May 4, 2022 Managing Student Records

MANAGING STUDENT RECORDS

By: Cassie Black

Kriha Boucek

Managing Student Records

As we near the end of the school year we frequently get questions related to student records. What exactly is a student record? What do we have to keep? What can we throw away? Does it matter where we store student records?

The answers to these questions are not always so straightforward, especially with the growing popularity of electronic storage of information and the use of multiple databases to store information. However, we’ve identified the top questions we receive related to student records, focusing on those questions that are relevant to special education teachers and related service providers.

What is a student record?

Under the Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act (ISSRA), a student record is any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored.

 Student records do not include:

●     Writings or other recorded information maintained by an employee of a school or other person at the direction of a school for his or her exclusive use as long as: 1) this information is destroyed not later than the student's graduation or permanent withdrawal from the school; and 2) the information is not shared with anyone else (except a person designated by the school as a substitute unless they are first incorporated in a school student record and made subject to all of the provisions of this Act).

●     Information maintained by law enforcement professionals working in the school.

● Contents of a video or other electronic recording, including on a school bus, unless the video/electronic records are used and maintained for a particular reason (e.g., disciplinary action or compliance with a student's Individualized Education Program) regarding that specific student.

 While it is beyond the scope of this article, student records are further categorized by permanent and temporary records, with districts required to retain permanent records for 60 years after a student withdraws, transfers, or graduates from the district and temporary records for five years after a student withdraws, transfers, or graduates from the district. Special education records, and the types of records we will discuss below, are generally considered temporary records.

 

Does it matter where student records are stored?

While each district typically has a procedure for storing student records, it is important to note that there are no legal requirements regarding how or where student records are stored. If a record individually identifies a student, is maintained by the district or its employee, and does not meet one of the exceptions above, it is considered a student record, no matter where it is stored. As technology becomes more prevalent in teaching and learning, districts typically use multiple databases to store information. With this in mind, it is important that districts have an understanding of all the databases used to store information and that employees have a good understanding of what constitutes a student record so that districts comply with relevant laws related to student records.

 

Are personal notes, progress notes, and/or lesson plans considered student records?

Generally, lesson plans are not student records, as they aren’t related to or identify specific students. Similarly, personal notes are not considered student records as long as they are not shared with anyone else (except a sub) and are destroyed no later than the student’s graduation or permanent withdrawal from school. Therapy notes, progress notes, and data collection related to student IEP goals are considered student records and should be maintained as such.

 

Are emails considered student records?

Emails are considered student records when the above criteria are met. We are often asked if this is true even when the district uses student initials or ID numbers to identify students. While this may be a good practice to protect student privacy and prevent unauthorized disclosure of information to individuals who do not have a legitimate educational interest, the use of initials or ID numbers does not prevent the email from being considered a student record.

 

Do we need to hold onto test protocols once we’ve finished evaluating a student and have written the report? If so, do we only keep the first page if that is the only page that has identifying information?

Test protocols are student records, and like other temporary student records, must be kept for five years after the student withdraws, transfers, or graduates from the district. Even if identifying information is only included on the first page, the entire booklet is considered the student record and should be retained.  Depending on district practices, test protocols are often kept in the teacher or related service provider’s office or the district’s special education file. Additionally, with computer-based scoring, the protocol could be “stored” in the database. Where information is stored is a district decision and regardless of where it is stored, it is considered a temporary record.

Can we share test protocols with parents?

FERPA neither prohibits nor requires that districts share testing protocols with parents as it only allows parents the right to inspect and review student records. However, ISSRA allows parents the right to inspect and copy student records. Another state law, the Mental Health & Developmental Disabilities Confidentiality Act states that psychological testing materials whose disclosure would compromise the objectivity or fairness of the testing process may not be disclosed except to a psychologist designated by the parent/guardian and/or student. See 740 ILCS 110/3(c). Additionally, ISSRA states that when access to student records is granted, at either the request of that individual or the district, a qualified professional may be present to interpret the information contained in the student’s temporary record. See 105 ILCS 10/5(b).

Districts are often concerned about sharing testing protocols with parents because raw data may not be meaningful to parents without being accompanied by an interpretation. Additionally, districts also often express concerns related to copyright issues. To address these concerns, and to comply with the various laws described above, districts may choose to invite parents or other individuals in to review test protocols with a school staff member qualified to interpret the results rather than release protocols. Additionally, districts may release protocols to individuals qualified to interpret the results.

Final thoughts

The end of the year is a good time to review your district procedures related to student records and share this information with staff. It’s also a great time to clean up student records by getting rid of duplicate documents as you transfer documents from one attendance center or district to another. This summer may also be a great time to identify all of the data management systems used in your district so that you are ready to respond efficiently to your next request for student records.