further disclosures of personally identifiable information  that are designated by them as their authorized representatives to  conduct any audit, evaluation, or enforcement or compliance  activity on their behalf, if applicable requirements are met. 

5. The disclosure is made in connection with a student’s application  for, or receipt of, financial aid, if such information is necessary to  determine eligibility for, the amount of, or the conditions for  financial aid, or to enforce the terms and conditions of financial  aid. 

6. The disclosure is to state and local officials or authorities within  the juvenile justice system as long as the officials and authorities  to whom the records are disclosed certify in writing to the school  district that (a) the information is required by the court, and (b)  will not be disclosed to any other party without the prior, written  consent of the parent of the student, except as provided under  state law. Disclosure shall be permitted for information relating  to the student’s school attendance, adjustment and behavior, as  well as the student’s IEP and related documents if the student  receives special education services. If a student is placed on  probation by the juvenile court, school officials may issue their own recommendation concerning the conditions of the student’s  probation. 

7. The disclosure is to organizations conducting studies for, or on  behalf of, educational agencies or institutions for the purpose of  developing, validating, or administering predictive tests,  administering student aid programs, or improving instruction, so  long as:

a) the study does not permit personal identification of parents  or students by individuals other than representatives of the  organization, 

b) the information is destroyed after it is no longer needed  for the purposes for which the study was conducted, and 

c) the Board enters into a written agreement with the  organization conducting the study that satisfies the 

requirements of 34 C.F.R. § 99.31(a)(6). 

8. The disclosure is to accrediting organizations in order to carry out  their accrediting functions. 

9. The disclosure is to parents of an eligible student who claim that  student as a dependent student as defined in Section 152 of the  Internal Revenue Code of 1986. 

10. The disclosure is to comply with a judicial order or lawfully  issued subpoena, provided that the educational agency makes a  reasonable effort to notify the parent or the eligible student in  advance of compliance, unless such disclosure is in compliance  with 

a) a federal grand jury subpoena and the court has ordered  that the existence or the contents of the subpoena or the  information furnished in response to the subpoena not be  disclosed; 

b) any other subpoena issued for a law enforcement purpose  and the court or other issuing agency has ordered that the  existence or the contents of the subpoena or the 

 information furnished in response to the subpoena not be  disclosed; or 

c) an ex parte order obtained by the United States Attorney  General (or designee not lower than an Assistant Attorney  General) concerning the investigation or prosecution of terrorism crimes specified in 18 U.S.C. §§ 2331 and 2332b(g)(5)(B). 

11. If the school district initiates legal action against a parent or  student, the school district may disclose to the court, without a  court order or subpoena, the education records of the student that  are relevant for the school district to proceed with the legal action  as plaintiff. 

12. If a parent or eligible student initiates legal action against the  school district, the school district may disclose to the court,  without a court order or subpoena, the student’s education records  that are relevant for the school district to defend itself. 

13. The disclosure is to appropriate parties, including parents of an  eligible student, in connection with a health and safety emergency  if knowledge of the information is necessary to protect the health  or safety of the student or other individuals. In making a  determination regarding the disclosure of education records  without consent in a health and safety emergency, the district may  take into account the totality of the circumstances pertaining to the  threat to the health or safety of a student or other individuals. If  the district reasonably determines that there is an articulable and  significant threat to the health or safety of a student or other  individuals, it may disclose information from education records to  any person whose knowledge of the information is necessary to  protect the health or safety of the student or other individuals,  provided, however, that the district record such disclosure in  accordance with Article VI.D, above. 

14. The disclosure is to the parent of a student who is under 18 years  of age or to the student. 

15. The disclosure concerns sex offenders and other individuals  required to register under Section 170101 of the Violent Crime  Control and Law Enforcement Act of 1994, 42 U.S.C. § 14071,  and the information was provided to the district under 42 U.S.C.  § 14071 and applicable federal guidelines. 

16. The disclosure is to the Secretary of Agriculture or an authorized  representative from the Food and Nutrition Service, or contractors  acting on its behalf, for the purposes of conducting program  monitoring, evaluations, and performance measurements of state  and local educational and other agencies and institutions receiving  funding or providing benefits of one or more federal meal or  nutrition programs in order to report aggregate results that do not  identify any individual. Such disclosures may only be made if:

a) the data collected will be protected to prevent the personal  identification of students and their parents by other than 

the authorized representatives of the Secretary of 

Agriculture, and 

b) any personally identifiable data will be destroyed when  they are no longer needed for program monitoring, 

evaluations, and performance measurements. 

17. The disclosure is to an agency caseworker or other representative  of the DCF or other child welfare agency or tribal organization  who has the right to access a student’s case plan when the agency  or organization is legally responsible for the care and protection  of the student. The agency or organization may not disclose the  education records or personally identifiable information contained  in such records, except to an individual or entity engaged in addressing the student’s educational needs and authorized by the  agency or organization to receive such disclosure. Any disclosures made by the agency or organization must comply with  applicable confidentiality laws for student education records. 

D. Directory Information 

The school district will notify parents (of students currently enrolled  within the district) or eligible students (currently enrolled in the district)  annually of any categories of information designated as directory  information. This notice will provide such individuals with an  opportunity to object to such disclosure. An objection to the disclosure  of directory information shall be good for only one school year. 

1. School districts are legally obligated to provide military recruiters  or institutions of higher education, upon request, with the names,  addresses and telephone numbers of secondary school students,  unless the secondary student or the parent of the student objects to  such disclosure in writing. Such objection must be in writing and  shall be effective for one school year. 

2. In all other circumstances, information designated as directory  information will not be released when requested by a third party  unless the release of such information is determined by the administration to be in the educational interest of the school 

district and is consistent with the district’s obligations under both  state and federal law. 

