5125 - Student Records

The San Bernardino County Superintendent of Schools (SBCSS) recognizes the importance of keeping accurate, comprehensive student records as required by law. The Superintendent or designee shall ensure that the SBCSS procedures for maintaining the confidentiality of student records are consistent with state and federal law.

The Superintendent or designee shall establish procedures governing the identification, retention, and security of student records. These procedures shall ensure the rights of authorized persons to have timely access to student records and shall protect students and their families from invasion of privacy.

(cf. 3580 - District Records)
(cf. 4040 - Employee Use of Technology)
(cf. 5125.1 - Release of Directory Information)
(cf. 5125.3 - Challenging Student Records)
(cp. 5125.20 – Withholding Grades, Diplomas, Transcripts)

Custodian of Records

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 policy and procedures regarding student records. (5 CCR 431)

Student Records from Social Media

The Superintendent or designee may gather and maintain information from the social media of any county student, provided that SBCSS 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)

(cf. 0450 - Comprehensive Safety Plan)
(cf. 5131.2 - Bullying)
(cf. 5145.6 - Parental Notifications)

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.

(cf. 3312 - Contracts)

Legal Reference:
EDUCATION CODE

• 17604 Contracts
• 48201 Student records for transfer students who have been suspended/expelled
• 48853.5 Foster youth; placement, immunizations
• 48902 Notification of law enforcement of specified violations
• 48904-48904.3 Withholding grades, diplomas, or transcripts
• 48918 Rules governing expulsion procedures
• 48980 Parental notifications
• 48985 Notices in parent/guardian's primary language
• 49060-49079 Student records
• 49091.14 Parental review of curriculum
• 51747 Independent study
• 56041.5 Rights of students with disabilities
• 56050 Surrogate parents
• 56055 Foster parents
• 69432.9 Cal Grant program; notification of grade point average

BUSINESS AND PROFESSIONS CODE
22580-22582 Digital privacy
22584-22585 Student Online Personal Information Protection Act

CODE OF CIVIL PROCEDURE
1985.3 Subpoena duces tecum

FAMILY CODE
3025 Access to records by noncustodial parents
6552 Caregiver's authorization affidavit

GOVERNMENT CODE
6252-6260 Inspection of public records
HEALTH AND SAFETY CODE
120440 Immunizations; disclosure of information

PENAL CODE
245 Assault with deadly weapon

WELFARE AND INSTITUTIONS CODE
681 Truancy petitions
701 Juvenile court law
16010 Health and education records of a minor

CODE OF REGULATIONS, TITLE 5
430-438 Individual student records
16020-16027 Destruction of records of school districts

UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
1232h Protection of Pupil Rights Amendment

UNITED STATES CODE, TITLE 26
152 Definition of dependent child

UNITED STATES CODE, TITLE 42
11434a McKinney-Vento Homeless Assistance Act; definitions

CODE OF FEDERAL REGULATIONS, TITLE 16
Part 312 Children's Online Privacy Protection Rule

CODE OF FEDERAL REGULATIONS, TITLE 34
99.1-99.67 Family Educational Rights and Privacy
300.501 Opportunity to examine records for parents of student with disability

Management Resources:
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 PUBLICATIONS
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 PUBLICATIONS
Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to Student Health Records, 2008
Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Elementary and Secondary Schools, October 2007

WEB SITES
California Department of Education: 
http://www.cde.ca.gov
National School Boards Association: 
http://www.nsba.org
Family Educational Rights and Privacy Act (FERPA):
https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Approved: May 24, 1994
Revised: Dec. 3, 2002
Revised: February 3, 2016