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Home » Legal » High School Civil Liberties Project » Personal School Records
Frequently Asked Questions on: Personal School Records What kind of information is kept in school records? We live in an information society, where important data can be sent across the globe in a matter of seconds, and where one computer CD-ROM can house as much data as a major metropolitan library. Most people agree that the easy flow of information makes our lives easier, but most people are also rightly concerned about protecting personal information like school records. Your student record is a short chronicle of your life. Schools keep records of your personal and academic achievements from kindergarten through graduation. And some schools keep those files long after the student had departed from school. Student records have everything from quantitative information like test scores; IQ tests and grades, but they also hold more private information like progress reports, psychological and psychiatric reports, and teacher evaluations. While your student record is a useful thing, schools often hang your record over your head like a threat or a punishment. The famous “that’s going on your permanent record” line is often used to intimidate students. Some schools try to put irrelevant information, such as your political or religious convictions, into your permanent record. New Hampshire, along with a few other states, prohibits schools from keeping records on irrelevant personal information. If you would like to know if there are any laws concerning private student records in your state, contact your local ACLU. Can I view my own student records? As a result of the Family Educational Rights and Privacy Act (1974) schools that receive federal funding must make student files available to parents or legal guardian. Students themselves must wait until they are 18 or older to view their own files. If you are over 18 you can designate a physician or other professional to have access to your records, and you can have your parents request in writing that your records be released to someone else: lawyer, relative, counselor, or friend. Schools have to respond to your request to see your record within 45 days and they may charge for copying costs. Who else can access my records? Lots of other people may want to see your student records like other teachers, social workers, employers, colleges, and the police. The level of protection your records have from other people looking at them varies from state to state. Generally, schools have the right to release information to people who have a “legitimate educational interest” in your records. For example if you were transferring schools, that would constitute a legitimate academic interest. If your school is subpoenaed by a court order, it must first try to notify your parents before releasing the records, and in some states only the superintendent is allowed to release you records. The only time that a school is allowed to release your records without getting your parents permission first is in an emergency situation where the information is necessary for your health and safety. Sometimes a school will release a student’s information for directories; your name, address, telephone number, and academic major, but your parents can request that you be left off such a list. What if an entry in my records is wrong? Although much of the information is quantitative data, such as scores on standardized tests, a great deal of it is subjective, such as what a teacher thinks of your development and behavior. Some information might not have anything to do with your academic or developmental growth; it could even contain unflattering, embarrassing or even potential harmful things. The opportunity for personal bias to taint your records is entirely possible. If there is information that you or parents believe is incorrect, irrelevant or unfair, there are ways to get it changed or deleted. You and your parents have the right to meet with school officials and to requesting parts of the records to be changed. If they refuse to change anything, you have the right to a formal hearing before an impartial third party where you can explain your reason for requesting the change. Even if the decision is not changed you and your parents have the right to place a statement in the record saying that you find the entry inaccurate and unfair. This becomes a permanent attachment to the record, and must be released along with any future requests for the record itself. Some states and schools give students and parents more opportunities to contest record entries then others. Consult with your local ACLU to find out the law in your state. Of course the more active interest you and your parents take in the accuracy of your school records, the less likely it is that your school will be inaccurate or sloppy in its record keeping. You and your parents should never sign any sort of blanket release, authorizing school permitting it to release your information at its own discretion. That can open the door for abuse of your privacy. Web Links: |
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