20-062ORDINANCE NO. ZO-OCZ
AN ORDINANCE OF THE CITY OF DENTON A[J"�`HORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE AN AGREEMENT BETWEEN DENTON INDEPENDENT
SCHOOL DIS1"��CT AND THE CITY OF DENTON FOR PARTICIPATION IN THE
ADVANCED TECHNOLOGY COMPLEX PRACTICUM OF LAW, PUBLIC SAFETY,
CORRECTIONS, AND SECURITY PROGRAM FOR THE 2019-2020 ACADEMIC YEAR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") and the Denton Independent School District
("DISD") desire to enter into an agreement to provide internship opportunities for students
interested in pursuing employment within law enforcement; and
WHEREAS, DISD and the City agree and by the execution hereof are bound to the
mutual obligations outlined in the Memorandum of Understanding ("MOU") attached hereto
and made a part hereof by reference; and
'�"HEREAS, the City Council of the City of Denton hereby finds that the agreement
between the City and DISD serves a municipal and public purpose, is in the public interest,
and is of a benefit to the citizens of the City of Denton; NOW THEREFORE,
THE COUNCIL OF THE CITY OF D�:�e�i"�'ON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated
herein by reference,
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Memorandum of Understanding with the Denton Independent School District to carry out the
duties and responsibilities of the City under the MOU.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
The mot'on to approve this ordinance was made by l�C'�E�L,� y���t'".��� and seconded
by �9�GC(� �'�� �/"�'�� ��,,,; the ordinance was passed and approved ty the following vote:
��-���
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
�
Paul Meltzer, At Large Place 6: >,/
Nav Abstain
�
Absent
PASSED AND APPROVED this the � day of �m_ �,, 2020.
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CHRIS WATTS, I'�",�`r'�
ATTEST:
ROSA RIOS, CITY SECRETARY
��'i� .
BY: „�" �„M
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
:
STATE OF TEXAS
COUNTY OF DENTON
AFFILIATION AGREEMENT BETWEEN THE
DENTON INDEPENDENT SCHOOL DISTRICT AND CITY OF DENTON, TEXAS
This Agreement is between the Denton Independent School District (Denton ISD), for and
on behalf of the Advanced Technology Complex Practicum of Law, Public Safety, Corrections,
and Security Program, hereinafter sornetimes referred to as "School" in this Agreement, and City
of Denton, Texas, on behalf of the Denton Police Department, hereinafter sometimes referred to
as "Facility" in the Agreement. Denton ISD and the City of Denton are referred to individually as
"Party" and are collectively referred to herein as "Parties."
WITNESSETH:
WHEREAS, it is agreed by the parties to be of mutual interest and advantage that the
students and faculty of the school be given opportunity to utilize the Facility as a practice
laboratory and for educational purposes.
NOW, THEREFORE, for and in consideration of the foregoing and in further
consideration of the mutua] benefits, the parties to the Agreement agree as follows:
(1) The term of this Agreement shall be in effect through the 2019/2020 school term. This
Agreement shall commence on September 1, 2019 and expire on May 3 l, 2020.
(2) Definitions:
(a) "Student" shall mean an i��c�ividual enrolled with the Denton ISD pursuant to
Denton ISD Policy FD (Legal and Local), and individuals from other school districts enrolled in
the Career & Technical Education programs of the Denton ISD who are participating in the ATC
Law Enforcement Internship.
(b) "Faculty" means an individual who is employed by School.
(3) The Facility will permit students of the School to observe routines and procedures under
the direct supervision and �-�;�;�c���sibility of an employee of the Facility. Students may, at the
discretion of the Facility, perforr� any duties that the Facility deems safe and legal (not involving
invasive procedures or dealing with private personnel information).
(4) The number of students in the Facility will be mutually agreed upon between the School
and the Facility at the beginning of each semester.
(5) The period of assignment shall be during regular School academic sessions except in the
instance of special arrangements, such as for workshop participants.
(6) The School will provide the Facility with the names of the students who are enrolled in the
Denton Independent School Districts Practicum of Law, Public Safety, Corrections and Security
Program.
(7) ��`I��: School will not di�cr-%minate against any applicant for enrollment in its course of study
because of race, color. creed or national origin.
(8) The School shall take/make all reasonable efforts to see that all student and faculty
members are instructed in the need to respect the confidential nature of all information which may
come to them with respect to any records. A copy of the Criminal Justice Information Security
policy is attached hereto as Exhibit A. Any student or faculty member found to be in violation of
the Facility's confidentiality requirements will be summarily dismissed. Facility shall not disclose
student records, as defined by Denton ISD Policy FL (1,�� gal), attached as Exhibit B, without the
prior written approval of Denton ISD.
(9) Representatives of the School and the Facility shall meet as often as necessary to study the
Practicum of Law, Public Safety, Corrections, and Security Education Program and terms of this
Agreement and make such suggestions and changes as needed.
(10) It is understood between the Parties that under no circumstances shall any member of the
School's student body or faculty be considered an agent or employee of the Facility. This will be
stated on the individual's name tag.
(11) School personnel, faculty and students will be subject to the rules and regulations
established by the Fac�lity or the division within the Facility to which they are assigned.
(A) The facility will charge the School no fees for the Practicum of Law, Public Safety,
Corrections and Security experience afforded the students;
(B) The students will provide transportation to and from the Facility.
(12) The Facility shall provide a safe working environment and intern assignments should be
hazard-free duty within the assigned unit of the Facility. In the event one or more of the students
should, outside cr�` regular school hours and independent of the Agreement, be employed by the
Facility on a part-time or full-time basis, this article shall not apply during the hours in which such
student is performing his/her duties at the Facility.
(13) The salaries and expenses of any faculty, whether instructor, supervisor or other employee
of the School will be paid by the School. The school agrees that members of its faculty will serve
as consultants and on its committees of the Facility when requested by the Facility.
(l4) The Denton Police Department further agrees to assume the following responsibilities:
(A) To be responsible for providing a safe environment for the student internship.
(B) To directly supervise students in performance of all skills and procedures.
(C) To explain Facility routines, procedures, and policies followed in the Facility,
(D) To assist in evaluating students' progress and performance.
(E) The School and the Denton Police Department Facility each have a distinct, yet
cooperative responsibility for the education of each student. The Facility will
provide progress reports as needed if there are areas of concern regarding the
Student's attitude or performance. The Facility retains the right to request
Reassignment of the student.
(F) Reassignment request shall be in writing and shall state the basis for the request.
(15) This Agreement provides for continuing communication between the Facility and the
School as necessary to pi•ovide optimum experience for student learning. An annual evaluation
and review of this Agreement is expected.
(16) This Agreement shall remain effective until terminated. Either party may terminate the
Agreement without cause, upon thirty (30) days written notice to the other party. Notice shall be
given by registered or certified mail to the other party at the addresses set out below:
School: Superintendent
D�r�tc�r�i�� Independent School District
1307 N. Locust
Denton, Texas 76201
Facility: Chief of Police
Denton Police Department
601 E. Hickory, Suite E
Denton, Texas 76205
(17) The Facility, including all portions thereof and all equipment provided by the Facility for
use, are provided "As Is." The Facility does not make any representations, warranties, or
guarantees, express or implied, including, without limitation, the warranty of inerchantability and
the warranty of ftness for a particular purpose, relating to the Facility's premises or equipment,
or Denton ISD's or its employees' or students' use of the Facility's premises or equipment thereof.
