Records Custodian

The Board designates the following individual to serve as the District’s Records Custodian:

Special Services

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

JOHN DOE,

et al.,

: CASE NO.: 2:91-cv-00464

:

Plaintiffs, :

JUDGE: WATSON

:

vs., :

MAGISTRATE JUDGE: KEMP

:

STATE OF OHIO,

et al.

:

:

Defendants. :

NOTICE TO PARENTS AND/OR GUARDIANS FROM FEDERAL COURT REGARDING RELEASE OF EDUCATIONAL INFORMATION HELD BY THE OHIO DEPARTMENT OF EDUCATION:

This is a message from the U.S. District Court in the case identified above. This notice may apply to you if you are a student or the parent or guardian of a student enrolled in an Ohio public school since 2013.

The purpose of this notice is to inform you that, as part of a lawsuit related to funding for special education, a request has been made to the Ohio Department of Education for educational information regarding individual Ohio public school students. The purpose of this notice is to inform you about the request, about the information to be disclosed, and about your right to object to the disclosure of the information.

The information that will be provided includes data for all Ohio students attending a school district or community school for the 2013/2014 school year. Some examples of the types of data include: a student identifying number; demographic information, such as school, grade, gender, race, age, and disability category; attendance statistics; information on suspensions and expulsions; and results on state tests such as the Ohio Graduation Tests, the Ohio Achievement Assessments, and the Third Grade Reading Guarantee.

Your student’s name, address, and

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social security number will not be disclosed because the Ohio Department of Education does not possess that information.

Once disclosed, the information is protected by an order of the court, and cannot be used for any purpose other than this litigation. No information will be disclosed beyond the participants in the litigation in a way that allows an individual student to be identified.

LAWSUIT AND REQUEST FOR EDUCATIONAL INFORMATION BY PLAINTIFFS

Disability Rights Ohio, a not-for-profit organization that represents persons with disabilities, has filed a class action lawsuit against the State of Ohio for a class consisting of all disabled students in Ohio public schools and disabled students seeking enrollment in Ohio public schools. The lawsuit challenges the way that Ohio funds the provision of special education services and other related services.

As part of the lawsuit, Plaintiffs have requested that the Ohio Department of Education disclose information that it stores in the Educational Management Information System, or "EMIS," which is a statewide data collection system for Ohio's primary and secondary education. Examples of EMIS data includes student statewide identifiers (SSID); demographic information, such as school, grade, gender, race, age, and disability category; attendance statistics; information on suspensions and expulsions; and results on state tests such as the Ohio Graduation Tests, the Ohio Achievement Assessments, and the Third Grade Reading Guarantee. EMIS does not include students’ names, addresses, or social security numbers.

The Court presiding over this matter has determined that some or all of the information that the Plaintiffs seek from EMIS may be relevant to the claims and defenses in this lawsuit and has ordered the Ohio Department of Education to provide this information to Plaintiffs. However, under the Family Educational Rights and Privacy Act

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("FERPA"), a federal law relating to education records, and under Ohio law, the information sought by Plaintiffs is confidential and generally cannot be disclosed without the permission of the person who the information is about. Education information that is protected by FERPA may, however, be disclosed without permission under Court Order. Before educational information may be released, affected students and parents must be provided notice that the information will be disclosed and be allowed an opportunity to object to the disclosure of such information.

CONSENT AND OPPORTUNITY TO OBJECT

If you do not object to the disclosure of information described above, you do not have to do anything.

If you object to the disclosure of information described above and you want to inform the Judge of your objection, you must do all of the following:

1. Write a letter to the Judge telling him what you object to;

2. On the first page of your letter, write in large or underlined letter: "OBJECTIONS TO DISCLOSURE OF FERPA INFORMATION IN DOE V. STATE, Case No. 91-464."

3. Mail your letter to:

Clerk’s Office: Judge Watson’s Docket

U.S. Courthouse

85 Marconi Boulevard

Columbus, Ohio 43215

A parent or guardian may object on behalf of a minor student, but must state in the objection the relationship that he or she has with the affected minor student.

DO NOT CALL THE COURT. THE COURT WILL NOT ACCEPT PHONE CALLS ABOUT THIS MATTER. YOU MUST SUBMIT YOUR OBJECTIONS IN

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WRITING.

You may also include your contact information such that the Court or the parties’ counsel may contact you to discuss your concerns.

Objections must be received no later than September 12, 2014. All objections will be maintained by the Court under seal, which means they will not be available to the public, but they will be available to the parties’ attorneys.

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Student Records

8330 - STUDENT RECORDS

In order to provide appropriate educational services and programming, the Board of Education must collect, retain, and use information about individual students. Simultaneously, the Board recognizes the need to safeguard students’ privacy and restrict access to students’ personally identifiable information.

Student "personally identifiable information" ("PII") includes, but is not limited to: the student's name; the name of the student's parent or other family members; the address of the student or student's family; a personal identifier, such as the student's social security number, student number, or biometric record; other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; other information that alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.

The Board is responsible for the records of all students who attend or have attended schools in this District. Only records mandated by the State or Federal government and/or necessary and relevant to the function of the School District or specifically permitted by this Board will be compiled by Board employees.

In all cases, permitted, narrative information in student records shall be objectively based on the personal observation or knowledge of the originator.

Student records shall be available only to students and their parents, eligible students, designated school officials who have a legitimate educational interest in the information, or to other individuals or organizations as permitted by law.

The term "parents" includes legal guardians or other persons standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child). The term "eligible student" refers to a student who is eighteen (18) years of age or older or a student of any age who is enrolled in a postsecondary institution.

