Student Records
Board Policy No.  5125
Policy adopted September 20, 2018
Policy Revised: February 8, 2024

 STUDENT RECORDS

The Governing Board recognizes the importance of keeping accurate, comprehensive student records as required by law. The Superintendent or designee shall establish administrative regulations governing the identification, collection, retention, and security of student records. These regulations shall ensure the rights of authorized persons to have timely access to student records while maintaining the confidentiality of student records consistent with state and federal law.

The Superintendent or designee shall designate a certificated employee to serve as custodian of records with responsibility for student records at the district level. At each school, the principal or a certificated employee shall be designated as custodian of records for students enrolled at that school. The custodian of records shall be responsible for implementing Board policy and administrative regulation regarding student records. (5 CCR 431)

All appropriate personnel shall receive training regarding district policies and procedures for gathering and handling sensitive student information.

The district shall not collect or solicit social security numbers or the last four digits of social security numbers of students or their parents/guardians, unless otherwise required to do so by state or federal law. (Education Code 49076.7)

No information or documents regarding the citizenship or immigration status of students or their family members shall be collected, except as required by state or federal law or as required to administer a state or federally supported educational program. The Superintendent or designee shall not disclose student records to a person, agency, or organization for immigration enforcement purposes without parental consent, a court order, or a judicial subpoena. If a district employee receives such a request, he/she shall immediately report the request to the Superintendent. The Superintendent shall report the request to the Board in a timely manner that ensures the confidentiality and privacy of any potentially identifying information. (Education Code 234.7)

The Superintendent or designee shall not compile a list, registry, or database based on students' national origin, ethnicity, or religious belief, practice, or affiliation, nor shall he/she disclose student information to federal government authorities for the purpose of compiling such a list, registry, or database for purposes of immigration enforcement. Such information may only be compiled or exchanged with other local, state, or federal agencies if the information is aggregated and is not personally identifiable. (Government Code
8310.3)

Student Records from Social Media
The Superintendent or designee may gather and maintain information from the social media of any district student, provided that the district first notifies students and parents/guardians about the proposed program,  offers an opportunity for public comment at a regularly scheduled Board meeting, and gathers only information that directly pertains to school safety or student safety. (Education Code 49073.6)

Contract for Digital Storage, Management, and Retrieval of Student Records
The Superintendent or designee may enter into a contract with a third party for the digital storage, management, and retrieval of student records and/or to authorize a third party provider of digital software to access, store, and use student records, provided that the contract meets the requirements of Education Code 49073.1 and other applicable state and federal laws.

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Code,
5 CCR 16020-16027, Destruction of records of school districts
5 CCR 430-438, Individual student records
Bus. and Prof. Code 22580-22582, Privacy rights for California minors in the digital world
Bus. and Prof. Code 22584-22585, Student Online Personal Information Protection Act
Bus. and Prof. Code 22586-22587, Early Learning Personal Information Protection Act
Code of Civil Procedure 1985.3, Subpoena duces tecum
Education Code,
Ed. Code 17604, Delegation of powers to agents
Ed. Code 234.7, Student protections relating to immigration and citizenship status
Ed. Code 48201, Transfer student's record for acts that resulted in suspension or expulsion
Ed. Code 48853.5, Foster youth; placement, immunizations
Ed. Code 48902, Notification of law enforcement of specified violations
Ed. Code 48904-48904.3, Withholding grades, diplomas, or transcripts
Ed. Code 48918, Rules governing expulsion procedures
Ed. Code 48980, Parent/Guardian notifications
Ed. Code 48985, Notices to parents in language other than English
Ed. Code 49060-49079, Student records
Ed. Code 49091.14, Parental review of curriculum
Ed. Code 51745, Independent study
Ed. Code 56041.5, Rights of students with disabilities
Ed. Code 56050, Surrogate parents
Ed. Code 56055, Foster parents
Ed. Code 69432.9, Cal Grant program; notification of grade point average
Fam. Code 3025, Access to records by noncustodial parents
Fam. Code 6552, Caregiver's authorization affidavit
Gov. Code 7920.000-7930.215, California Public Records Act
H&S Code 120440, Immunizations; disclosure of information
Pen. Code 245, Assault with deadly weapon
W&I Code 16010, Health and education records of a minor
W&I Code 681, Truancy petitions
W&I Code 701, Juvenile court law