3. The school district may disclose directory information about  students after they are no longer in enrollment in the school 

district. Notwithstanding the foregoing, the district will continue  to honor any valid objection to the disclosure of directory information made while a student was in attendance unless the  student rescinds the objection. 

4. An objection to the disclosure of directory information shall not  prevent the school district from disclosing or requiring a student  to disclose the student’s name, identified or institutional email  address in a class in which the student is enrolled. Parents and/or  eligible students may not use the right to opt out of directory  information disclosures to prohibit the school district from requiring students to wear or display a student identification card. 

5. The school district will not use the student’s social security  number or other non-directory information alone or combined  with other elements to identify or help identify the student or the  student’s records.

E. De-identified Records and Information 

1. The school district may release education records or information  from education records without the consent of a parent or eligible  student after the removal of all personally identifiable information, provided that the district has made a reasonable  determination that a student’s identity is not personally identifiable, whether through single or multiple releases, taking  into account other reasonably available information. 

2. The school district may release de-identified education records  including student level data from education records for the 

purpose of education research by attaching a code to each record  that may allow the recipient to match information received from  the same source, provided that: 

a) the district does not disclose any information about how it  generates and assigns a record code, or that would allow a 

recipient of the information to identify a student based on 

the record code; 

b) the record code is used for no purpose other than identifying a de-identified record for the purposes of education research and cannot be used to ascertain personally identifiable information about a student; and 

c) the record code is not based on a student’s social security  number or other personal information. 

F. Disciplinary Records: 

Nothing in this policy shall prevent the school district from:

1. Including in the education records of a student appropriate  information concerning disciplinary action taken against the 

student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the  school community. 

2. Disclosing appropriate information concerning disciplinary action  taken against a student for conduct that posed a significant risk to  the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials who have been determined to have legitimate educational  interests in the behavior of the student. 

G. In accordance with state and federal law, the district will facilitate the  transfer of records of suspension and expulsion of a student to officials of any  private elementary or secondary school in which the student is subsequently  enrolled or seeks, intends or is instructed to enroll. 

H. Records of the Department of Children and Families (“DCF”) 

1. Documents related to any DCF child abuse and/or neglect  investigations that are maintained by the Board are considered 

education records under the FERPA. As such, they are subject to  the confidentiality and disclosure requirements set forth in this 

policy and in corresponding provisions of state and federal law. 

Such records, including records of allegations, investigations and  reports made to DCF, should be kept in a confidential and central  location, with restricted access and shall be disclosed only as 

authorized by law. In addition to meeting the requirements under  FERPA, should the Board receive a request to disclose 

confidential DCF records to an outside third party, the Board 

shall redact the name or other personally identifiable information  concerning the individual suspected of being responsible for the alleged abuse and/or neglect unless the requested records are 

being released to the individual named in the DCF records. 

2. In addition, the district shall redact the name or any personally  identifiable information related to the identity of any individual 

responsible for making a report of alleged child abuse and/or neglect before releasing or transferring any DCF records containing such reports. 

I. Except as set forth in Subsection I.5, below, the Board shall enter into a  written contract with a consultant or operator any time the Board shares or  provides access to student information, student records, or student-generated  content with such consultant or operator.

1. The provisions of said contract shall comply with the requirements of  Conn. Gen. Stat. §§ 10-234aa to 10-234dd. 

2. The district shall maintain and update an Internet web site with  information relating to all contracts entered into pursuant to  Subsection I, above. On or before September 1st of each school year,  the Board shall electronically notify students and the parents or legal  guardians of students of the address of such Internet website. Not  later than five (5) business days after executing a contract pursuant to  this subsection, the Board shall post notice of such contract on the  Board’s website. The notice shall: 

a. State that the contract has been executed and the date that such  contract was executed; 

b. Provide a brief description of the contract and the purpose of  the contract; and 

c. State what student information, student records or student generated content may be collected as a result of the contract. 

3. For purposes of this subsection, upon receipt of notice of a breach of  security that results in the unauthorized release, disclosure or  acquisition of directory information, student information, student  records or student-generated content, the Board shall electronically  notify, not later than two business days after receipt of such notice,  the student and the parents or guardians of the student whose  information is involved in such breach. The Board shall thereafter  post notice of such breach on the Board’s Internet web site. The  Internet posting shall comply with the requirements of FERPA. All  questions and concerns relative to breach of security shall be referred  to Deborah Mailloux-Petersen, Director of Pupil Services, 3 Primrose  Street, Newtown, CT 06477, phone: 203-426-7628. 

4. For purposes of this subsection, the following definitions are  applicable: 

a. Consultant means a professional who provides noninstructional  services, including but not limited to, administrative, planning,  analysis, statistical or research services, to the Board pursuant  to a contract with the Board. 

b. Operator means any person who (a) operates an Internet web  site, online service or mobile application with actual 

knowledge that such Internet web site, online service or 

mobile application is used for school purposes and was 

designed and marketed for school purposes, to the extent it is  engaged in the operation of such Internet web site, online service or mobile application, and (b) collects, maintains or  uses student information. 

c. School Purposes means purposes that customarily take place at  the direction of a teacher or the Board, or aid in the 

administration of school activities, including but not limited to  instruction in the classroom, administrative activities and  collaboration among students, school personnel or parents or  legal guardians of students. 

d. Student means a person who is a resident of the state and (a)  enrolled in a preschool program participating in the state-wide  public school information system, pursuant to Conn. Gen.  Stat. § 10-10a; (b) enrolled in grades kindergarten to twelve,  inclusive, in a school under the jurisdiction of the Board; (c)  receiving special education and related services under an  individualized education program; or (d) otherwise the  responsibility of the Board. 