(18) To the extent authorized by law and without waiving any governmental immunity, Denton
ISD agrees to hold harmless the Facility, its officers, agents, and e�nployees from and against any and
all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of
or in connection with perfonnance by Denton ISD, including all such claims or causes of action based
upon common, constitutional, or statutory law, or based, in whole or in part, upon allegations of
negligent or intentional acts of Denton ISD, its officers, employees, agents, subcontractors, licensees,
and invitees.
(19) To the extent authorized by law and without waiving any governmental immunity, City agrees
to hold harmless the Denton ISD, its officers, agents, and employees from and against any and all
claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or
in connection with performance l�y City or Facility, including all such claims or cause of action based
upon common, constitutional, or statutory law, or based, in whole or in part, upon allegations of
negligent or intentional acts of City or Facility, its officers, employees, agents, subcontractors,
licensees, and invitees.
(20) The Parties at their respective sole cost and expense, shall procure and maintain in full
force and effect for the term of this Agreement adequate commercial general liability insurance
coverage, including but not limited to general liability insurance coverage with bodily injury, with
limits that are reasonable and customary for its business to cover liabilities and claims which may
arise in relation to or in connection with this Agreement, but in no event less than $1,000,000 per
occurrence and $2,000,000 annual aggregate. Also, the Parties' insurance coverage must include
property damage limits of not less than $250,000 per occurrence, and ��c�t less than $500,000
aggregate. DISD may, at its sole discretion, choose to self-insure the requirements of this
provision. The Parties agree to 1) provide the other Party within five (5) business days upon the
receipt of a written request from the other Party, with a Certificate of Insurance with respect to all
liability insurance required under this Agreement, and 2) maintain the foregoing policy or policies
of ir��urance without material change or cancellation except upon 24 hours written notice to the
other Party. The Parties may, at their sole discretion, provide their respective standard letter of
self-insurance in satisfaction of this provision.
(21) This Agreement SHALL NOT be construed or interpreted to modify, waive, change or
alter any privileges, immunities, or rights granted to, or retained by the Denton Independent School
District by virtue of the statutory or common law of the State of Texas or the United States of
America in regards to the learning environment and course expectation.
(22) This Agreement SHALL NOT be construed or interpreted to modify, waive, change or
alter any privileges, immunities, or rights granted to, or retained by the City of Denton, Texas by
virtue of the statutory or common law of the State of Texas or the United States of America.
(23) If either Party fails to fulfill its obligations hereunder when such failure is due to an event
of Force Majeure, said failure shall be excused for the duration of such event and for such a time
thereafter as is reasonable to enable the Parties to resume performance under this Agreement.
Events of Force Majeure shall mean any contingency or cause beyond the reasonable control of a
Party, including, but not limited to, acts of God, riot, civil commotion, insurrection, fire,
explosions, rain, or other circumstance beyond its reasonable control.
(24) If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Agreement are for any reason held to be invalid,
void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
(25) This Agreement may not be assigned in whole or in part by any of the Parties without prior
written consent of the other Party.
(26) This Agreement is entered into subject to the City Charter and Ordinances of the City of
Denton as they may be amended from time to time and is subject to and is to be construed,
governed, and enforced under all applicable State of Texas and Federal law. Denton ISD enters
into this Agreement subject to its policy and applicable laws, both state and federal. Situs of this
Agreement is agreed to be Denton County, Texas, for all g��rr�c�ses including performance and
execution.
EXECUTED in duplicate originals by the parties on the day and year set forth below.
AUTHORIZED SIGNATURES:
� �"'
,� �w.�,�„�
Barbara Burns,��� � �y����
� � � ... __...
Board President
Denton Independent School District
1307 N. Locust
Denton, TX 76201
'�=�� � `�'` � � : � ....�.
Todd ����ileman, City Manager �����r� � ' � ��,� �
City of Denton �`�� �� "� �?�„'� �� ���,
215 E. McKinney `� � "� '� �, �,��^"�
,�y, $, �'"� r" W ,� ",
Denton, TX 76201 ��`, � � w ��' � ��� � �
ATTEST: °� m �`� �,�'!�`k� ��,�
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Rosa Rios, City Secretary
City of Denton
APPROVED AS TO FORM:
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Date
�_........n..�". / ���` � �"�"����. �
D��t _._ __m.m.�
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to fin�n ' and operational
obl4� ti�n a k�usiness terms.
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Date Signed /� �!� � "�
Exhibit A
DENTON POLICE
DEPARTMENT
�.��}�.
Lee Howell, Chief of Police
Genera) Order 17.2
Subject: Criminal Justice Information Secu
Effective Date: August 2, 2010
17.2
17.2.1
17.2.2
17.23
Distribution: All Personnel Master File
Last Revision Date: February 5, 2017
PURPOSE
To establish guidelines to protect the integrity of the Criminal Justice Information System
(CJIS) database and all data and information obtained through use of Mobile Data Computers
and/or hard-wired terminals.
POLICY
The policy of the Department is to consider certain information confidential and to comply
with State regulations.
DEFINITIONS
Mobile Data Computer (MDC) – Includes all computers that have access, via wireless or hard-
wired network, to TLETS, TCIC, NCIC or any law enforcement database.
Secure Location – This term includes the areas of Denton Police Department containing
computers with access to TLETS, TCIC, NCIC, or any law enforcement database, including
locked and/or attended police vehicles. These areas are not open to the general public
without approval and/or escort.
INFORMATION AND SYSTEM SECURITY
* Computerized Criminal History (CCH), Personally Identifiable Information (PII), or any other
C11S data may not be du�«licated onto devices that are unsecure or can be removed from a
secure location (devices include, but are not limited to, MDCs, USB memory sticks, CDs, DVDs,
email, electronic documents—pdf, spreadsheets, etc.). This practice ensures CJIS system
secu rity,
1�Page
* City of Denton employees are allowed to store information on their "H" drive located on their
desktops, MDC's; all city owned computer systems. However, the City of Denton network
drive "H" or a USB storage device is not considered a compliant location for the storage of
CCH information or PII. The City of Denton network "T" drive has been designated as the only
GIS compliant location for the storage of CCH Information and/or PII.
Access to GIS, Regional Data, TLETS, TCIC and NCIC data through Department equipment is
restricted to authorized employees.
The DFW Regional Database or the City of Denton Warrant Database will not normally be
disseminated to the public by merr�b�rs of the Department, other than by Warrant Officers.
Each person authorized to access MDC data shall receive security awareness training within
six months of appointment or employment and thereafter at least every two years, in
accordance with CJIS policy, and said training will be documented.
Changes in authorized personnel will be immediately reported to TCIC Training section.
