Regulation 5340-1
Student Records
Access and Disclosure Requests Made from Student Records
Reviewed and affirmed by the Board:
Last Revision:
Original publish date: 05/25/2010
Related policies & regulations:
Legal references: Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. ยง 1232g; 34 CFR Part 99), 79-2,104, 79-2,105
The Lincoln Public Schools will maintain an accurate record of all requests for disclosure of information from or access to a student’s records and of information disclosed and access permitted with the exceptions listed below. This record will be kept with each student’s Cumulative Scholastic Record. It will be available only to the principal, the eligible student, the parent/guardian of the student, or to the federal, state or local official for the purpose of auditing or enforcing federally supported educational programs.
The record will include at least:
- The name of the person or agency that made the request,
- The interest the person or agency had in the information,
- The date the person or agency made the request, and
- Whether the request was granted, and if it was, the date access was permitted or the disclosure was made.
The District will maintain this record as long as it maintains the student’s record.
The record of access does not apply if the request was from, or the disclosure was to:
- The parent or eligible student;
- A school official as allowed under law;
- A party with written consent from the parent or eligible student;
- A party seeking directory information; or
- A party seeking or receiving records in accordance with a subpoena or an order where a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with certain federal grand jury subpoenas, certain subpoenas issued for a law enforcement purpose, or certain ex parte court orders obtained by the United States Attorney General.
When a disclosure of personally-identifiable information from education records is made based on the health or safety emergency exception, a record will be made of:
- The articulable and significant threat to the health or safety or a student or other individuals that formed the basis for the disclosure; and
- The parties to whom the information was disclosed.