e. Student Information means personally identifiable information  or material of a student in any media or format that is not  publicly available and is any of the following:

1) Created or provided by a student or the parent or legal  guardian of a student, to the operator in the course of  the student, parent or legal guardian using the operator’s Internet web site, online service or mobile  application for school purposes; 

2) Created or provided by an employee or agent of the  Board to an operator for school purposes; 

3) Gathered by an operator through the operation of the  operator’s Internet web site, online service or mobile  application and identifies a student, including but not  limited to, information in the student’s records or electronic mail account, first or last name, home address, telephone number, date of birth, electronic mail address, discipline records, test results, grades,  evaluations, criminal records, medical records, health  records, Social Security number, biometric information, disabilities, socioeconomic information,  food purchases, political affiliations, religious affiliations, text messages, documents, student identifiers, search activity, photographs, voice recordings, survey responses or behavioral assessments.

f. Student Record means any information directly related to a  student that is maintained by the Board or any information  acquired from a student through the use of educational software assigned to the student by a teacher or employee of  the Board, except student record does not include de-identified  student information allowed under the contract to be used by  the consultant or operator to: 

1) Improve educational products for adaptive learning 

purposes and customize student learning; 

2) Demonstrate the effectiveness of the contractor’s 

products in the marketing of such products; and 

3) Develop and improve the consultant’s or operator’s  products and services. 

5. Notwithstanding anything in this Subsection to the contrary, the Board  may use an operator’s or consultant’s services without entering into a  contract as described above, if the use of an Internet web site, online  service or mobile application operated by a consultant or an operator  is unique and necessary to implement a child’s individualized  education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973 and such Internet website, online service  or mobile application is unable to comply with the provisions of  Conn. Gen. Stat. § 10-234bb, provided: 

a. Such Internet web site, online service or mobile application  complies with FERPA and the Health Insurance Portability  and Accountability Act of 1996, P.L. 104-191, as amended  from time to time; 

b. The Board can provide evidence that it has made a reasonable  effort to: 

1) enter into a contract with such consultant or operator to  use such Internet web site, online service or mobile 

application, in accordance with the provisions of Conn. 

Gen. Stat. § 10-234bb; and 

2) find an equivalent Internet web site, online service or  mobile application operated by a consultant or an 

operator that complies with the provisions of Conn. 

Gen. Stat. § 10-234bb; 

c. The consultant or operator complies with the provisions of  Conn. Gen. Stat. § 10-234cc for such use; and 

d. The parent or legal guardian of such child, and, in the case of a child with an individualized education program, a member of the planning and placement team, signs an agreement that: 

1) acknowledges such parent or legal guardian is aware that such Internet web site, online service or mobile  application is unable to comply with the provisions of Conn. Gen. Stat. § 10-234bb; and 

2) authorizes the use of such Internet website, online 

service or mobile application. 

e. The Board shall, upon the request of a parent or legal guardian  of a child, provide the evidence described in Subsection 5.b, above.

VIII. REDISCLOSURE OF EDUCATION RECORDS 

A. The school district may disclose personally identifiable information from an  education record only on the conditions that: 

1. the party to whom the information is disclosed will not subsequently  redisclose the information to any other party without the proper 

consent of the parent or eligible student, and 

2. the officers, employees, and agents of a party that receives such  information may only use the information for the purposes for which disclosure was made. 

B. Notwithstanding the provisions of Section A above, the school district may  disclose personally identifiable information from an education record with the  understanding that the information may be redisclosed by the recipient of the  information as long as prior written consent for disclosure is not required, for  one of the reasons listed in Article VII, Section C above, and at least one of  the following conditions is met. 

1. The record of the original disclosure includes the names of the parties  to whom redisclosure is being made and the legitimate interests each such party has in requesting or obtaining the information. 

2. The original disclosure was to a state or local educational authority or  federal official or agency as set forth in Article VII, Section C, and such state or local educational authority or federal official or agency has complied with the requirements of 34 C.F.R. § 99.32(b)(2). 

3. In the case of disclosures made pursuant to a court order or lawfully  issued subpoena, the district has made a reasonable effort to notify the  parent or eligible student in advance of compliance with the subpoena (except if such subpoena meets the criteria set forth above in Article 

VII, Section C (10)). 

4. Disclosure is made to a parent, an eligible student, or the parent of an  eligible student. 

5. The information is considered directory information. 

C. In the event that the Student Privacy Policy Office determines that a third  party outside of the school district has improperly redisclosed personally  identifiable information from education records in violation of FERPA, the  school district may not allow that third party access to personally identifiable  information from education records for at least five (5) years. 

IX. AMENDMENT OF EDUCATION RECORDS 

A. If a parent or an eligible student believes that information in the student’s  education records is inaccurate, misleading or in violation of the student’s  right to privacy, he/she is entitled to: 

1. Request in writing that the school district amend the records; 

2. Receive within a reasonable period of time a decision from the school  district with respect to its decision on the amendment(s) requested by  the parent or eligible student. 

B. If the school district decides to amend the records, the school district shall  promptly take such steps as may be necessary to put the decision into effect  with respect to the requested amendments, and shall inform the parent or  eligible student of the amendment. 

C. If the school district decides that an amendment of the records in accordance  with the request is not warranted, it shall so inform the parent or eligible  student and advise him/her of the right to a hearing pursuant to this policy.

X. HEARING RIGHTS AND PROCEDURES 

A. Rights 

1. Upon written request of a parent or eligible student to the Superintendent of Schools, an opportunity for a hearing shall be 

provided to challenge the content of a student’s education records on the grounds that the information contained in the education records is  inaccurate, misleading, or otherwise in violation of the privacy rights  of the student.