C11S, TLETS, TCIC and NCIC data shall be accessed ONLY from secure locations, as defined
above.
Visitors to secure areas will be escorted by authorized personnel at all times.
When transporting non-law enforcement personnel in police vehicles, officers will close the
screen of the MDC or position it in a manner that will prevent unauthorized viewing of CJIS,
TLETS, TCIC and NCIC data on the MDC screen.
All printouts of GIS data shall be promptly filed with the corresponding incident records.
Otherwise, such pri�atouts should be promptly shredded using a cross-cut shredder.
The Communications computer network server room shall be securely locked when not
occupied.
All police vehicles containing MDCs shall be securely locked when not in use.
All equipment used for processing GIS data shall have anti-virus software installed and
updated on a daily basis, and the MDC firewall shall be enabled at all times.
* All storage media containing CJIS data, or used for CJIS purposes, and no longer in use shall
be secure formatted using methodology that overwrites all data in three (3) iterations or
degaussed priorto disposal or release for refuse by authorized personnel. If no longer needed,
media will be destroyed and a destruction list on file. Inoperable electronic media shall be
physically destroyed. Sanitation or destruction is carried out by authorized personnel.
The Department shall keep a list of wireless device ID's and vendor telephone contact
numbers so that devices can be promptly disabled, should the need arise.
2�Page
17.2.4 VIOLATIONS
It is the responsibility of each authorized user to report any violations of this security policy
to the Administrative Services Bureau Commander, via the Chain of Command.
17.2.5 SANCTIONS
Department employees violating TLETS/NLETS, TCIC/NCIC, and CJIS System Security policies
are subject to administrative and/or criminal sanctions based on the severity of the misuse.
Violations will be handled on a case by case basis consistent with Departmental procedures
involving the Office of Professional Standards. Violations may lead to the following action(s):
Verbal or pocumented Counseling; Written reprimand; or Suspension, Termination, or
prosecution under any applicable statute including Government Code 411.085.
3�Page
Denton ISD Exhibit B
061901
STUDENT RECORDS
FL
(LEGAL)
Table of Contents Education Records ..................................................................... 2
"Education Records" Defined ..................................................... 2
Screening Records .................................................................... 2
immunization Records ............................................................... 3
Medical Records ........................................................................ 3
Food Allergy Information ............................................................ 3
Assessment Instruments ........................................................... 3
Academic Achievement Record (Grades 9-12) ......................... 4
EnrollmentRecords ................................................................... 4
Access, Disclosure, and Amendment ........................................ 5
Access to Education Records .................................................... 5
Information Collection ...............................................................11
Subpoenaed Records ...............................................................11
SexOffenders ...........................................................................12
Request Procedure ...................................................................12
Records Destruction .................................................................12
De-Identified Records ...............................................................12
Authenticating Requestors' Identities ........................................13
Transfer Not Permitted .............................................................13
Record of Access to Student Records ......................................14
Rightto Amend .........................................................................14
Feesfor Copi�s ........................................................................15
Records of Students with Disabilities ........................................15
Annual Notification of Rights .....................................................16
Directory Information .................................................................17
"Directory Information" Defined .................................................17
Videotapes and Recordings ......................................................20
Exceptions................................................................................21
Information from Law Enforcement ..........................................21
Oral Notice of Arrest or Referral ................................................21
Written Notice of Arrest or Referral ...........................................21
Oraf Notice of Conviction orAdjudication ..................................21
Notice of Transfer or Reenrollment ...........................................21
Contents...................................................................................22
Duty to Flag Records ................................................................22
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Denton ISD
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STUDENT RECORDS
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(LEGAL)
Education Records For the purposes of this policy, the term "education records" means
"Education those records, files, documents, and other materials that contain
Records" Defined information directly related to a student and are maintained by an
education agency or institution or by a person acting for such
agency or institution.
The term "education records" does not include:
Records that are created or received by a district after an in-
dividual is no longer a student in attendance and that are not
directly related to the individual's attendance as a student.
2. Records made by district personnel that are kept in the sole
possession of the maker, are used only as a personal
memory aid, and are not accessible or revealed to anyone
other than a temporary substitute for the maker of the record.
3. Records maintained by a law enforcement unit of a district
that were created by that law enforcement unit for the pur-
pose of law enforcement.
4. Records on a student who is 18 years of age or older, or who
is attending an institution of postsecondary education, that
are:
a. Made or maintained by a physician, psychiatrist, psy-
chologist, or other recognized professional or
paraprofessional acting in his or her professional capaci-
ty or assisting in a paraprofessional capacity;
b. Made, maintained, or used only in connection with
treatment of the student; and
c. Disclosed only to individuals providing the treatment. For
the purpose of this definition, "treatment" does not in-
clude remedial educational activities or activities that are
part of the program of instruction at the agency or institu-
tion.
5. Grades on peer-graded papers before they are collected and
recorded by a teacher.
20 U. S. C. 1232g; 34 C. F. R. 99. 3
Screening Records The principal of each school shall maintain records of screening for
special senses and communication disorders, spinal screening,
and assessment for type 2 diabetes for each student in the school.
Records shall be open for inspection by the state or local health
department. The University of Texas—Rio Grande Valley Border
Health Office may, directly or through local health departments, en-
ter a school and inspect records relating to assessment for type 2
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diabetes. Individual screening records may be transferred among
schools in accordance with provisions below concerning Access by
Others. 20 U. S. C. 1232g; Health and Safety Code 36.006, 37.003,
95.004; 25 TAC 37.145(b) [See FFAA]
Immunization A district shall maintain an individual immunization record during
Records the period of attendance for each student admitted. The records
shall be open for inspection at all reasonable times by the Texas
Education Agency or by representatives of local health depart-
ments or the Texas Department of State Health Services. A district
shall cooperate with other districts in transferring students' immun-
ization records between other schools. Specific approval from stu-
dents, parents, or guardians is not required prior to making such
record transfers. Education Code 38.002 [See FFAB]
Medical Records The parent or guardian of a student is entitled to access to the stu-
dent's medical records maintained by a district. On request of a
student's parent or guardian, a district shall provide a copy of the
student's medical records to the parent or guardian. A district may
not impose a charge tha� exceeds the amount authorized by Sec-
tion 552.261 of the Government Code [see GBAA]. Education
Code 38.0095
Privacy Rule for To the extent a district is a covered entity under the Health Insur-
Non-"Education ance Portability and Accountability Act (HIPAA), the district must
Records" comply with the Privacy Rule, 45 C.F.R. Part 164, with respect to
protected health information that is not an education record.
45 C.F.R. 160.103, 164.501 [See CRD]
Food Allergy Information regarding a child's food allergy, regardless of how it is
Information received by the school or school district, shall be retained in the
child's student records but may not be placed in the health record
maintained for the child by the district.
Exceptions If the school receives documentation of a food allergy from a phy-
sician, that documentation shall be placed in the health record
maintained for the child by the district.
A registered nurse may enter appropriate notes about a child's
possible food allergy in the health record maintained for the child
by the district, including a notation that the child's student records
indicate that a parent has notified the district of the child's possible
food allergy.
