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Manual: Records Management

Contents

 

Record Retention

Utah State Archives has developed a Records Retention Schedule to ensure compliance with GRAMA (the Government Records Access Management Act).  Jordan School District requires some records to be kept for longer periods of time than required by the State of Utah. The Records Retention Schedule is a list of the school records and how long each should be retained. It is abbreviated from the original State retention schedule. Call Planning and Student Services for any additional clarification if there is a question on how long to retain a document. It is wise to err on the side of longer retention of records.

Records must be packaged in a specific manner in order to store them at the State Records Retention Center, away from your school site, or to be sent to State Archives for permanent storage.  Official archival boxes must be used, and can be purchased from office supply companies. The records must be packed according to State Archives specifications. Please call Planning and Student Services for assistance in packing and storing old records away from the school site.

Resources
Request to Access / Amend Records

Utah law only allows parents access to a student’s records. The school shall release records to the legal custodial parent/guardian or non-custodial parent/guardian, unless a court order restricts a non-custodial parent/guardian and the school has a record of such. In addition to Utah statutes (§53G-7-204), the Family Educational Rights and Privacy Act (FERPA) makes students’ school records confidential and lays out the requirements for student records requests.

Students who have 1) graduated or 2) turn 18 (whichever occurs last) or are 3) emancipated (eligible student) become the custodian of their own educational records. Parents/guardians do not have access to these students’ records without a written request of records authorized by the student.  An adult who requests records of a person who is 18 years or older must have court papers showing legal guardianship of that person or be able to prove that they claimed that person on their income taxes.

The school does not need to provide education records to parents at the time of the request, and can as long as the requested records are provided in a timely manner. Under FERPA, the school is required to make records ready for review by the parent or eligible student within 45 days of a request. If the parent is 50 miles or more away, the school can mail or fax the records with proof of identification.  Lunch records are considered a school record and the Skyward Gradebook is a school record; both the custodial and the noncustodial parent may have access to the student’s gradebook if the court orders allows or the custodial parent approves it in writing. Records do not include police records maintained by the school resource officer.

A school that receives a request for educational records shall:

Obtain a written “Request for Educational Records” for each instance of a records request. Written consent includes all of the following:

  • Signature of the eligible student or the parent of a non-eligible student consenting to allow another person to see the education record(s);
  • Date that the consent was signed;
  • Name of the person(s) who may see the education record(s);
  • Description of the education record(s) that may be disclosed (or the information from the education record(s) that may be disclosed); and
  • The reason for allowing the person or party to see the education record(s).

Verify that the requestor has a right to the educational record.

  • Verify identification (Picture ID and Skyward Family tab, Families #1 & #2)
  • If a non-custodial parent, consult the most recent legal document, and provide a courtesy call to the custodial parent/guardian prior to fulfilling the records request to determine if you have the most recent legal document.
Resources
Non-Custodial Parent Requests

A non-custodial parent has the right to written education records.  A new records request form must be completed for each request. A school may presume that the non-custodial parent of a minor child has authority to inspect and review the education records of the child unless the school/principal is provided with evidence that there is a legal binding instrument or court order which provides to the contrary. The school principal shall contact the custodial parent to determine if there is a court order or other legally binding document prohibiting the non-custodial parent access to the child’s education records. Access to a student’s record granted to a non-custodial parent includes electronic access to academic and attendance records unless court documents indicate otherwise.

Parent / Student Requests to Amend Records

The custodial parent, guardian, or 18-year-old student has a right to request the amendment of the student’s education record. Parents or eligible students may ask the school principal to amend a record that they believe is inaccurate or misleading in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

If the school decides not to amend the record as requested by the parent or eligible student, the school shall 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 through Planning and Enrollment.

Cumulative Permanent Record Guidelines

The Cumulative Permanent Record contains information for students attending school in Jordan School District. It documents student performance and is used for reference purposes.  The school principal is the custodian of student records at the school level, and should give proper training regarding use and release of records.  It is the school principal’s responsibility to ensure proper maintenance.

The cumulative record folder, which includes all of the records created as part of the student's instructional program, shall be purged of all outdated or irrelevant materials and of documents containing confidential medical information, social history, teachers' notes, reports from outside agencies, or other sensitive information included as an insert in the file, but not part of the cumulative/permanent record (JSD Policy AS61). Police records maintained by the school resource officer should not be part of the cumulative/permanent record.