2. If, as a result of the hearing, the school district decides that  information contained in the education records of a student is 

inaccurate, misleading, or otherwise in violation of the privacy rights  of the student, the records shall be amended, and the parent or eligible  student shall be informed in writing. 

3. If, as a result of the hearing, the school district decides that  information contained in the education records of a student is not  inaccurate, misleading, or otherwise in violation of the privacy rights  of the student, the parent or eligible student shall be informed of the  right to place in the student’s education records a statement commenting on the contested information or stating why he or she  disagrees with the district’s decision, or both. 

a. Any statement placed in the records of the student shall be  maintained by the school system as part of the records of 

the student as long as the record or contested portion is 

maintained by the school system. 

b. If the contested portion of the education record is disclosed  by the school system, the statement of disagreement by the 

parents and/or eligible student shall also be disclosed. 

B. Procedures 

1. The hearing shall be held within a reasonable time after the school  system has received the request, unless the parent or eligible student  requests a delay. 

2. The parent or eligible student shall be given notice of the date, place,  and time of the hearing, within a reasonable time in advance of the  hearing. 

3. The hearing will be conducted by a person or persons appointed by  the Superintendent of Schools. This person(s) shall be knowledgeable  of the policies relating to confidentiality and shall not have a direct  interest in the outcome of the hearing. 

4. The parent or eligible student and the school system shall have the  right to be represented by person(s) of their choosing at their own  expense, to cross-examine witnesses, to present evidence, and to  receive a written decision of the hearing. 

5. The decision reached through the hearing shall be made in writing  within a reasonable period of time after the hearing. The decision  will be based solely upon the evidence presented at the hearing and  shall include a summary of the evidence and the reasons for the 

decision.

XI. WAIVER OF RIGHTS 

A. A student who is an applicant for admission to an institution of post secondary education, or is in attendance at an institution of post 

secondary education, may waive his or her right to inspect and review  confidential letters and confidential statements of recommendations with  the following limitations: 

1. The student is notified, upon request, of the names of all individuals  providing the letters or statements. 

2. The letters or statements are used only for the purpose for which they  were originally intended. 

3. The waiver is not required by the district as a condition of admission  to or receipt of any other service or benefit from the district. 

4. The waiver is in writing and executed by the student, regardless of  age, rather than by the parent. 

B. A waiver may be revoked with respect to any actions occurring after the  revocation. 

C. Revocation of a waiver must be in writing. 

XII. SPECIAL CONFIDENTIALITY PROCEDURES FOR HIV-RELATED  INFORMATION 

A. The following definitions shall apply to Article XII of this policy:

1. Confidential HIV-Related Information

“Confidential HIV-related information” means any information pertaining to the protected individual or obtained pursuant to a release of confidential HIV-related information, concerning whether a person has been counseled regarding HIV infection, has been the subject of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify a person as having one or more of such conditions, including information pertaining to such individual’s 

partners. 

2. Health Care Provider 

“Health Care Provider” means any physician, dentist, nurse, 

provider of services for the mentally ill or persons with intellectual disabilities, or other person involved in providing  medical, nursing, counseling, or other health care, substance  abuse or mental health service, including such services associated  with, or under contract to, a health maintenance organization or  medical services plan. 

3. Protected Individual 

“Protected individual” means a person who has been counseled  regarding HIV infection, is the subject of an HIV-related test or  who has been diagnosed as having HIV infection, AIDS or HIV related illness. 

4. Release of confidential HIV-related information 

“Release of confidential HIV-related information” means a 

written authorization for disclosure of confidential HIV-related  information which is signed by the protected individual, if an  eligible student, or a person authorized to consent to health care  for the individual and which is dated and specifies to whom 

disclosure is authorized, the purpose for such disclosure and the  time period during which the release is to be effective. A general  authorization for the release of medical or other information is not  a release of confidential HIV-related information, unless such  authorization specifically indicates its dual purpose as a general  authorization and an authorization for the release of confidential  HIV-related information. 

5. School Medical Personnel 

“School medical personnel” means an employee of the Board who  is a school nurse or the school district medical adviser.

B. Confidentiality of HIV-related Information 

1. All school staff must understand that no person who obtains  confidential HIV-related information regarding a protected 

individual may disclose or be compelled to disclose such information. Each person who has access to confidential HIV related information is responsible for ensuring that confidential  HIV-related information is protected from disclosure and/or 

redisclosure. 

2. Confidential HIV-related information is not public information  and any disclosure, other than to persons pursuant to a legally  sufficient release or to persons authorized by law to receive such  information without a legally sufficient release, violates the law  and Board policy.

C. Accessibility of Confidential HIV-related Information 

1. No school staff member who obtains confidential HIV-related  information may disclose or be compelled to disclose such 

information, except to the following: 

a) the protected individual, his/her legal guardian or a person  authorized to consent to health care for such individual; 

b) any person who secures a release of confidential HIV related information; 

c) a federal, state or local health law officer when such disclosure is mandated or authorized by federal or state 

law; 

d) a health care provider or health facility when knowledge  of the HIV-related information is necessary to provide appropriate care or treatment to the protected individual or when confidential HIV-related information is already recorded in a medical chart or record and a health care provider has access to such record for the purpose of providing medical care to the protected individual; 

e) a medical examiner to assist in determining cause of 

death; or 

f) any person allowed access to such information by a court  order. 

D. Procedures 

1. If a school staff member, other than school medical personnel, is  given confidential HIV-related information regarding a protected  individual, who is also a student, from the student’s legal guardian or the student, the school staff member shall attempt to  secure a release of confidential HIV-related information for the  sole purpose of disclosing such information to school medical  personnel. 