Education Code 25.0022(d)—(�
Assessment The results of individual student perFormance on basic skills as-
Instruments sessment instruments or other achievement tests administered by
a district are confidential and may be made available only to the
student, the student's parent or guardian, and to the school per-
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sonnel directly involved with the student's educational program.
However, overall student performance data shall be aggregated by
ethnicity, sex, grade level, subject area, campus, and district, and
made available to the public, with appropriate interpretations, at
regularly scheduled board meetings. The information may not con-
tain the names of individual students or teachers. Education Code
39.030(b) [See EKB]
Academic Following guidelines developed by the commissioner of education,
Achievement a district must use an academic achievement record (transcript)
Record (Grades 9— form that includes student demographics, school data, student da-
12) ta, and the record of courses and credits earned. The academic
achievement record shall serve as the academic record for each
student and must be maintained permanently by the district. A dis-
trict must ensure that copies of the record are made available for a
student transferring from one district to another. To ens�are appro-
priate placement of a transfer student, a district must respond
promptly to each request for student records from a receiving dis-
trict. 19 TAC 74.5(b) [See EI]
Enrollment Records If a parent or other person with legal control of a child enrolls the
child in a district school, the parent or other person, or the school
district in which the child most recently attended school, shall fur-
nish to the distric� all of the following:
The child's birth certificate, or another document suitable as
proof of the child's identity as defined by the commissioner in
the Student Attendance Accounfing Handbook.
2. A copy of the child's records from the school the child most
recently attended if he or she was previously enrolled in a
school in Texas or in another state.
Education Code 25.002(a)
A district must furnish information under items 1 and 2 not later
than the tenth working day after the date the district receives a re-
quest for the information.
If a parent or other person with legal control of a child under a court
order requests that a district transfer a child's student records, the
district to which the request is made shall notify the parent or other
person as soon as practicable that the parent or other person may
request and receive an unofficial copy of the records for delivery in
person to a school in another district.
Education Code 25.002(a-1) [See FD]
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Access, Disclosure,
and Amendment
"Attendance" includes, but is not limited to:
FL
(LEGAL)
1. Attendance in person or by paper correspondence, videocon-
Access to ference, sateilite, internet, or other electronic information and
Education Records telecommunications technologies for students who are not
Definitions physically present in the classroom; and
"Attendance" 2_ The period during which a person is working under a work-
study program.
"Disclosure" "Disclosure" means to permit access to or the release, transfer, or
other communication of personally identifiable information con-
tained 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.
"ParenY'
„Personally
Identifiable
Information"
"Record"
"Parent" includes a natural parent, a guardian, or an individual act-
ing as a parent in the absence of a parent or guardian.
"Personally identi�iable information° ineludes, but is not limited to:
The student's name;
2. The name of the student's parent or other family members;
The address of the student or student's family;
4. A personal identifier, such as the student's biometric record,
defined as a record of one or more measurable biological or
behavioral characteristics that can be used for automated
recognition of an individual (e.g., fingerprints, retina and iris
patterns, voiceprints, DNA sequence, facial characteristics,
and handwriting); social security number; or student number;
5. Other indirect identifiers, such as the student's date of birth,
place of birth, and mother's maiden name;
6. 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 stu-
dent with reasonable certainty; or
7. Information requested by a person who the district reasonably
believes knows the identity of the student to whom the educa-
tion record relates.
"Record" means any information recorded in any way, including,
but not limited to, handwriting, print, computer media, video or au-
dio tape, film, microfilm, and microfiche.
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"Authorized "Authorized representative" means any entity or individual desig-
Representative" nated by a state or local educational authority or an agency head-
ed 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, evaluation, or any compliance or enforcement activity in
connection with federal legal requirements that relate to these pro-
grams.
"Education "Education program" means any program that is principally en-
Program" gaged in the provision of education, including, but not limited to,
early childhood education, elementary and secondary education,
postsecondary education, special education, job training, career
and technical education, and adult education, and any program
that is administered by an educational agency or institution.
34 C. F. R. 99. 3
"Signed and "Signed and dated written consent" may include a record and sig-
Dated Written nature in electronic form that:
ConsenY'
Identifies and authenticates a particular person as the source
of the electronic consent; and
2. Indicates such person's approval of the information contained
in the electronic consent.
34 C. F. R. 99.30(d)
Access by Access to the education records of a student who is or has been irr
Parents attendance at a school in a district shall be granted to the parent of
the student who is a minor or who is a dependent for tax purposes.
34 C. F. R. 99. 9 0, . 31(a) (8)
A district shall presume that a parent has authority to inspect and
review the student's records unless it has been provided with evi-
dence that there is a court order, state statute, or legally binding
document that specifically revokes these rights. A court may order
the custodian of records to delete all references in a child's records
to the place of residence of either party appointed as conservator
before their release to another party appointed as conservator.
34 C. F. R. 99. 4; Famil y Code 153. 012, . 073
A parent is entitled to access to all written records of a district con-
cerning the parent's child, inclu�ing attendance records, test
scores, grad�s, disciplinary records, counseling records, psycho-
logical records, applications for admission, health and immuniza-
tion information, teacher and school counselor evaluations, reports
of behavioral patterns, and records relating to assistance provided
for learning difficulties, including information collected regarding
any intervention strategies used with the child.
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"Intervention strategy" means a strategy in a multi-tiered system of
supports that is above the levei of intervention generally used in
that system with all children. The term includes response to inter-
vention and other early intervening strategies.
Education Code 26.004
Access by Whenever a student has attained 18 years of age or is attending
Student an institution of postsecondary education, the rights accorded to,
and consent required of, parents transfer from the parents to the
student.
Nothing in this section prevents a district from disclosing education
records, or personally identifiable information from education rec-
ords, to a parent without prior written consent of an eligible student
if the disclosure meets the conditions in 34 C.F.R. 99.31(a), includ-
ing if the student is a dependent for tax purposes or in the case of
a health or safety emergency.
34 C. F. R. 99. 5
If material in the education record of a student includes information
on another student, only the portion of the material relating to the
student whose records were requested may be inspected and re-
viewed. 34 C. F. R. 99.12(a)
Access by Others Personally identifiable information in education records shall not be
released without the written consent of the student's parents, ex-
cept to the following.
School Officials School officials, including teachers, who have legitimate educa-
tional interests. An administrator, nurse, or teacher is entitled to
access to a studenYs medical records maintained by a district for
reasons determined in district policy.
A contractor, consultant, volunteer, or other party to whom a district
has outsourced institutional services or functions may be consid-
ered a school official under this paragraph provided that the out-
side party:
Performs an institutional service or function for which the dis-
trict would otherwise use employees;
2. Is under the direct control of the district with respect to the
use and rr�aintenance of education records; and
3. Is subject to the requirements of 34 C.F.R. 99.33(a) governing
the use and redisclosure of personally identifiable information
from education records.
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A district must use reasonable methods to ensure that school offi-
ciais obtair�r access to only those education records in which they
have legitimate educational interests. A district that does not use
physical or technological access controls must ensure that its ad-
ministrative policy for controlling access to education records is
effective and that it remains in compliance with the legitimate edu-
cational interest requirement.
