The County Board recognizes the importance of maintaining the confidentiality of directory information and therefore authorizes the release of such information only in accordance with law, Board policy, and administrative regulation.
The County Superintendent or designee may release student directory information to representatives of the news media or nonprofit organizations in accordance with Board policy and administrative regulation.
(cf. 1112 - Media Relations)
The County Superintendent or designee may limit or deny the release of specific categories of directory information to any public or private nonprofit organization based on his/her determination of the best interests of district students. (Education Code 49073)
Absent a court order and in accordance with law, "directory information" shall not be released to any agency for the purposes of immigration enforcement.
(cf. 5022 - Student and Family Privacy Rights)
Access to Information from Student Records
1. Parents/guardians or eligible students have an absolute right to access student records related to their children/themselves.
a. LACOE will provide access to records within five business days from the date of the request.
b. If another student's name appears in the record, that name will be removed before the parent/guardian or eligible student has access to it.
2. Any person with written consent from the parent/guardian or eligible student may access a record specified by the person giving consent.
3. Military representatives may have access to directory information only.
4. LACOE will disclose student records under court order or subpoena.
a. LACOE will make a reasonable effort to notify the parent/ guardian or eligible student of the court order or subpoena for the student record.
5. Special Circumstances: Access to student records without parental consent or a court order.
a. LACOE shall allow access to those particular records relevant to the legitimate educational interests of the requestor to the following: may allow access to student records where one of the following has a legitimate educational interest in the information.
(1) LACOE staff, or trained School Attendance Review Board members who provide follow-up and referrals to students, if the information directly relates to their work
(2) Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation or provided or where the pupil intends to, or is directed to, enroll
(3) Authorized representatives of the Comptroller General of the United States, the Secretary of Education, and administrative head of an education agency, state education officials, or their respective designees, or the United States Office of Civil Rights, where the information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law, provided that except when collection of personally identifiable information is specifically authorized by federal law, data collected by those officials shall be protected in a manner that will not permit the personal identification of pupils or their parents by other than those officials, and personally identifiable data shall be destroyed when no longer needed for the audit, evaluation, and enforcement of federal legal requirements.
(4) Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19, 1974.
(5) Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
(6) A pupil 16 years of age or older or having completed the 10th grade who requests access.
(7) A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5, or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
(8) A prosecuting agency for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 [commencing with Section 48200] of Part 27) or with Compulsory Continuation Education (Chapter 3 [commencing with Section 48400] of Part 27).
(a) A probation officer, district attorney, or counsel of record for a minor for the purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
(b) For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
(c) Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
(9) A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information.
(10) A county placing agency for the purpose of fulfilling the requirements of the health and education summary required pursuant to Section 16010 of the Welfare and Institutions Code or for the purpose of fulfilling educational case management responsibilities required by the juvenile court or by law and to assist with the school transfer or enrollment of a pupil. School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by electronic mail, facsimile, electronic format, or other secure means.
LACOE may release information from pupil records to the following:
1. Teachers and school officials who are LACOE staff or from a school where the student will transfer may have access to the student's disciplinary record if the student posed a significant risk to the safety of the school community.
2. Parents/guardians or eligible students have the right to include a statement or response in the record of a disciplinary action.
3. Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons.
4. Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or his or her parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions which will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
5. The county elections official, for the purpose of identifying pupils eligible to register to vote, and for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
6. Accrediting associations in order to carry out their accrediting functions.
7. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations and the information will be destroyed when no longer needed for the purpose for which it is obtained.
8. Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068. This information shall be in addition to the pupil's permanent record transferred pursuant to Section 49068.
9. LACOE may disclose directory information unless the parent/ guardian provided advance written notice of an objection.
Access to Student Records of Students in Special Education Programs
1. Parents/guardians of students in special education programs have the same rights to access of student records as parents/guardians of students in any LACOE program or activity.
2. Students records for special education pupils may include: Individualized Education Programs (IEPs), assessments and related information, and general records, including Mandatory Permanent Records, Mandatory Interim Records, and Permitted Records.
3. To challenge information in a student record including special education information, parents/guardians may use the IEP review process or due process hearings in addition to the complaint process for challenging student records.
(cf. LACOE 7330 - Student Privacy)
Legal Reference:
EDUCATION CODE
234.7 Pupil Protections Relating to Immigration and Citizenship Status
49061 Definitions
49063 Notification of parents of their rights
49073 Release of directory information
49073.5 Directory information; military representatives; telephone numbers
49603 Public high schools; military recruiting
UNITED STATES CODE, TITLE 10
503 Military recruiter access to directory information
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
7908 Armed forces recruiter access to students and student recruiting information
CODE OF FEDERAL REGULATIONS, TITLE 34
99.1-99.67 Family Educational Rights and Privacy
Management Resources:
U.S. DEPARTMENT OF EDUCATION GUIDANCE
Access to High School Students and Information on Students by Military Recruiters, 2002
WEB SITES
U.S. Department of Education, Family Policy Compliance Office: http://www.ed.gov/policy/gen/guid/fpco/index.html
Policy LOS ANGELES COUNTY OFFICE OF EDUCATION
approved: June 19, 2018 Downey, California