2. If a school medical personnel member is given confidential HIV related information regarding a protected individual, who is also a  student, by a student’s legal guardian, or by the student, and the  legal guardian or the student requests accommodations to the  student’s program for reasons related thereto, the school medical  personnel member shall inform the legal guardian or the student,  if an eligible student, that a release of confidential HIV-related information is necessary before such information may be disclosed to other educational personnel capable of assessing the need for and implementing appropriate accommodations to the student’s program. 

3. Any school staff member who obtains confidential HIV-related  information from a source other than the protected individual or 

his/her legal guardian, shall keep such information confidential and shall not disclose such information. 

4. No school staff member may disclose confidential HIV-related  information to other school staff members without first obtaining a release of confidential HIV-related information. 

5. Any record containing confidential HIV-related information shall  be maintained in a separate file, and shall not be subject to the provisions of this policy regarding accessibility of general student 

records. 

6. If school medical personnel determine that the health and safety of  the student and/or others would be threatened if a release of confidential HIV-related information is not obtained, the school medical personnel may seek a court order authorizing disclosure. In such cases, such confidential HIV-related information may be disclosed as set forth in and subject to any limitation of such court order.

E. Disclosures Pursuant to a Release 

1. Any disclosure pursuant to a release shall be accompanied by a  notice in writing stating, “This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by said law. A general 

authorization for the release of medical or other information is "NOT sufficient for this purpose.” 

2. Oral disclosures must be accompanied or followed by the above  notice within ten (10) days. 

3. Except for disclosures made to a federal, state or local health  officer when such disclosure is mandated or authorized by federal or state law, a notation of all disclosures shall be placed in the medical record or with any HIV-related test result of a protected individual, who shall be informed of such disclosures on request. 

XIII. CHILD ABUSE REPORTING

Nothing in this policy shall limit a mandated reporter’s responsibility to report suspected  child abuse or neglect under the Board’s Child Abuse and Neglect Reporting Policy  4135. 

6. XIV. RIGHT TO FILE A COMPLAINT 

FERPA affords parents and eligible students the right to file a complaint with the U.S.  Department of Education concerning alleged failures by the school district to comply  with the requirements of FERPA. The name and address of the office that administers  FERPA is: 

Student Privacy Policy Office 

U.S. Department of Education 

400 Maryland Avenue, S.W. 

Washington, DC 20202-8520 

Legal References: 

State Law: 

Conn. Gen. Stat. § 1-210 et seq. 

Conn. Gen. Stat. § 10-220h 

Conn. Gen. Stat. § 10-15b 

Conn. Gen. Stat. § 10-233d 

Conn. Gen. Stat. § 10-234aa 

Conn. Gen. Stat. § 10-234bb 

Conn. Gen. Stat. § 10-234cc 

Conn. Gen. Stat. § 10-234dd 

Conn. Gen. Stat. § 10-234ff 

Conn. Gen. Stat. § 10-234gg 

Conn. Gen. Stat. § 10-220d 

Conn. Gen. Stat. § 10-253 

Conn. Gen. Stat. § 17-16a 

Conn. Gen. Stat. § 17a-28 

Conn. Gen. Stat. § 17a-101k 

Conn. Gen. Stat. § 19a-581 et seq. 

Conn. Gen. Stat. § 46b-134 

Regs. Conn. State Agencies § 10-76d-18 

State Department of Education, Guidance on Civil Rights Protections and  Supports for Transgender Students, June 2017 

State Department of Education, Guidance on Civil Rights Protections and  Supports for Transgender Students: Frequently Asked Questions, June  2017

Page 28 of 45 

State Department of Education memorandum dated December 21, 2010,  on school choice recruitment 

Office of the Public Records Administrator, Retention Schedule M8- Education Records, Revised 2/2005, available at 

http://ctstatelibrary.org/wp-content/uploads/2015/07/M8.pdf 

Federal Law: 

Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §  1232g 

USA Patriot Act of 2001, Pub. L. No. 107-56 

Every Student Succeeds Act, Pub. L. No. 114-95 

Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296 

The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§  11431 et seq., as amended by Every Student Succeeds Act, Pub. L. No.  114-95. 

34 C.F.R. §§ 99.1 - 99.67 

34 C.F.R. § 106.45 

34 C.F.R. §§ 300.560 - 300.576 

 Balancing Student Privacy and School Safety: A Guide to the Family  Educational Rights and Privacy Act for Elementary and Secondary  Schools, U.S. Department of Education (October 2007), available at  http://www.ed.gov/policy/gen/guid/fpco/ferpa/safeschools/. 

Adopted: November 19, 2024 NEWTOWN PUBLIC SCHOOLS  Newtown, Connecticut

The Newtown Public Schools (the “District”) will appoint a Custodian of Records who will  ensure that student education records are kept as follows: 

A. CATEGORY “A” RECORDS: 

1. Category A includes official administrative records that constitute the minimum  personal data necessary for the operation of the educational system. 

2. Category A records shall be maintained for at least fifty (50) years after the student  leaves the school district or graduates. 

3. All Category A records created by the district shall include the student’s state assigned student identifier (SASID). 

4. Notice of a student’s suspension or expulsion shall be expunged from the student’s  cumulative education record if the student graduates from high school, except for  notice of an expulsion of a student in grades nine through twelve, inclusive, based  upon possession of a firearm or deadly weapon. 

5. *In cases where a student is suspended or expelled for the first time, and the  Administration or the Board, respectively, has shortened or waived the period of  suspension or expulsion in accordance with the Board’s disciplinary policy relating  to first time offenses, the Administration or the Board, respectively, may choose to  expunge such notice of suspension or expulsion from the student’s cumulative record  at the time the student completes the specified program and any other conditions  imposed by the Administration/Board, rather than upon graduation. The Board may  choose to expunge an expulsion notice from a student’s cumulative record prior to  graduation if such student has demonstrated to the Board that the student’s conduct  and behavior in the years following such expulsion warrants an expungement.  Should the notice be expunged in accordance with one of these provisions, a record  of the fact that the student had been suspended or expelled shall be maintained apart  from the student’s cumulative record, for the limited purpose of determining  whether any subsequent offenses by the student would constitute the student’s first  suspension or expulsion. 