Federal Code,
16 CFR Part 312, Children's Online Privacy Protection Rule
20 USC 1232g, Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1232h, Privacy rights
26 USC 152, Definition of dependent child
34 CFR 300.501, Opportunity to examine records for parents of student with disability
34 CFR 99.1-99.67, Family Educational Rights and Privacy
42 USC 11434a, McKinney-Vento Homeless Assistance Act; definitions
Management Resources,
CA Office of the Attorney General Publication, Promoting a Safe and Secure Learning Environment for All:
Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018
CSBA Publication, Legal Guidance on Providing All Children Equal Access to Education, Regardless of
Immigration Status, February 2017
Federal Register, Final Rule and Analysis of Comments and Changes, Family Educational Rights and Privacy, December 9, 2008, Vol. 73, No. 237, pages 74806-74855
National School Boards Association Publication, Data in the Cloud: A Legal and Policy Guide for School Boards on Student Data Privacy in the Cloud Computing Era, April 2014
U.S. Department of Education Publication, Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Elementary and Secondary Schools, Oct 2007
U.S. Department of Education Publication, Joint Guidance on the Application of FERPA and HIPAA to Student Health Records, November 2008
U.S. Department of Education Publication, IDEA and FERPA Confidentiality Provisions, 2014
Website, CSBA District and County Office of Education Legal Services
Website, National School Boards Association
Website, U.S. Department of Education, Family Policy Compliance Office
Website, California Department of Education
Website, CSBA

