Boulder Valley School District
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Boulder Valley School District
Adopted: date of manual adoption
Revised: August 22, 1991, October 27, 2020, May 13, 2025

STUDENT RECORDS

School District records are maintained in accordance with the Family Educational Rights and
Privacy Act (FERPA) and the Colorado Open Records Act. The School District shall be entitled to
take all actions and exercise all options with respect to its records as authorized under the law.

Content and Custody of Student Records

Each principal is responsible for maintenance of and access to the School’s students’ records.
Education records for all students who have left the School District will remain in the School
District’s student information databases in accordance with Colorado’s Records Management
for School Districts, currently for a period of seven years.

Student education records in all formats and media, including photographic and electronic, are
those records maintained by the School District that directly relate to the student. The records
of currently attending students may contain, but will not necessarily be limited to: directory information, academic work completed, level of achievement (standardized test scores, transcripts of courses and grades, honors received), attendance records, health information, evaluations, interest inventory results, family background information, teacher or counselor ratings and observations, reports of conduct, and any specialized programming documents, including Individualized Education Programs (IEPs). Electronic communications, including electronic mail, google chat, and similar tools or applications, that are not saved to a student’s file do not constitute a student education record maintained by the School District, and instead would be available in accordance with Board Policy KDB.

Student records do not include records of instructional, supervisory, and administrative personnel that are in the sole possession of the maker, and that are not accessible or revealed to any other person except a substitute, and records and documents that are privileged under law.

Nothing in this policy shall prevent administrators, teachers or staff from disclosing information derived from personal knowledge or observation and not derived from a student´s education records.

In accordance with applicable law, the School District will maintain with the education records a
record of requests for inspection and review of student education records, requests for copies of such records, and disclosure of personally identifiable information. Such records shall not include disclosures permitted under Disclosures Permitted Without Prior Consent, disclosures of directory information, and disclosures made pursuant to a report of suspected child abuse or neglect.

FERPA Rights

Access to student education records by parents and eligible students

A parent/guardian ("parent") has the right to inspect and review their child´s education records if the student is under 18 years of age. If a student is 18 years or older ("eligible student"), the student may inspect or review their own education records and provide written consent for disclosure of such records and the student’s personally identifiable information. However, the parent is also entitled to access their child´s education records, despite the lack of written consent from the eligible student, if the eligible student is a dependent for federal income tax purposes or the disclosure is in connection with a health or safety emergency. Access to student education records by parents or eligible students shall be in accordance with the regulation accompanying this policy.

In the absence of a binding agreement or court order restricting such access, the School District
will permit any parent of a student, whether the parent has custody of the student or not, to
inspect the students e'ducation records, and the School District may presume that any such
parent has the right to inspect such records.

Request to amend student education records

A parent or eligible student has the right to challenge any educational record on the grounds
that it is inaccurate, misleading, or in violation of the privacy or other rights of the student, but
grades cannot be challenged. Requests to amend a student education record shall be in
accordance with the regulation accompanying this policy.

Disclosure of Directory Information

The School District may disclose directory information from a student's record in accordance
with the following provisions:

1. "Directory information" means information contained in a student´s education record
that would not generally be considered harmful or an invasion of privacy if disclosed.
Directory information that may be released includes:

1. student's name, birth date, place of birth, and grade level;
2. participation in officially recognized sports and activities;
3. height and weight of athletic team members;
4. dates of attendance and enrollment status; and,
5. degrees, awards, honors, and other distinctions received.

Directory information also includes a student identification number or other unique
personal identifier displayed on a student ID badge or used by the student to access or
communicate in electronic systems, but only if the identifier cannot be used to gain
access to student education records except when used in conjunction with one or more
factors that authenticate the user´s identity, such as a password known only by the
authorized user.

2. The addresses and telephone numbers of students shall not be disclosed, except to law
enforcement agents conducting an investigation of a student if the agents show that it is
necessary for the investigation to have access to that information.

3. The parent of a student or an eligible student may, while the student is in attendance in
the Boulder Valley Public Schools, refuse to permit the designation of any and all
personally identifiable information as directory information with respect to that student
by providing a written request to the school of enrollment or as provided on the School
District’s website. 