34 C.F.R. 99.31, .36; Education Code 38.009
Officials of Other Officials of other schools or school systems in which the student
Schools 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, provided that a district either:
Includes in its policies a statement that notifies the parent or
student that it forwards education records on request of the
other school to such officials; or
2. Makes a reasonable attempt to notify the parent (unless the
record transfer is initiated by the parent).
In either case, a district shall furnish a copy of the transferred rec-
ords to the parent if requested and shall give the parent an oppor-
tunity for a hearing to challenge the content of the record.
34 C. F. R. 99.34
Authorized Authorized representatives of the officials or agencies headed by
Government the Comptroller General of the United States, the Attorney General
Representatives of the United States, the Secretary of Education, or state and local
educational authorities who require access to student or other rec-
ords necessary in connection with the audit and evaluation of fed-
eral- or state-supported education programs or in connection with
the enforcement of or compliance with federal legal requirements
that relate to such programs. 34 C.F.R. 99.35
A district may not refuse to report information concerning a student
holding an F, J, or M visa on the basis of the Family Educational
Rights and PrivacyAct (FERPA) and any regulation implementing
FERPA. A district is authorized and required to report information
that would ordinarily be protected by FERPA only to the extent re-
quired by 8 U.S.C. 1372, 8 C.F.R. 214.3(g), or any corresponding
regulation. 8 U.S.C. 1372(c)(2); 8 C.F.R. 214.1(h)
Financial Aid Personnel involved with a student's application for, or receipt of,
Personnel financial aid.
Juvenile Justice State and local officials to whom such information is specifically
Officials allowed to be reported or disclosed by state statute if:
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The allowed reporting or disclosure concerns the juvenile jus-
tice system and its ability to effectively serve, prior to adjudi-
cation, the student whose records are released; and
2. The officials and authorities to whom such information is dis-
closed �er�ify in writing to the district that the information will
not be disclosed to any other party except as provided under
state law without the prior written consent of the parent of the
student.
A school district superintendent or the superintendent's designee
shall disclose information contained in a student's educational rec-
ords to a juvenile service provider as required by Family Code
58.0051 [see GRAC].
Education Code 37.084(a)
Organizations Organizations conducting studies for, or on behalf of, districts for
Conducting the purpose of developing, validating, or administering predictive
Studies tests, administering student aid programs, and improving instruc-
tion. Such studies must be conducted so that personal identifica-
tion of students and their parents will not be revealed to persons
other than authorized personnel of the organizations conducting
the studies who have legitimate interests in the information. Such
information must be destroyed when no longer needed for the orig-
inal purposes of the studies.
The district must enter into a writ#�n agreement with the organiza-
tion that:
Specifies the purpose, scope, and duration of the study or
studies and the ir�formation to be disclosed;
2. Requires the organization to use personally identifiable infor-
mation from education records only to meet the purpose or
purposes of the study as stated in the written agreement;
3. Requires the organization to conduct the study in a manner
that does not permit personal identification of parents and
students, as defined in this part, by anyone other than repre-
sentatives of the organization with legitimate interests; and
4. Requires the organization to destroy all personally identifiable
information when the information is no longer needed for the
purposes for whieh the study was conducted and specifies the
time period in which the information must be destroyed.
A district that enters into an agreement with an organization con-
ducting a study may redisclose personally identifiable information
from education records on behalf of educational agencies and insti-
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tutions that disclosed the information to the district in accordance
with the requirements of 34 C.F.R. 99.33(b).
A district is r�ot required to initiate a study or agree with or endorse
the conclusions or results of the study.
Accrediting Accrediting organizations that require the information for purposes
Organizations of accreditation.
Health or Safety Appropriate persons, including the student's parents, who, in an
Emergency emergency, must have such information in order to protect the
health or safety of the student or other person.
In making a determination, a district may take into account the to-
tality of the circumstances pertaining to a threat to the health or
safety of a student or other individuals. If the district determines
that there is an articulable and s�gnificant 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 in-
formation is necessary ta protect the health or safety of the student
or other individuals. If, based on the information available at the
time of the determination, there is a rational basis for the determi-
nation, the U.S. Department of Education (DOE) will not substitute
its judgment for that of the district in evaluating the circumstances
and making its determination.
34 C. F. R. 99. 36
Agriculture The Secretary of Agriculture, or authorized representative from the
Secretary Food and Nutrition Service, for the purposes of conducting pro-
gram monitoring, evaluations, and performance measurements of
districts receiving funding or providing benefits of programs author-
ized under the National School Lunch Act or the Child Nutrition Act.
20 U.S.C. 1232g(b)(1)(K)
Child Welfare An agency caseworker or other representative of a state or local
Agency child welfare agency who has the right to access a student's case
plan when the agency is legally responsible, in accordance with
state law, for the care and protection of the student. Records of the
student shall not be disclosed by the agency, except to an individu-
al or entity engaged in addressing the student's education needs
and authorized by the agency to receive the disclosure. Any sub-
sequent disclosure must be consistent with state laws applicable to
protecting the confidentiality of a student's education records. 20
U. S. C. 1232g(b)(1)(L)
Directory Any person requesting directory information after a district has giv-
Information en public notice of that definition. 34 C.F.R. 99.37
20 U. S. C. 1232g(b); 34 C. F. R. 99. 31
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Written Consent The parent shali provide a signed and dated written consent before
a district discloses personaily identifiable information from a stu-
dent's education records to any individual, agency, or organization
other than the parent, the student, or those listed above. Such
consent shall specify records to be released, the reason for such
release, and to whom the records are to be released. 34 C.F.R.
99.30
Information
Collection
U. S. DOE—
Funded Surveys
No student shall be required, as part of any program funded in
whole or in part by the U.S. DOE, to submit to a survey, analysis,
or evaluation that reveals information concerning the following top-
ics without the prior consent of the student (if the student is an
adult or emancipated minor), or„ in the case of an unemancipated
minor, without the prior written consent of the parent:
Political affiliations or beliefs of the student or the student's
parents.
2. Mental and psychological problems of the student or the stu-
dent's family.
3. Sex behavior and attitudes.
4. Illegal, anti-social, self-incriminating, and demeaning behav-
ior.
5
7
Critical appraisals of other individuals with whom students
have close family relationships.
Legally recognized privileged or analogous relationships,
such as those of lawyers, physicians, and ministers.
Religious practices, affiliations, or beliefs of the student or
student's parent.
8. Income, other than that required by law to determine eligibility
for participation in a program or for receiving financial assis-
tance under such program.