The following should remain in the file:

  • Demographic (directory) information
  • Achievement test scores (Individual psychological testing requires a signed release.)
  • Copies of report cards with attendance records
  • Health records
  • Pertinent information concerning the student
Elementary School Cumulative Files
  • The permanent record shall show the legal name as it appears on the birth certificate on file at the Bureau of Vital Statistics.
  • Any pertinent information from other school districts shall be included in the file.
  • A written release is needed when an outside agency requests to see or copy the record, if it contains individual testing or confidential material.
  • When preparing for transferring of sixth grade files to middle school, discard duplicate and non-essential materials. Permanent records are to be delivered in person to the appropriate school by the staff of the sending school. The receiving school shall check the student list against each permanent record to assure all permanent records were received.  Each bundle must be accompanied by two alphabetized lists, which include the name of the sending school and the receiving school.  These lists shall be signed by both the sending and receiving school, with each school receiving a copy.
  • The original records of students in grades kindergarten through sixth shall be transferred to requesting schools. Copies of the original records may be provided to the parent(s)/legal guardian(s), if a request is received prior to the time the original records are transferred.
  • Retain permanent records until a student either promotes to the boundary middle school or withdraws and the file is requested.
  • Any school receiving a written request for student records shall comply within 30 days, and within 10 days for a military child.
  • When sending special education records to schools outside of the District, the original file should be transferred. Prior to sending these records, copies should be made of all legal documents including the permission forms, IEPs, and current classification date and kept in an inactive file.
  • The permanent file of a missing child shall not be transferred. If the school receives a request for a child who has been reported as missing, contact the local police department.
  • Maintain a record of date each record was requested, sent or received.  Transfer forms are available in "School Resources". The "Quarterly Entries/Exits" forms can be used as well.
Middle School Cumulative Files
  • The permanent record shall show the legal name as it appears on the birth certificate on file at the Bureau of Vital Statistics.
  • Any pertinent information from other districts shall be included in the file.
  • A certified copy of the cumulative/permanent record along with the original health record (Utah School Immunization Record) of students in grades 9 through 12 shall be transferred to requesting schools outside of Jordan School District. The original records and a copy of the health record of student in grades nine through twelve shall be archived at the Jordan District high schools.
  • The original records of students in grades 7 and 8 shall be transferred to requesting schools. Copies of the original records may be provided to the parent(s)/legal guardian(s), if a request is received prior to the time the original records are transferred.
  • When preparing for transferring of 9th grade files to high school, discard duplicate and non-essential materials. Permanent records are to be delivered in person to the appropriate school by the staff of the sending school. The receiving school shall check the student list against each permanent record to assure all permanent records were received.  Each bundle must be accompanied by two alphabetized lists, which need to include the name of the sending school and the receiving school.  The lists shall be signed by both the sending and receiving school, with each school receiving a copy.
  • Any school receiving a written request for student records shall comply within 30 days, and within 10 days for a military child.
  • The permanent file of a missing child shall not be transferred. If the school receives a request for a child who has been reported as missing, contact the local police department.
  • A written release is needed when an outside agency requests to see or copy the record, if it contains individual testing or confidential material.
  • Maintain a record  of date each record was requested, sent or received. Transfer forms are available in "School Resources". The "Quarterly Entries/Exits" forms can be used as well.
  • When sending special education records to schools outside of the District, the original file should be transferred. Prior to sending these records, copies should be made of all legal documents including the permission forms, IEPs, and current classification date and kept in an inactive file.
High School Cumulative Files
  • The permanent record shall show the legal name as it appears on the birth certificate on file at the Bureau of Vital Statistics.
  • Any pertinent information from other districts shall be include in the file.
  • A certified copy of the cumulative/permanent record along with the original health record (Utah School Immunization Record) of students in high school shall be transferred to requesting schools outside of Jordan School District. The original records and a copy of the health record of student in grades nine through twelve shall be archived at the Jordan District high schools.
  • When sending special education records to schools outside of the District, the original file should be transferred. Prior to sending these records, copies should be made of all legal documents including the permission forms, IEPs, and current classification date and kept in an inactive file.
  • Any school receiving a written request for student records shall comply within 30 days, and within 10 days for a military child.
  • The permanent file of a missing child shall not be transferred. If the school receives a request for a child who has been reported as missing, contact the local police department.
  • Retain all permanent records at the school for 3 years after graduation and then destroy. Transcripts are retained indefinitely.
  • Maintain a record of date each record was requested, sent or received. Transfer forms are available in "School Resources". The "Quarterly Entries/Exits" forms can be used as well.
  • A written release is needed when an outside agency requests to see or copy the record, if it contains individual testing or confidential material.
  • Retain the transcript indefinitely.
Special Education Files