Disclosure without written consent

Access to school records to others not listed below is forbidden unless prior written consent is
given by the parents or, in the case of a student 18 years of age or older, by the student. The
School District may disclose student education records or personally identifiable information
without written consent of the parent or eligible student if the disclosure meets one of the
following conditions:

1.  The disclosure is to a school official having a legitimate educational interest in the
student education record or the personally identifiable information. In accordance
with law, only those school officials who have a legitimate educational interest as
described in this policy shall be permitted access to specific student education
records.

a.  For purposes of this policy, a "school official" is a person employed by the
district as an administrator, supervisor, teacher or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board of Education; a person or company with whom the district has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, consultant ortherapist); a parent or student serving on an official committee, such as a
disciplinary or grievance committee; or a parent, student or other volunteer assisting another school official in performing their tasks.

b. For purposes of this policy, a "legitimate educational interest" means a disclosure to the school official is:  (1) necessary for that official to perform appropriate tasks that are specified in the position description or by a contract agreement; (2) used within the context of official district business and not for purposes extraneous to the official´s areas of responsibility; (3) relevant to the accomplishment of some task or to a determination about the student; and (4) consistent with the purposes for which the data are maintained.

2.  The disclosure is to officials of another school, school system or postsecondary institution that has requested the records and in which the student seeks or intends to enroll, or has enrolled. Any records sent during the student´s application or transfer period may be supplemented, updated or corrected as necessary.

3. The disclosure is to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state and local educational authorities.

4.  The disclosure is in connection with a student´s application for, or receipt of, financial aid.

5. To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released.

6. The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; to administer student aid programs; or to improve instruction.

7. The disclosure is to accrediting organizations for accrediting functions.

8. The disclosure is to the parent of an eligible student and the student is a dependent
for IRS tax purposes.

9. The disclosure is in connection with an emergency, if knowledge of the information is
necessary to protect the health or safety of the student or others.

10. The disclosure is to comply with a judicial order or lawful subpoena. The district shall
make a reasonable effort to notify the parent or eligible student prior to complying with the order or subpoena unless:

a. The court order or subpoena prohibits such notification; or
b. The parent is a party to a court proceeding involving child abuse and neglect
or dependency matters and the court order is issued in the context of that
proceeding.

11. The disclosure is to the Secretary of Agriculture, or authorized representative from the USDA Food and Nutrition Service or contractors acting on behalf of the USDA Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations and performance measurements of state and local educational agencies receiving funding or providing benefits of program(s) authorized under the National School Lunch Act or Child Nutrition Act.

12. The disclosure is to an agency caseworker or other representative of a state or local child welfare agency or tribal organization who has the right to access the student´s case plan because such agency or organization is legally responsible, in accordance with applicable state or tribal law, for the care and protection of the student.

13. The disclosure is of limited student information to military recruiting officers pursuant to Board Policy KLMA.

Disclosure of disciplinary information to school personnel

In accordance with state law, the principal or designee shall communicate (including but not limited to entering information in an accessible student database) disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person.

State law requires the principal or designee to inform the student and the student´s parent when disciplinary information is communicated and to provide a copy of the shared disciplinary information. The student and/or the student´s parent may challenge the accuracy of such disciplinary information through the process outlined in this policy and accompanying regulation.

Disclosure to Medicaid

In all cases in which a student is enrolled in the Colorado Medicaid program, the School District shall release directory information consisting of the student´s name, date of birth and gender to Health Care Policy and Financing (Colorado´s Medicaid agency) to verify Medicaid eligibility of students. The School District shall obtain written consent annually from a parent before the release of any non-directory information required for billing. To accomplish this, the School District shall take at least one of the following actions:

•  include a consent form with the "start of school" information each fall.
•  include a consent form with IEP packet materials.
•  include a consent provision on the Medical Emergency form.

Notification of Rights

The School District will annually notify the parents or eligible students of their rights pursuant to this policy. Complaints regarding violations of rights accorded parents and eligible students pursuant to the Family Educational Rights and Privacy Act may be made in accordance with Board Policy KE or as provided by federal law.

LEGAL REFERENCES

CROSS REFERENCES