Cross References,
0440, District Technology Plan
0440, District Technology Plan
1100, Communication With The Public
1113, District And School Websites
1113, District And School Websites
1113-E(1), District And School Websites
1114, District-Sponsored Social Media
1114, District-Sponsored Social Media
1312.3, Uniform Complaint Procedures
1312.3, Uniform Complaint Procedures
1312.3-E(1), Uniform Complaint Procedures
1312.3-E(2), Uniform Complaint Procedures
1340, Access To District Records
1340, Access To District Records
1400, Relations Between Other Governmental Agencies And The Schools
3250, Transportation Fees
3250, Transportation Fees
3260, Fees And Charges
3260, Fees And Charges
3290, Gifts, Grants And Bequests
3312, Contracts
3515, Campus Security
3515, Campus Security
3515.3, District Police/Security Department
3515.3, District Police/Security Department
3553, Free And Reduced Price Meals
3553, Free And Reduced Price Meals
3555, Nutrition Program Compliance
3555-E(1), Nutrition Program Compliance
3580, District Records
3580, District Records
4040, Employee Use Of Technology
4040-E(1), Employee Use Of Technology
4113.5, Working Remotely
4117.7, Employment Status Reports
4119.23, Unauthorized Release Of Confidential/Privileged Information
4158, Employee Security
4158, Employee Security
4213.5, Working Remotely
4219.21, Professional Standards
4219.21-E(1), Professional Standards
4219.23, Unauthorized Release Of Confidential/Privileged Information
4258, Employee Security
4258, Employee Security
4313.5, Working Remotely
4317.7, Employment Status Reports
4319.21, Professional Standards
4319.21-E(1), Professional Standards
4319.23, Unauthorized Release Of Confidential/Privileged Information
4358, Employee Security
4358, Employee Security
5000, Concepts And Roles
5020, Parent Rights And Responsibilities
5020, Parent Rights And Responsibilities
5021, Noncustodial Parents
5022, Student And Family Privacy Rights
5022, Student And Family Privacy Rights
5111, Admission
5111, Admission
5111.1, District Residency
5111.1, District Residency
5111.2, Nonresident Foreign Students
5112.1, Exemptions From Attendance
5112.1, Exemptions From Attendance
5112.2, Exclusions From Attendance
5113.1, Chronic Absence And Truancy
5113.1, Chronic Absence And Truancy
5113.12, District School Attendance Review Board
5113.12, District School Attendance Review Board
5113.2, Work Permits
5113.2, Work Permits
5119, Students Expelled From Other Districts
5121, Grades/Evaluation Of Student Achievement
5121, Grades/Evaluation Of Student Achievement
5123, Promotion/Acceleration/Retention
5123, Promotion/Acceleration/Retention
5125.1, Release Of Directory Information
5125.1, Release Of Directory Information
5125.1-E(1), Release Of Directory Information
5125.2, Withholding Grades, Diploma Or Transcripts
5125.3, Challenging Student Records
5126, Awards For Achievement
5126, Awards For Achievement
5131.1, Bus Conduct
5131.1, Bus Conduct
5131.2, Bullying
5131.2, Bullying
5131.61, Drug Testing
5131.7, Weapons And Dangerous Instruments
5131.7, Weapons And Dangerous Instruments
5138, Conflict Resolution/Peer Mediation
5141.21, Administering Medication And Monitoring Health Conditions
5141.21, Administering Medication And Monitoring Health Conditions
5141.22, Infectious Diseases
5141.22, Infectious Diseases
5141.23, Asthma Management
5141.23, Asthma Management
5141.24, Specialized Health Care Services
5141.26, Tuberculosis Testing
5141.27, Food Allergies/Special Dietary Needs
5141.27, Food Allergies/Special Dietary Needs
5141.3, Health Examinations
5141.3, Health Examinations
5141.31, Immunizations
5141.31, Immunizations
5141.32, Health Screening For School Entry
5141.33, Head Lice
5141.52, Suicide Prevention
5141.52, Suicide Prevention
5141.6, School Health Services
5141.6, School Health Services
5142.1, Identification And Reporting Of Missing Children
5144, Discipline
5144, Discipline
5144.1, Suspension And Expulsion/Due Process
5144.1, Suspension And Expulsion/Due Process
5144.2, Suspension And Expulsion/Due Process (Students With Disabilities)
5144.4, Required Parental Attendance
5144.4, Required Parental Attendance
5145.12, Search And Seizure
5145.12, Search And Seizure
5145.13, Response To Immigration Enforcement
5145.13, Response To Immigration Enforcement
5145.3, Nondiscrimination/Harassment
5145.3, Nondiscrimination/Harassment
5145.6, Parent/Guardian Notifications
5145.6-E(1), Parent/Guardian Notifications
5145.7, Sexual Harassment
5145.7, Sexual Harassment
5148, Child Care And Development
5148, Child Care And Development
5148.3, Preschool/Early Childhood Education
5148.3, Preschool/Early Childhood Education
6142.7, Physical Education And Activity
6142.7, Physical Education And Activity
6143, Courses Of Study
6143, Courses Of Study
6145.2, Athletic Competition
6145.2, Athletic Competition
6146.11, Alternative Credits Toward Graduation
6146.11, Alternative Credits Toward Graduation
6146.2, Certificate Of Proficiency/High School Equivalency
6146.2, Certificate Of Proficiency/High School Equivalency
6146.2-E(1), Certificate Of Proficiency/High School Equivalency
6158, Independent Study
6158, Independent Study
6159, Individualized Education Program
6159, Individualized Education Program
6159.1, Procedural Safeguards And Complaints For Special Education
6159.1, Procedural Safeguards And Complaints For Special Education
6159.2, Nonpublic, Nonsectarian School And Agency Services For Special Education
6159.2, Nonpublic, Nonsectarian School And Agency Services For Special Education
6159.3, Appointment Of Surrogate Parent For Special Education Students
6159.3, Appointment Of Surrogate Parent For Special Education Students
6162.5, Student Assessment
6162.51, State Academic Achievement Tests
6162.51, State Academic Achievement Tests
6162.8, Research
6162.8, Research
6163.4, Student Use Of Technology
6163.4-E(1), Student Use Of Technology
6164.2, Guidance/Counseling Services
6164.5, Student Success Teams
6164.5, Student Success Teams
6164.6, Identification And Education Under Section 504
6164.6, Identification And Education Under Section 504
6172.1, Concurrent Enrollment In College Classes
6172.1, Concurrent Enrollment In College Classes
6173, Education For Homeless Children
6173, Education For Homeless Children
6173-E(1), Education For Homeless Children
6173-E(2), Education For Homeless Children
6173.1, Education For Foster Youth
6173.1, Education For Foster Youth
6173.2, Education Of Children Of Military Families
6173.2, Education Of Children Of Military Families
6173.3, Education For Juvenile Court School Students
6175, Migrant Education Program
6175, Migrant Education Program
6178.1, Work-Based Learning
6178.1, Work-Based Learning
9011, Disclosure Of Confidential/Privileged Information
9321, Closed Session
9321-E(1), Closed Session
9321-E(2), Closed Session