Confidentiality of Information
Confidentiality of Information
Ed 1126.01(b)(2); Ed 1119
The Milford School District adheres to the Confidentiality of Information regulations set forth in
the NH Standards Ed 1119.01(b)(1), the Federal Family Educational Rights and Privacy Act of
1974 20 U.S.C. 1232G, (FERPA) and its implementing regulations in 34 CFR Part 99 and the
Individuals with Disabilities Education Act (IDEA 2004; 34 CFR 300.610-627).
Annual Notice
- The District provides annual notice to families and students of their rights under FERPA.
This notice is published on each school’s website and is available in hard copy upon
request.
Access Rights
- Consistent with RSA 189:66 (IV)(a), parents or eligible students who wish to inspect
their child’s or their education records should submit a written request that
identifies the records they wish to inspect. The school will make arrangements for
access and notify the parent or eligible student of the time and place where the
records may be inspected. Access will be granted within 14 days of receipt of the
request.
Record of Access
- Each school will maintain and review at least annually a list of the names and positions
of those employees who may have access to personally identifiable student information. - The District keeps a record of parties obtaining access to education records collected,
maintained, or used under Part B of IDEA (except access by parents and authorized
employees of the participating agency), including the name of the party, the date access
was given, and the purpose for which the party is authorized to use the records.
Record on More than One Child
- If any education record includes information on more than one child, the parents of
those children have the right to inspect and review only the information relating to their
child or to be informed of that specific information.
Amendment of Records at Parent Request
- Parents or eligible students who believe records are inaccurate, misleading, or
otherwise in violation of the student’s privacy rights under FERPA may ask the school
to amend their child’s or their education record. The parent or eligible student
should submit a written request to the building Principal clearly identifying the part
of the record they want changed and specify why it should be changed. If the school
decides not to amend the record as requested by the parent or eligible student, the
school will notify the parent or eligible student of the decision and of their right to
request a hearing regarding the request for amendment.
- A request for a hearing must be submitted in writing to the building Principal, within
30 days of the date of the decision denying the requested amendment. Additional
information regarding the hearing procedures will be provided to the parent or
eligible student when notified of the right to a hearing. The rights pertaining to
access and challenging described herein are transferred to the student on the
attainment of his/her 18th birthday.
Consent
- Parents and eligible students have the right to provide written consent before the school
discloses personally identifiable information (PII) from the student's education records,
except to the extent that FERPA authorizes disclosure without consent. - One exception, which permits disclosure without consent, is disclosure to school officials
with legitimate educational interests. A school official has a legitimate educational
interest if he/she needs to review an education record (or to receive personally
identifiable information from an education record) in order to fulfill his/her professional
responsibility. School officials include persons employed by the School District (or the
School District’s school administrative unit) as an administrator, supervisor, instructor or
support staff member (such as guidance, health or medical staff and the district’s law
enforcement personnel, if any); members of the School Board; persons or companies
with whom the School District or school administrative unit has contracted to provide
specific services (such as attorneys, auditors, medical consultants, evaluators, experts, or
therapists); and volunteers who are under the direct control of the School District with
regard to education records. - The District shall ensure that persons collecting or using personally identifiable
information receive training or instruction regarding the State’s policies and procedures
pursuant to 34 CFR 300.623 (c). - Upon request, the school discloses education records without consent to officials of
another school or school district in which a student seeks or intends to enroll or is
already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
The School will make a reasonable attempt to notify the parent or student of the records
request unless it states in its annual notification that it intends to forward records on
request or the disclosure is initiated by the parent or eligible student.
List of Types and Locations of Records
- The District will provide parents on request a list of the types and locations of education
records collected, maintained, or used by the District
Fees
- The District may charge a fee for copies of records that are made for parents under this
part if the fee does not effectively prevent the parents from exercising their right to
inspect and review those records. Consistent with policy JRA adopted 3/19/07, an
eligible student and his/her parent, or either one, as applicable, shall have access to the
student record, and may have copies of any information in the record upon payment of a
reasonable fee.
Retention and Destruction of Special Education Records
The Milford School District will comply with State Adopted Records Retention Policies:
- Upon a student's graduation from high school, his or her parent(s)/guardian(s) may
request in writing that the District destroy the student's special education records,
including any final individualized education program. - The LEA shall include the parent’s right to inspect and review special education records
pursuant to RSA 189:66(IV)(a), the right to inspect and review the student’s education
records within 14 days after the day the school receives the request for access. - The parent(s)/guardian(s) may, at any time prior to the student's twenty-sixth birthday,
request, in writing, that the records be retained until the student's thirtieth birthday. - Absent any request by a student's parents to destroy the records prior to the
twenty-sixth birthday, or to retain such records until the student's thirtieth birthday, the
District shall destroy a student's records and final individualized education program
within a reasonable time after the student's twenty-sixth birthday, provided that all such
records be destroyed by the student's thirtieth birthday. - A permanent record of a student's name, address, and phone number, his or her grades,
attendance record, classes attended, grade level completed, and year completed may be
maintained without time limitation. 34 CFR 300.624. - The District shall provide parents/guardians, or where applicable, the adult student, with
a written notice of the District's document destruction policies upon the student's
graduation with a regular high school diploma or at the transfer of rights, whichever
occurs first. - The District shall provide public notice of its document destruction policy at least
annually.
If the rights accorded to parents are transferred to a student who reaches the age of majority,
the rights regarding education records are also transferred to the student. The LEA will provide
any notice required to the student and the parents.
The school district employee who is responsible for ensuring the confidentiality of any
personally identifiable information is:
Santina Thibedeau, Executive Director of Student Support Services