All files of students receiving special services in Jordan School District must be retained until the student has reached the age of 27.  The file will move with the student's grade level cohort through the feeder system until the student reaches a high school or post secondary program. Once at this level, the record should be retained at that location until three years after graduation.  (Transcripts are kept indefinitely.)  At that point, the files will be stored off-site at the State Records Center, and parents or adult students may contact the Special Education Department at the District Office to obtain the file.

Each year Jordan School District will advertise in local city newspapers that special education records dated five years past the student’s twenty-second birthday will be destroyed.  Once the deadline for the advertisement has been met, the files will be destroyed.

YIC Files

All information maintained in permanent form regarding a youth in custody student, regardless of the source of the information, is an educational record for purposes of the Family Educational Rights and Privacy Act and is considered confidential student records. School records, which refer to custodial status, juvenile court records, and related matters, shall be kept separate from permanent (cumulative) school records, but may still be requested and provided to various agencies as long as the records are legally and properly requested (R277-709-10).

Record Requests and Subpoenas

The principal is the custodian of student records at the school level. This means that record requests and subpoenas for student records directed to the school should be filled at the school. Planning & Enrollment will assist schools when subpoenas involve records housed at multiple locations.

Record requests must be from a parent, legal guardian, or the student. Requests must be made in writing. When the identity of the requestor cannot be confirmed locally, the request must be notarized. Once received, the school has 45 days to respond to the request. If the requestor is a non-custodial parent, a courtesy call to the custodial parent should be made.

An official subpoena will be sent by an attorney or court official and does not necessarily require a judge’s seal. Subpoenas must be answered within 10 business days of receipt. The individual whose records have been subpoenaed must be notified by the school and given a window of time in which to pursue (if desired) court action to prevent the disclosure of records. This notification should be logged and kept with a copy of the subpoena and the records requested.

When complying with subpoenas or record requests, only records that currently exist may be accessed. Records and reports may need to be generated and printed in Skyward but schools should never create new sources of data in response to a request. Schools should only provide the records requested and should not volunteer or create additional information.

Records requests and subpoenas should be answered in the manner they were received or in the manner requested. When sending files via email, records must be transmitted via MoveIt. Records sent via the mail must be sent as certified mail with a delivery receipt.

Planning & Enrollment staff are also always available to consult with school staff on filling record requests or subpoenas and can consult on questions schools may face when working with these types of documents.

Subpoenas regarding employees should be directed to Human Resources.

Permanent Record Transfer

It is imperative that school personnel protect the privacy of students’ education records and comply with the Family Education Rights and Privacy Act.  This protection is lessened for students in a school setting. For the most part, a student’s privacy rights only extend to admissions information, education records, and conduct reports, making any disclosure of a student’s personal information to an unauthorized third party (without the student’s consent) illegal. However, a school administrators’ right to know and control the school environment where the safety of other students and members of the community is at stake, is protected.

