Madison Metropolitan School District Annual Notice of Confidentiality of Personally Identifiable Information, Student Record Information Rights Under the Protection of Pupil Rights Amendment (PPRA)
Pupil records include all records relating to individual pupils maintained by a school in any way (including, but not limited to, handwriting, computer storage media, video and audiotape, film, microfilm, and microfiche), except for any such records that are expressly excluded from the definition of pupil records by law (such as records maintained for personal use by a teacher and not available to others and records available only to persons involved in the psychological treatment of a child). Personally identifiable information about a student includes data contained within a pupil record including but not limited to: (a) The student's name; (b) The name of the student's parent or other family members; (c) The address of the student or student's family; (d) A personal identifier, such as the student's social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (f) 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 (g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.
The School District maintains several classes of pupil records.
- "Progress records" include grades, courses the child has taken, the child’s attendance record, immunization records, required lead screening records, and records of school extra-curricular activities. Progress records must be maintained for seven years after the child graduates or otherwise ceases to be enrolled.
- "Behavioral records" include such records as psychological tests, personality evaluations, records of conversations, written statements relating specifically to the pupil’s behavior, tests relating specifically to achievement or measurement of ability, physical health records other than immunization and lead screening records, law enforcement officers’ records, and other pupil records that are not "progress records." Law enforcement officers’ records are maintained separately from other pupil records. Behavioral records may be maintained for no longer than one year after the child graduates or otherwise ceases to be enrolled, unless the parent specifies in writing that the records may be maintained for a longer period of time. At the request of the child’s parents, the School District destroys the information that is no longer needed.
- "Directory data" includes the student’s name, address, telephone listing (unless the number is unlisted), date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, photographs, degrees and awards received, and the most recent previous educational agency or institution attended by the student.
- "Pupil physical health records" include basic health information about a pupil, including the pupil's immunization records, an emergency medical card, a log of first aid and medicine administered to the pupil, an athletic permit card, a record concerning the pupil's ability to participate in an education program, any required lead screening records, the results of any routine screening test, such as for hearing, vision or scoliosis, and any follow-up to the test, and any other basic health information, as determined by the State Superintendent. Any pupil record relating to a pupil’s physical health that is not a pupil physical health record is treated as a patient health care record under sections 146.81 to 146.84, Wisconsin Statutes. Any pupil record concerning HIV testing is treated as provided under section 252.15, Wisconsin Statutes.
The Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), and section 118.125, Wisconsin Statutes, afford parents and students over 18 years of age ("eligible students") the following rights with respect to education records:
The right to inspect and review the student’s education records within 45 days of receipt of the request. Parents or eligible students should submit to the school principal a written request that identifies the records(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. The School District will comply with the request without unnecessary delay and before any meeting about an individualized education program, or any due process hearing, and in no case more than 45 days after the request has been made. If any record includes information on more than one child, the parents of those children have the right to inspect and review only the information about their child or to be informed of that specific information. Upon request, the School District will give a parent or eligible student a copy of the progress records and a copy of the behavioral records. Such copies are subject to the District’s copy fee pursuant to Board Policy No. 4150. Upon request, the School District will give the parent or eligible student a list of the types and locations of education records collected, maintained, or used by the District for special education. The School District will respond to reasonable requests for explanations and interpretations of the records. A representative of the parent may inspect and review the records with parent permission.
The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate, misleading or otherwise violative of the student’s privacy rights. Parents or eligible students may ask Madison Metropolitan School District to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify the reason for requesting the change (i.e. why the record or a portion thereof is inaccurate or misleading). If the District decides not to amend the record, the District will notify the parent 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 parent or eligible student when notified of the right to a hearing.
The right to consent to disclosures of personally identifiable information in the student’s education records, except to the extent that federal and state law authorize disclosure without consent. The exceptions are stated in 34 CFR 99.31, Family Educational Rights and Privacy Act regulations; Sec. 9528, PL107-110, No Child Left Behind Act of 2001; and section 118.125(2)(a) to (p) and sub. (2m), Wisconsin Statutes.
One exception that permits disclosure without consent is disclosures to school officials with legitimate educational interests. A school official is a person employed by the District as an administrator, supervisor, instructor (including off-site, four-year-old kindergarten teachers), or support staff member (including health or medical staff); a member of the School Board; a person or entity with whom the District has contracted to perform a special task (such as an attorney, auditor, bus contractor, medical consultant, or therapist); a law enforcement officer who is individually designated by the School Board and assigned by the School District (commonly referred to as an Educational Resource Officer or ERO); or a volunteer, fieldwork student, student teacher, unpaid intern or official committee member expressly authorized by the District to assist another school official in performing a school function. A school official has a legitimate educational interest if the official needs to review or know the contents of an education record in order to fulfill his or her professional responsibility.
Upon request, the District discloses education records without consent to officials of another school district in which a student has enrolled or intends to enroll.
Also, to the extent consistent with Board of Education policy governing “directory data,” the District may disclose student "directory data" without consent, unless the parent notifies the District that such information may not be released without prior parental consent. A parent must notify the District of a decision to opt-out of the disclosure of “directory data” within 14 days of receiving annual notice of the District’s “directory data” policy.
The District may also disclose personally identifiable information without consent if the disclosure is necessary to protect the health or safety of a student or other persons.
In accordance with federal law and District policy, the District will disclose each secondary student’s name, address and telephone listing to a military recruiter or institution of higher education, upon request, unless parents or eligible students have completed and submitted District forms opting out of such disclosures. See Sec. 9528, PL107-110, No Child Left Behind Act of 2001; Sec. 544, PL 107-107, National Defense Authorization Act for Fiscal Year 2002; and Board of Education Policy 4156.
Finally, 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: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-4605.