20 U. S. C. 1232h(b)
Funded by Other Except as provided by 20 U.S.C. 1232h(a) or (b), as a condition of
Sources receiving funds from programs funded in whole or in part by the
U.S. DOE, a district shall develop and adopt policies, in consulta-
tion with parents, pursuant to 20 U.S.C. 1232h(c)(1), and provide
for parent notification in accordance with 20 U.S.C. 1232h(c)(2). 20
U.S.C. 1232h(c)(1)—(4) [See EF]
Subpoenaed A district shall release student records to an entity or persons des-
Records ignated in a subpoena. A district shall not disclose to any person
the existence or contents of the subpoena if a court orders the dis-
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trict to refrain from such disclosure. Unless the court or other issu-
ing agency orders the district to refrain from such disclosure or the
order is an ex parte court order obtained by the U.S. Attorney Gen-
eral (or designee not lower than an Assistant Attorney General)
concerning investigations or prosecutions of an offense listed in 18
U.S.C. 2332b(g)(5)(B) or an act of domestic or international terror-
ism as defined in 18 U.S.C. 2331, the district shall make a reason-
able effort to notify the parents and the student of all such subpoe-
nas in advance of compliance, except when a parent is a party to a
court proceeding involving child abuse and neglect or dependency
matters, and the order is issued in the context of that proceeding.
20 U. S. C. 1232g(b) (1) (J), (b) (2) (B); 34 C. F. R. 99. 31(a) (9)
Sex Offenders A district may disclose personally identifiable information without
consent if the disclosure concerns sex offenders and other individ-
uals required to register under section 170101 of the Violent Crime
Control and Law EnforcementAct 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. 34 C.F.R. 99.31(a)(16)
Request Procedure Upon request of a properly qualified individual, access to a stu-
dent's education record shall be granted within a reasonable period
of time, not to exceed 45 days. A district shall respond to �����n�-
ble requests for explanations and interpretations of the records.
34 C. F. R. 99.10
Records A district shall not destroy any education records if there is an out-
Destruction standing request to inspect and review the records. 34 C.F.R.
99.10(e)
De-Identified A district, or a party that has received education records or infor-
Records mation from education records, may release the records or infor-
mation without the parent's written consent after the removal of all
personally identifiable information provided that the district or other
party has made a reasonable determination that a student's identity
is not personally identifiable, whether through single or multiple re-
leases, and taking into account other reasonably available infor-
mation.
Education
Research
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A district, or a party that has received education records or infor-
mation from education records, may release de-identified student
level data from education records for the purpose of education re-
search by attaching a code to each record that may allow the recip-
ient to match information received from the same source, provided
that:
1. A district or other party that releases de-identified data under
this section does not disclose any information about how it
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generates and assigns a record code, or that would allow a
recipient to identify a student based on a record code;
2. �Che record code is used for no purpose other than identifying
a de-identified record for purposes of education research and
cannot be used tca ascertain personally identifiable information
about a student; and
3. The record code is not based on a student's social security
number or other personal information.
Authenticating A district must use reasonable methods to identify and authenticate
Requestors' the identity of parents, students, school officials, and any other par-
Identities ties to whom the district discloses personally identifiable infor-
mation from education records.
34 �. F. R. 99. 3 9(b)—(c)
Transfer Not Personal information from student education records shall be
Permitted transferred to a third party only an the conditian that such party will
not permit any other party to have access to such information with-
out the written consent of the studenYs parent. If a third party per-
mits access to information in violation of this policy, a district shall
not permit access to information from education records to that
third party for a period of not less than five years. 20 U.S.C.
1232g(b) (4) (8); 34 C. F. R. 99. 33(a) (1)
A district shall inform a party to whom a disclosure is made of the
requirements of 34 C.F.R. 99.33, unless the disclosure is made
pursuant to a court order, lawfully issued subpoena, or litigation;
the disclosed information is directory information; the disclosure
concerns sex offenders; or the disclosure is made to a parent of a
student who is not an eligible student or to a student. 34 C.F.R.
99.33(c)—(d)
A district may disclose personally identifiable information with the
understanding that the party receiving the information may make
further disclosures of the information on behalf of the district if:
The disclosures meet the requirements of 34 C.F.I�. 99.31;
and
2. The district has complied with the requirements of 34 C.F.R.
99.32(b) regarding the record of disclosure; or a state or local
educational authority or federal official or agency listed re-
questing information through a subpoena or ex parte order
has complied with the requirements of 34 C.F.R. 99.32(b)(2).
34 C. F. R. 99. 33(b)
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Record of Access to Each school shall maintain a record, kept with the education record
Student Records of each student that indicates ali individuals, agencies, or organiza-
tions that have requested or obtained access to a student's educa-
tion records, as well as the names of state and local educational
authorities and federal officials and agencies listed in 34 C.F.R.
99.31(a)(3) that may make further disclosures of personally identi-
fiable information from the student's education records without
consent. A district must obtain a copy of the record of further dis-
closures maintained by the named authorities, officials, and agen-
cies under 34 C.F.R. 99.32(b)(2) and make it available in response
to a parent's request to review the record.
A district must record the following informatiorr when it discloses
personally identifiable information from education records under
the health or safety emergency exception [see Health or Safety
Emergency, above]:
The articulable and significant threat to the health or safety of
a student or other individuals that formed the basis for the
disclosure; and
2. The parties to whom the district disclosed the information.
34 C. F. R. 99.32
The records shall include at least the name of the person or agen-
cy that made the request and the legitimate interest the person or
agency had in the information. The record will be maintained as
long as the district maintains the student's education record. The
record of access shall be available only to parents, school officials
responsible for custody of the records, and those state, local, and
federal officials authorized to audit the operation of the system.
20 U. S. C. 1232g(b)(4)(A)
The record shall not include requests for access by, or access
granted to, parents of the student or officials of a district, requests
accompanied by prior written consent of the parent, requests for
directory information, or a party seeking or receiving records in ac-
cordance with a subpoena or ex parte order. 34 C.F.R. 99.32(d)
Right to Amend The parent of a student whose records are covered by this policy
may ask a district to amend the student's record if the parent be-
lieves it contains information that is inaccurate, misleading, or in
violation of the student's right of privacy or other rights. If a district
decides not to amend the education records requested, it shall in-
form the parent of its decision and his or her right to a hearing to
challenge the content of the student's education records.
If a district decides to amend the records as a result of the hearing,
it shall inform the parent in writing. If, as a result of the hearing, the
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district decides not to amend the records, it shall inform the parent
of the right to place a statement in the records commenting on the
contested information and/or stating why the parent disagrees with
the decision of the district. Any explanation shall be maintained
with the contested part of the record for as long as the record is
maintained and shall be disclosed whenever the contested portion
of the record is disclosed.
34 C. F. R. 99. 20—. 21
Fees for Copies No fee shall be charged to search far or to retrieve the education
records of a student. A fee may be charged for copies of education
records that are made for the parents or students under this policy
provided that the fee does not effectively prevent them from exer-
cising their right to inspect and review those records. Hardship
cases shall be dealt with on an individual basis. 20 U.S.C. 9232g;
34 C.F.R. 99.11; Education Code 26.012
Records of A district shall permit parents to inspect and review education rec-
Students with ords collected, maintained, or used for purposes of identifying,
Disabilities evaluating, placing, or educating students with disabilities.