6. Category A records shall include, at a minimum, the following: 

RECORD  & LOCATION

a. Basic biographical information 

Cumulative/Health File

b. Academic achievement (grades/transcripts) 

Cumulative File

c. Date of high school graduation or equivalent

Cumulative File

d. Records of immunizations 

Cumulative/Health/Pupil  Personnel File

e. Attendance records (days absent/present/tardy)

Cumulative File

f. *Notice of Expulsion for Firearm or Deadly  Weapon (C.G.S. §§ 10-233c(e), 10-233d(f))

Cumulative File

B. CATEGORY “B” RECORDS 

1. This includes verified information for the formulation of education programs for all  students, but not absolutely necessary over an indefinite period of time. 

2. Data in Category B must be accurate, clearly understood, and verified before  becoming part of any continuing record. There should be no anonymous entries in a  student’s education record. 

3. Category B records must be maintained for at least six (6) years after the student  leaves the school district or graduates from high school. 

4. Notice of a student’s suspension or expulsion shall be expunged from the student’s  cumulative education record if the student graduates from high school, except for  notice of an expulsion of a student in grades nine through twelve, inclusive, based  upon possession of a firearm or deadly weapon. 

5. *In cases where a student is suspended or expelled for the first time, and the  Administration or the Board, respectively, has shortened or waived the period of  suspension or expulsion in accordance with the Board’s disciplinary policy relating  to first time offenses, the Administration or the Board, respectively, may choose to  expunge such notice of suspension or expulsion from the student’s cumulative record  at the time the student completes the specified program and any other conditions  imposed by the Administration/Board, rather than upon graduation. The Board may  choose to expunge an expulsion notice from a student’s cumulative record prior to  graduation if such student has demonstrated to the Board that the student’s conduct  and behavior in the years following such expulsion warrants an expungement.  Should the notice be expunged in accordance with one of these provisions, a record  of the fact that the student had been suspended or expelled shall be maintained apart  from the student’s cumulative record, for the limited purpose of determining  whether any subsequent offenses by the student would constitute the student’s first  suspension or expulsion. 

7. Records containing information pertaining to child abuse/neglect referrals or  reports, or containing confidential HIV-related information, should be kept separate  from the student’s cumulative folder, in confidential files.

8. Confidential HIV-related information contained in the confidential file should only  be disclosed pursuant to district policy. 

9. Information contained in documents related to any Department of Children and  Families (“DCF”) child abuse and/or neglect investigation, or any such investigation  conducted by local law enforcement officials, shall be kept confidential in a central  location. Such records shall only be disclosed in accordance with the Board’s policy  regarding Confidentiality and Access to Education Records. 

10.Category B records shall include the following (if applicable):

RECORD  &  LOCATION

a. Child-Study Team Records / Student  Assistance Team Records

Cumulative/Pupil Personnel File

b. Standardized group test scores (CAPT, CMT  etc.) and/or personality testing program results

Cumulative/Pupil Personnel File

c. Diagnostic reading/math test results (not special education)

Cumulative File

d. Educational and/or vocational interest 

Cumulative File

e. Speech/language and hearing evaluations (not special education)

Cumulative/Health File

f. Comprehensive health records 

Cumulative/Health/Pupil 

Personnel File

g. Correspondence relating to the student 

Cumulative/Health/Pupil 

Personnel File

h. Suspensions/expulsions, and the Individualized  Learning Plan implemented for an expelled  student, which shall include the student’s state assigned student identifier (SASID) 

Cumulative File*

i. Parent/eligible student’s signed 

release forms 

Cumulative/Health/Pupil 

Personnel File

j. Truancy Records (including record of parent  conferences and referrals )

Cumulative File

k. Child Abuse/Neglect Forms 

CONFIDENTIAL FILE IN  CENTRAL LOCATION

RECORD  &  LOCATION

l. Reports Containing Confidential 

HIV-Related Information

CONFIDENTIAL FILE

m. Awards 

Cumulative File

n. Diagnostic test results (non special education) 

Cumulative File/Pupil Personnel  File

o. Extracurricular Activities 

Cumulative File

p. Letters of Recommendation 

Cumulative File

q. Parent’s/Eligible Student’s signed release  forms (permitting disclosure of records)

Cumulative File/Health/Pupil  Personnel File

r. Diploma (if not picked up by student) 

Cumulative File

s. Accident Reports 

Cumulative File

t. Basic school entrance health histories 

Cumulative/Health File

u. Cumulative Health Record (CHR-1, original or  copy)

Health File (*copy remains with  district/original follows student)

v. Individualized Health Care Plans / Emergency  Care Plans

Cumulative/Health/Pupil Personnel  File

w. Health Assessment Records (HAR-3) 

Health File

x. Incident Reports 

Cumulative File

y. Medication administration records (*6 yrs OR  until superseded by yearly summary on CHR 1), which shall include the student’s state assigned student identifier (SASID)

Health File

z. Parent authorization for medications/treatments 

Health File

aa. Physician’s orders for medications treatments 

Health File

bb. Referral forms for services based on results  of mandated screenings

Health/Pupil Personnel File

RECORD  &  LOCATION

cc. Sports histories and physical-examination  reports

Health File

dd. Nursing Records (Health assessment data;  Nursing process notes; 3rd party health records)

Health File

ee. Correspondence to parents related to verified  acts of bullying; intervention plans and safety  plans, as may be required under state law

Cumulative File

C. CATEGORY “C” RECORDS – SPECIAL EDUCATION 

1. Category C includes verified information necessary for the formulation of prescriptive  educational plans designed to meet the unique needs of selected students. 