The following information is provided to assist you:

  • A parent release is not required when transferring student records from one school to another. If a parent desires to take the permanent record when moving, make a photocopy of the record and give to the parent.  Keep the original permanent record until it is requested from the new school.
  • An archive copy of the cumulative folder is maintained in Skyward. Schools should download and send a copy of files in the cumulative folder in response to a record request. Requests should be sent via MoveIt to the receiving school.
  • Any school receiving a written request to forward a copy of a transferring student’s record to the new school shall comply within 30 days of the request, and within 10 days of the request for a military child’s records, unless the record has been flagged as a “Missing Child,” in which case the copy may not be forwarded and the requested school shall notify the police department.
  • Faxing student education records should only be considered when there are extreme extenuating circumstances that warrant faxing rather than mailing records. Student education records may be faxed when the following three conditions have been met:
    • Receipt of a written request from the requesting school
    • Written parental consent to fax records (sample form in “Resources” section)
    • Principal authorization
  • Skyward printouts of properly requested student records may be faxed to the district truancy specialist, other district departments requiring information, and juvenile court programs (call truancy specialist to verify which court programs can receive student records).
  • Emailing student records may be done only via Jordan School’s secure email service, MoveIt, which may be found on the Information Systems Gateway on the web. This email service provides the encryption necessary to ensure the security and privacy of student information.  Student records or any personally identifiable information shall not be sent via any other email service. 
  • In the event of a student death, the family may request the file.  If this occurs, you may give the original cumulative file to the family, make a certified copy of the cumulative file and send it to the Planning and Student Services Department at the end of the school year.
  • In the event that an out of district student leaves a Jordan District school and the school is not aware of where to send the file, contact the parents/guardians and/or use UTREX to locate the student's new school.  

Note:  A diploma, transcript, or report card may not be withheld from a transferring student due to non-payment of school fees (R277-705-8).

Secure District Mail

Secure District Mail (SDM) will allow a school or department to transfer sensitive or confidential information to another location inside the district without needing to hand deliver the file or pay for certified USPS mail delivery. This program supplements the current District interoffice mail system and will only be used for the secure transfer of single files (or multiple copies of the same file or document) from one district entity to another. The traditional District interoffice mail system and mail bags will continue to be used for files that are not sensitive or confidential. Schools may also choose to continue to use approved secure file transfers currently in use.

To participate in Secure District Mail, you'll need:

  • Photocopies of the SDM Form on pink copy paper. The form must be done on pink paper (any shade of pink) to allow SDM envelopes to stand out from normal district mail. The form is available on Planning & Enrollment’s website under “Forms/Resources” > “For Schools”.
  • Tamper-evident tape. A tamper-evident tape is one where the tape, if removed, leaves behind a message or other indicator that the file has been disturbed. This tape can be purchased from the District warehouse (catalog number 5108361).
  • Standard manila envelopes. Because SDM envelopes must be sealed with tamper-evident tape, envelopes cannot be reused and must be discarded. A “gently used” envelope for standard District mail may be used if the SDM form covers the list of previous recipients. For single files that are unable to fit in a manila envelope (such as special education files), a reasonably-sized small box may be used.
  • A contact person for SDM pickup and delivery.  Place SDM items directly into the district mail bag and leave them there until picked up.  School personnel do not need to alert Mailroom staff to the presence of SDM items; the Mailroom staff will sort the contents of the bag after pickup and sign as appropriate.   Example:  A Special Education teacher prepares a file for transfer.  The envelope is sealed with security tape and the pink form is attached. The teacher can complete the form up through the initial "Release By" field.  Mailroom staff will sign when they take custody of the item.

Thus, the process for sending a file through SDM is as follows:

  • The sender prepares the file and puts it in an envelope or, for larger special education files, an appropriately-sized box. Tamper-evident tape should be used to seal the envelope or box. Space is provided on the SDM form to attach the form to the envelope or box with the tamper-evident tape (although attaching the form can also be done with regular packing tape if the school wants to use the tamper-evident tape more conservatively).
  • The SDM mail form is completed. The form includes a “Subject” line for reference. This subject line should not include personally identifiable information (PII) about students or staff. Student ID numbers are acceptable when used in place of (not in addition to) the student’s name.
  • When the sender delivers the SDM package to the contact person/location, they should sign and date that they are releasing the package. If SDM packages will be held by a staff member until District mail staff arrive, the staff member should sign and date to release the package to the District mail staff, and put the SDM items in the district mailbag. SDM packages should be secured outside of school hours.
  • District mail staff will sign the form when they take custody of the SDM package. If feasible in their routes, an SDM package may be delivered the same day.
  • When the SDM package is delivered, the final recipient should make a copy of the signed and completed SDM form and send it back to the sender (through regular district mail as proof of delivery). The original copy stays with the file or folder that was transferred.
Resources