34 C. F. R. 300. 6 9 3(a)
Access Rights In addition to policies applicable to all student records, the follow-
ing guidelines shall apply when parents of a student with disabili-
ties request to review or inspect district records relating to the edu-
cation of their child:
Parents may request that a representative inspect and review
the records. 34 C.F.R. 300.613(b)(3)
2. A district shall comply with a request without unnecessary de-
lay and before any meeting regarding an individualized edu-
cation program (IEP) or hearing relating to the identification,
evaluation, or placement of the child, and in no case longer
than 45 days after the request. 34 C.F.R. 300.613(a)
3. A district shall keep a record of persons obtaining access to
these student records (except access by parents and author-
ized employees), including name, date of access, and the
purpose for which the person is authorized to use the records.
34 C. F. R. 300. 614
Record Types A district shall provide parents on request a list of types and loca-
and Locations tions of education records. 34 C.F.R. 300.616
Parental Consent Parental consent must be obtained before personally identifiable
information is used for any purpose other than meeting a require-
ment under the Individuals with Disabilities Education Act or dis-
closed to anyone other than officials of agencies collecting or using
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this information. A district may not release information from these
records without parental consent except as provided in FERPA.
34 C. F. R. 300. 622
Confidentiality A district shall protect the confidentiality of personally identifiable
information in collection, storage, disclosure, and destruction of
records. One official in a dis�rict shall assume responsibility for en-
suring confidentiality of personally identifiable information. All per-
sons collecting or using this information shall receive training or
instruction concerning the legal requirements involved in handling
these records. A district shall maintain for public inspection a cur-
rent listing of the names and positions of employees who may have
access to this information. 34 C.F.R. 300.623
Information A district shall inform parents when personally identifiable infor-
Destruction mation collected, maintained, or used to provide special education
and related services is no longer needed to provide educational
services to the student. Such information shall be destroyed at the
request of the parents.
A permanent record of the student's name, address, phone num-
ber, grades, attendance record, classes attended, grade level
completed, and year completed may be maintained without time
limitation.
34 C. F. R. 300. 624
Annual Notification A district shall give parents of students in attendance and eligible
of Rights students in attendance annual notification of their rights under
FERPA.
The notice must inform parents or eligible students that they have
the right to:
Inspect and review the student's education records;
2. Seek amendment of the student's education records that the
parent or eligible student beli�ves to be inaccurate, mislead-
ing, or otherwise in violation of the student's privacy rights;
3. Consent to disclosures of personally identifiable information
contained in the student's education records, except to the
extent that the Act and 34 C.F.R. 99.31 authorize disclosure
without consent; and
4. File with the U.S. DOE a complaint �rnder 34 C.F.R. 99.63 and
99.64 concerning alleged failures by the district to comply with
the requirements of theAct and 34 C.F.R. part 99.
The notice must include all of the following:
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Directory
Information
"Directory
Information"
Defined
�:
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The procedure for exercising the right to inspect and review
education records.
The procedure for r�questing amendment of records under 34
C. F. R. 99.20.
3. If the district has a policy of disclosing education records un-
der 34 C.F.R. 99.31(a)(1), a specification of criteria for deter-
mining who constitutes a school official and what constitutes a
legitimate educational interest.
A district may provide this notice by any means that are reasonably
likely to inform the parents or eligible students of their rights.
A district shall effectively notify parents who are disabled and par-
ents of students who have a primary or home language other than
English.
20 U. S. C. 1232g(e); 34 C. F. R. 99. 7
"Directory information" means information contained in an educa-
tion record of a student that would not generally be considered
harmful or an invasion of privacy if disclosed. Directory information
includes the studenYs name, address, telephone listing, electronic
mail address, photograph, date and place of birth, dates of attend-
ance, grade level, enrollment status, participation in officially rec-
ognized activities and sports, weight and height of inembers of ath-
letic teams, honors and awards received, and the most recent
educational agency or institution attended. "Directory information"
does not include a studenYs:
2
Social security number; or
Student identification (ID) number, unless:
a. The student ID number, user ID number, or other unique
personal identifier used by a student for purposes of ac-
cessing or communicating in electronic systems 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 personal iden-
tification number (PIN), password, or other factor known
or possessed only by the authorized user; or
b. The student ID number or other unique personal identifi-
er that is displayed on a student ID badge cannot be
used to gain access to education records except when
used in conjunction with one or more factors that authen-
ticate the user's identity, such as a PIN, password, or
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Disclosure of
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Information
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other factor known or possessed only by the authorized
user.
A district may release directory information if it has given public no-
tice of:
The types of personaliy identifiable information that it has des-
ignated as directory information.
The right of the parent to refuse to permit the district to desig-
nate any or all of that information about the student as direc-
tory information.
3. The period of time within which the parent must notify the dis-
trict in writing that he or she does not want any or all of those
types of information about the student designated as directory
information.
In Class A parent or eligible student may not use the right of refusal to opt
out of directory information disclosures to prevent a district from
disclosing or requiring a student to disclose the student's name,
identifier, or institutional e-mail address in a class in which the stu-
dent is enrolled.
Former Students A district may disclose directory information about former students
without satisfying the public notice conditions above. However, the
district must continue to honor any valid request to opt out of the
disclosure of directory information made while a student was in at-
tendance unless the student rescinds the opt-out request.
Confirmation of A district may not disclose or confirm directory information without
Identity or meeting the written consent requirements in 34 C.F.R. 99.30 if a
Records studenYs social security number or other non-directory information
is used alone or combined with other data elements to identify or
help identify the student or the student's records.
34 C.F.R. 99.3, .37
Homeless Information about a homeless child's living situation shall be treat-
Students ed as a student education record, and shall not be deemed to be
directory information. 42 U.S.C. 91432(g)(3)(G)
Directory A district may designate as directory information any or all infor-
Information mation defined as directory information by FERPA. Directory infor-
Designation mation under that Act that is not designated by a district as directo-
ry information for that district is excepted from disclosure by the
district under Government Code Chapter 552. [See GBA]
Directory information consented to by a parent for use only for a
limited school-sponsored purpose, such as for a student directory,
student yearbook, or district publication, if any such purpose has
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been designated by a district, remains otherwise confidential and
may not be released under Government Code Chapter 552.
Annual Notice A district shail provide the following to the parent of each district
student, at the beginning of each school year or on enrollment of
the student after the beginning of the school year:
1. A written explanation of the provisions of FERPA regarding
the release of directory information about the student; and
2. Written notice of the right of the parent to object to the release
of directory information about the student under FERPA.