2. Category C information should be kept separate from the student’s cumulative folder,  in the Pupil Personnel File. 

3. Category C records must be maintained for at least six (6) years after the student leaves  the school district or graduates from high school. 

4. Prior to the destruction of Category C information, notification to parents and/or  eligible students via media will be made and opportunity provided to copy said records. Category C shall include (where applicable):

RECORD  &  LOCATIONS

a. PPT referral forms 

Pupil Personnel File

b. School counselor case records 

Cumulative/ Pupil 

Personnel File

c. School psychologists case records 

Cumulative/Pupil 

Personnel File

d. School social-work case records 

Cumulative/Pupil 

Personnel File

e. School speech/language pathology case records 

Cumulative/Pupil 

Personnel File

f. Section 504 Records 

Cumulative/Pupil 

Personnel File

g. Special Education assessment/evaluation reports 

Pupil Personnel File

h. Due process records (including complaints,  mediations, and hearings) 

Pupil Personnel File

i. Individual Transition Plan 

Pupil Personnel File

j. Individualized Education Program (“IEP”) Records 

Pupil Personnel File

k. Planning and Placement Team (“PPT”) records  (including notices, meetings, consent forms) 

Pupil Personnel File

l. Individualized Family Service Plans (“IFSPs”) 

Pupil Personnel File

m. Incident Reports of Seclusion 

Pupil Personnel File

n. Incident Reports of Physical Restraint 

Pupil Personnel File

D. CATEGORY “D” RECORDS  

1. Category D records must be maintained for minimum retention period specified below. 

Category “D” shall include (if applicable):

RECORD - MINIMUM RETENTION REQUIRED- LOCATION

a. Sports Contract/Student Contract  (including signature sheet for student  handbook)

End of school year in  which signed

Cumulative File

b. Permission slips / waivers 

3 years 

Cumulative File

c. Free/reduced meal application and  documentation

3 years 

Cumulative File

d. Annual Notification to Parents  (Student behavior and Discipline, Bus  Conduct, Electronic Communications  Systems, and the National School  Lunch Program)

1 year 

Cumulative File

e. Adult education Registration  Records

3 years or until audited,  whichever comes first

Cumulative File

f. After school program registration  records

1 year 

Cumulative File

g. Pesticide application notification  registration form

5 years 

Cumulative File

h. School registration records  including residency documentation

3 years or until audited,  whichever comes later

Cumulative File

i. Student portfolio work (student  produced work for grading 

assessment)

End of year in which  student received grade

May be Maintained by  Individual Teachers

j. Tardy slips from parents/guardians 

End of school year 

Cumulative File

k. Physician’s Standing orders 

Permanent; revise as  required. Keep old copy  separately.

Health File

l. Student’s emergency information  card

Until superseded or 

student leaves school  district

Cumulative/Health File

m. Test Protocols 

Discretion of district 

Cumulative/Pupil 

Personnel File

n. Surveillance videotapes made on  school bus (if maintained by district)

2 weeks 

N/A

o. Log of access to education records 

Maintained for same  retention period as 

required for the record

Cumulative/Health/Pupil  Personnel

p. Title IX records and 

documentation

7 years from date of  creation

Cumulative/Other File as  Designated by the 

Administration

E. DURATION OF EDUCATION RECORDS 

1. Records shall be destroyed in accordance with district policy and the Records  Retention Schedule of the Public Records Administrator. 

2. Records may be maintained for longer periods of time whenever valid cause for  the retention of records is shown to the custodian of records. 

3. Notwithstanding the applicable retention schedule, the school district shall not  destroy any education record if a parent or eligible student has an outstanding  request to inspect and review the education record. 

F. MAINTENANCE OF EDUCATION RECORDS OF TRANSGENDER AND  GENDER NON-CONFORMING STUDENTS 

1. The Administration shall comply with all processes and procedures relative to  the amendment of education records when presented with a request to change a  student’s name, gender, or any other information contained in education  records. 

2. If the Administration changes the name and/or gender in a transgender or  gender non-conforming student’s education record, all education records  containing the student’s birth name and gender shall be maintained, if so  required under federal and/or state law and regulations, separately from other  education records and in a strictly confidential location and manner. 

G. RESPONSIBILITY FOR MAINTENANCE OF EDUCATION RECORDS

1. The Director of Pupil Services is the Custodian of Records. 

Deborah Mailloux-Petersen 

3 Primrose Street 

Newtown, CT 06470 

Phone: (203)-426-7628 

petersend@newtown.k12.ct.us 

2. In addition, the following personnel are designated as the guardians of records for  each of the schools: 

a) Categories A, B & D: Principal at each school. 

b) Category C: Case Manager at each school.

c) With respect to confidential HIV-related information, if the Principal is a  recipient of an HIV-related disclosure, the Principal shall be the guardian of  records. If not, whoever was the recipient of the HIV-related disclosure shall be  the guardian of the records. 

d) With respect to child abuse and neglect investigation material, the 

Superintendent of Schools or designee shall be the guardian of the records. 

e) With respect to Title IX records and documentation, the District’s Title IX  Coordinator shall be the guardian of the records. 

3. The chief custodian of records will annually list for public inspection the names and  positions of the custodians of records in each of the schools. 

4. Each of the custodians of records shall supply parents, on request, a list of the types  and locations of education records collected, maintained, or used within the  Newtown Public Schools. 

5. The custodian of records is responsible for ensuring compliance with the  confidentiality and access provisions of this Board policy and these administrative  regulations. 