Contents The notice must contain:
The following statement in boldface type that is 14-point or
larger:
"Certain information about district students is considered di-
rectory information and will be released to anyone who fol-
lows the procedures for requesting the information unless the
parent or guardian objects to the release of the directory in-
formation about this student. If you do not want [insert name
of district] to disclose directory information from your child's
education records without your prior written consent, you
must notify the district in writing by [insert date]. [Insert name
of district] has designated the following information as directo-
ry information: �Here the district must include any directory in-
formation it chooses to designate as directory information for
the district, such as a student's name, address, telephone list-
ing, electronic mail address, photograph, degrees, honors,
and awards received, date and place of birth, major field of
study, dates of attendance, grade level, most recent educa-
tion institution attended, participation in officially recognized
activities and sports, and the weight and height of inembers of
athletic teams.]";
2. A form, such as a check-off list or similar mechanism, that:
a. Immediately follows, on the same page or the next page,
the required statement; and
b. Allows a parent to record:
(1) The parent's objection to the release of all directory
information or one or more specific categories of di-
rectory information if district policy permits the par-
ent to object to one or more specific categories of
directory information;
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(2) The parent's objection to the release of a second-
ary student's name, address, and telephone num-
ber to a military recruiter or institution of higher ed-
ucation; and
(3) The parent's consent to the release of one or more
specific categories of directory information for a lim-
ited school-sponsored purpose if such purpose has
been designated by the district and is specifically
identified, such as for a student directory, student
yearbook, or district publication; and
3. A statement that federal law requires districts receiving assis-
tance �nder the Elementary and Secondary Education Act of
1965 to provide a military recruiter or an institution of higher
education, on request, with the name, address, or telephone
number of a secondary student unless the parent has advised
the district that the parent does not want the student's infor-
mation disclosed without the parent's prior written consent.
Education Code 26.013
Student Notwithstanding the Directory Information provisions above, ea��
Recruiting district receiving assistance under the Elementary and Secondary
Information Education Act of 1965 (ESEA) shall provide, on a request made by
a military recruiter or an institution of hi�her education, access to
secondary school students' names, addresses, and telephone list-
ings unless a student's parent has submitted the prior consent re-
quest below.
Consent to A student who has attained 18 years of age or a parent of a sec-
Release ondary school student may submit a written request to a district
that the student's name, address, and telephone listing not be re-
leased for purposes described above without prior written consent.
Upon receiving such request, a district may not release the stu-
dent's name, address, and telephone listing for such purposes
without the prior written consent of the parent or student. A district
shall notify parents of the option to make a request.
No Opt-In Nothing in this provision shall be construed to allow a district to
Process withhold access to a student's name, address, and telephone list-
ing from a military recruiter or institution of higher education by im-
plementing an opt-in process or any other process other than the
written consent request process above.
20 U. S. C. 7908
Videotapes and A district employee must obtain the written consent of a child's par-
Recordings ent before the employee may make or authorize the making of a
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videotape of a child or record or authorize the recording of a child's
voice.
Exceptions A district employee is not required to obtain the consent of a child's
parent before the empioyee may make a videotape of a child or
authorize the recording of a child's voice if the videotape or voice
recording is to be used only for:
Information from
Law Enforcement
Oral Notice of
Arrest or Referral
2
3
4
5
The purposes of safety, including the maintenance of order
and discipline in common areas of the school or on school
buses;
A purpose related to a cocurricular or extracurricular activity;
A purpose related to regular classroom instruction;
Media coverage of the school; or
A purpose related to the promotion of student safety under
Educa#ion Gode 29.Q2�.
Education Code 26.009 [See EHA, EHBAF, FM, and FO]
Upon receipt of oral notice from the head of a law enforcement
agency or designee that the law enforcement agency has arrested
a student or referred a student to the juvenile board for a specified
offense [see GRAA], a superintendent shall immediately notify all
instructional and support personnel who have responsibility for su-
pervising the student. All personnel shall keep the information re-
ceived confidential.
Written Notice of Upon subsequent receipt of confidential, written notice of the arrest
Arrest or Referral or referral, a superintendent or designee shall send the information
i�r the confidential notice to a district employee having direct super-
visory responsibility over the student.
Oral Notice of Upon receipt of oral notice from a prosecuting attorney of a stu-
Conviction or dent's conviction, deferred prosecution, or adjudication of a speci-
Adjudication fied offense, including a statement as to whether the student is re-
quired to register as a sex offender, a superintendent shall, within
24 hours of receiving the notice, or before the next school day,
whichever is earlier, notify all instructional and support personnel
who have regular contact with the student.
Notice of Transfer Upon receipt of notice from a parole, probation, or community su-
ar Reenrollment pervision office having jurisdiction over a student that a student has
transferred or reenrolled, the superintendent of the district to which
the student transfers or returns shall, within 24 hours of receiving
the notice, or before the next school day, whichever is earlier, notify
all instructional and support personnel who have regular contact
with the student.
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A person who receives information described above shall not dis-
close it except as specifically authorized by Code of Criminal Pro-
cedure 15.27.
Required orai or written notice must include all pertinent details of
the offense or conduct, including details of any:
Assaultive behavior or other violence;
2. Weapons used in the commission of the offense or conduct;
or
3. Weapons possessed during the commission of the offense or
conduct.
Code of Criminal Procedure 15.27(a)—(c), (fl, (k)
Information received by a district under this provision shall not be
attached to the permanent academic file of the student who is the
subject of the report. A district shal[ destroy the information at the
end of the academic year in which the report was filed. Education
Code 37.017
Duty to Flag Upon receipt of notification from a law enforcement agency or the
Records missing children and missing persons information clearinghouse
that a child under 11 years of age who attended or who is enrolled
in the school is missing, the school shall flag the child's records
and maintain the records in its possession so that on receipt of a
request regarding the child, the school will be able to notify law en-
forcement or the missing children and missing persons information
clearinghouse that a request for a flagged record has been made.
Request in When a request for a flagged record is made in person, the school
Person may not advise the requesting party that the request concerns a
missing child and shall:
3
Require the person requesting the flagged record to complete
a form stating the person's name, address, telephone num-
ber, and relationship to the child for whom a request is made,
and the name, address, and birth date of the child;
Obtain a copy of the requesting party's driver's license or oth-
er photographic identification, if possible;
If the request is for a birth certificate, inform the requesting
party that a copy of a certificate will be sent by mail; and
4. Immediately notify the appropriate law enforcement agency
that a request has been made concerning a flagged record
and include a physical description of the requesting party, the
identity and address of the requesting party, and a copy of the
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requesting party's driver's license or other photographic iden-
tification.
After providing the information listed above, the school shall mail a
copy of the requested record to the requesting party on or after the
21 st day after the date of the request.
Request in When a request for a flagged record is made in writing, the school
Writing may not advise the requesting party that the request concerns a
missing child and shall immediately notify the appropriate law en-
forcement agency that a request has been made concerning a
flagged record and provide to the law enforcement agency a copy
of the written request. After providing the notification, the school
shall mail a copy of the requested record to the requesting party on
or after the 21 st day after the date of the request.
Removal of Flag On the return of a missing child under 11 years of age, the law en-
forcement agency shall notify each school that has maintained
flagged records for the child that the child is no longer missing. On
receipt of this notification, the school shall remove the flag from the
records.
A school that has reason to believe that a missing child has been
recovered may request confirmation that the missing child has
been recovered from the appropriate law enforcement agency or
the missing children and missing persons information clearing-
house. If a response is not received after the 45th day after the
date of the request for confirmation, the school may remove the
flag from the record and shall inform the law enforcement agency
or the missing children and missing persons information clearing-
house that the flag has been removed.
Code of Criminal Procedure 63.020—.022
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