Administrative Regulations Adopted: November 19, 2024

Annual Notification of Rights 

Under FERPA for Elementary and Secondary Institutions 

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, et seq.,  affords parents and eligible students (i.e., students over 18, emancipated minors, and those  attending post-secondary educational institutions) certain rights with respect to the student’s  education records. They are: 

(1) The right to inspect and review the student’s education records within forty-five  (45) calendar days of the day the District receives a request for access. 

Parents or eligible students should submit to the school principal or Director of Pupil  Services a written request that identifies the record(s) they wish to inspect. The principal or  Director of Pupil Services will make arrangements for access and notify the parents or eligible  student of the time and place where the records may be inspected. 

(2) The right to request the amendment of the student’s education records that the  parents or eligible student believe are inaccurate or misleading, or otherwise violate the  student’s privacy rights. 

Parents or eligible students who wish to ask the District to amend a record should write  the school principal or Director of Pupil Services, clearly identify the part of the record the  parents or eligible student want changed, and specify why it should be changed. 

If the District decides not to amend the record as requested by the parents or eligible  student, the District will notify the parents or eligible student of the decision and advise them  of their right to a hearing regarding the request for amendment. Additional information  regarding the hearing procedures will be provided to the parents or eligible student when  notified of the right to a hearing. 

(3) The right to privacy of personally identifiable information in the student’s  education records, except to the extent that FERPA authorizes disclosure without consent. 

One exception that permits disclosure without consent is disclosure to a school official  with legitimate interests. A school official is a person employed by the District as an  administrator, supervisor, instructor or support staff member (including health or medical staff  and law enforcement unit personnel); a person serving on the Board of Education; a person or  company with whom the District has outsourced services or functions it would otherwise use  its own employees to perform (such as an attorney, auditor, medical consultant, or therapist);  or a parent or student serving on an official committee, such as a disciplinary or grievance  committee; or a parent, student, or other volunteer assisting another school official in  performing his or her tasks. A school official has a legitimate educational interest if the  official needs to review an education record in order to fulfill his or her professional  responsibility. 

Upon request, the District discloses a student’s education record without consent to  officials of another school, including other public schools, charter schools, and post-secondary institutions, in which the student seeks or intends to enroll, or is already enrolled if the  disclosure is for purposes of the student’s enrollment or transfer. Further, and in accordance  with state and federal law and guidance, the District may disclose education records to another  school for enrollment purposes, which may include exploration of educational placement  options by the District or educational placement decisions made by a planning and placement  or Section 504 team, or in order to explore placement options for the provision of alternative  educational opportunities. 

(4) The right to file a complaint with the U.S. Department of Education concerning  alleged failures by the District to comply with the requirements of FERPA. The name and  address of the office that administers FERPA is: 

Student Privacy Policy Office 

U.S. Department of Education 

400 Maryland Avenue, S.W. 

Washington, DC 20202-8520

DIRECTORY INFORMATION 

Unless notified in writing by a parent or eligible student to the contrary within two  weeks of the date of this notice, the school district will be permitted to disclose “Directory  Information” concerning a student, without the consent of a parent or eligible student.  Directory Information includes information contained in an education record of a student that  would not generally be considered harmful or an invasion of privacy if disclosed. It includes,  but is not limited to, the parent’s name, address and/or e-mail address, the student’s name,  address, telephone number, e-mail address, photographic, computer and/or video images, date  and place of birth, major field(s) of study, grade level, enrollment status (full-time; part-time),  participation in school-sponsored activities or athletics, weight and height (if the student is a  member of an athletic team), dates of attendance, degrees, honors and awards received, the  most recent previous school(s) attended and student identification numbers for the limited  purposes of displaying a student identification card. The student identification number,  however, will not be the only identifier used when obtaining access to education records or  data. Directory information does not include a student’s social security number, student  identification number or other unique personal identifier used by the student for purposes of  accessing or communicating in electronic systems unless the identifier cannot be used to gain  access to education records except when used in conjunction with one or more factors that  authenticate the user’s identity, such as a PIN or password. 

The school district may disclose directory information about students after they are no  longer in enrollment in the school district. Notwithstanding the foregoing, the district will  continue to honor any valid objection to the disclosure of directory information made while a  student was in attendance unless the student rescinds the objection. 

An objection to the disclosure of directory information shall not prevent the school  district from disclosing or requiring a student to disclose the student’s name, identified or  institutional email address in a class in which the student is enrolled. Parents and/or eligible  students may not use the right to opt out of directory information disclosures to prohibit the  school district from requiring students to wear or display a student identification card. 

The written objection to the disclosure of directory information shall be good for only  one school year. School districts are legally obligated to provide military recruiters and  institutions of higher learning, upon request, with the names, addresses and telephone numbers  of secondary school students, unless the secondary student or the parent of the student objects  to such disclosure in writing. Such objection shall be in writing and shall be effective for one  school year. In all other circumstances, information designated as directory information will  not be released when requested by a third party unless the release of such information is  determined by the administration to be in the educational interest of the school district and is  consistent with the district’s obligations under both state and federal law.

Notification of Data Sharing Agreements Under Conn. Gen. Stat § 10-234bb(g) This notice must be sent on or before September 1 of each school year 

Pursuant to the requirements of Conn. Gen. Stat. § 10-234bb(g), the Newtown Board of  Education (the “Board”) maintains and updates an Internet website with information relating to  all contracts into which it has entered for which a contractor may gain access to student  records, student information, or student-generated content (collectively, “student data”). The  address of the Internet website is www.newtown.k12.ct.us . The Internet website includes  copies of these contracts, and notices regarding each contract that include (1) the date the  contract was executed, (2) a brief description of the contract and the purpose of the contract  and (3) what student data may be collected as a result of the contract.

**See PDF for Forms