Both parents shall have equal access to student records unless stipulated otherwise by court order or the law. In the case of eligible students, parents may be allowed access to the records without the student's consent, provided the student is considered a dependent under section 152 of the Internal Revenue Code.

A school official is a person employed by the Board as an administrator, supervisor, teacher/instructor (including substitutes), or support staff member (including health or medical staff and law enforcement unit personnel); and a person serving on the Board. The Board further designates the following individuals and entities as "school officials" for the purpose of FERPA:

1. persons or companies with whom the Board has contracted to perform a specific task (such as an attorney, auditor, insurance representative, or medical consultant), and

2. contractors, consultants, volunteers, or other parties to whom the Board has outsourced a service or function otherwise performed by the Board employees (e.g. a therapist, authorized information technology (IT) staff, and approved online educational service providers)

The above-identified outside parties must (a) perform institutional services or functions for which the Board would otherwise use it, employees, (b) be under the direct control of the Board with respect to the use and maintenance of education records, and (c) be subject to the requirements of 34 C.F.R. 99.33(a) governing the use and re-disclosure of PII from education records.

Finally, a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks (including volunteers) is also considered a "school official" for purposes of FERPA provided s/he meets the above-referenced criteria applicable to other outside parties.

"Legitimate educational interest" is defined as a "direct or delegated responsibility for helping the student achieve one (1) or more of the educational goals of the District" or if the record is necessary in order for the school official to perform an administrative, supervisory, or instructional task or to perform a service or benefit for the student or the student's family. The Board directs that reasonable and appropriate methods (including but not limited to physical and/or technological access controls) are utilized to control access to student records and to make certain that school officials obtain access to only those education records in which they have legitimate educational interest.

The Board authorizes the administration to:

1. forward student records, including disciplinary records with respect to suspensions and expulsions, upon request to a private or public school or school district in which a student of this District is enrolled, seeks or intends to enroll, or is instructed to enroll, on a full-time or part-time basis, upon condition that:

   1. a reasonable attempt is made to notify the student's parent or eligible student of the transfer (unless the disclosure is initiated by the parent or eligible student; or the Board's annual notification - Form 8330 F9 - includes a notice that the Board will forward education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer);

   2. the parent or eligible student, upon request, receives a copy of the record; and

   3. the parent or eligible student, upon request, has an opportunity for a hearing to challenge the content of the record;

2. forward student records, including disciplinary records with respect to suspensions and expulsions, upon request to a juvenile detention facility in which the student has been placed, or a juvenile court that has taken jurisdiction of the student;

3. forward student records, including disciplinary records with respect to suspensions and expulsions, upon request to a public school or school district in which a student in foster care is enrolled. Such records shall be transferred within one (1) school day of the enrolling school’s request;

4. provide "personally-identifiable" information to appropriate parties, including parents of an eligible student, whose knowledge of the information is necessary to protect the health or safety of the student or other individuals, if there is an articulable and significant threat to the health or safety of a student or other individuals, considering the totality of the circumstances;

5. report a crime committed by a child to appropriate authorities, and, with respect to reporting a crime committed by a student with a disability, to transmit copies of the student's special education and disciplinary records to the authorities for their consideration;

6. release de-identified records and information in accordance with Federal regulations;
    

7. disclose personally identifiable information from education records, without consent, to organizations conducting studies "for, or on behalf of" the District for purposes of developing, validating or administering predictive tests, administering student aid programs, or improving instruction;

   Information disclosed under this exception must be protected so that students and parents cannot be personally identified by anyone other than the representative of the organization conducting the study, and must be destroyed when no longer needed for the study. In order to release information under this provision, the District will enter into a written agreement with the recipient organization that specifies the purpose of the study. (See Form 8330 F14.) Further, the following personally identifiable information will not be disclosed to any entity: a student or his/her family member’s social security number(s); religion; political party affiliation; voting history; or biometric information.

   This written agreement must include: 1) specification of the purpose, scope, duration of the study, and the information to be disclosed; 2) a statement requiring the organization to use the personally identifiable information only to meet the purpose of the study; 3) a statement requiring the organization to prohibit personal identification of parents and students by anyone other than a representative of the organization with legitimate interests; and 4) a requirement that the organization destroys all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed.

   While the disclosure of personally identifiable information (other than social security numbers, religion, political party affiliation, voting record, or biometric information) is allowed under this exception, it is recommended that de-identified information be used whenever possible. This reduces the risk of unauthorized disclosure.

8. disclose personally identifiable information from education records without consent, to authorized representatives of the Comptroller General, the Attorney General, and the Secretary of Education, as well as State and local educational authorities;

   The disclosed records must be used to audit or evaluate a Federal or State-supported education program or to enforce or comply with Federal requirements related to those education programs. A written agreement between the parties is required under this exception. (See Form 8330 F16)

   The District will verify that the authorized representative complies with FERPA regulations.

   This written agreement must include: 1) designation of the receiving entity as an authorized representative; 2) specification of the information to be disclosed; 3) specification that the purpose of the disclosure is to carry out an audit or evaluation of a government-supported educational program or to enforce or comply with the program's legal requirements; 4) a summary of the activity that includes a description of methodology and an explanation of why personally identifiable information is necessary to accomplish the activity; 5) a statement requiring the organization to destroy all personally identifiable information when it is no longer needed for the study, along with a specific time period in which the information must be destroyed; and 6) a statement of policies and procedures that will protect personally identifiable information from further disclosure or unauthorized use.

   Under the audit exception, the District will use "reasonable methods" to verify that the authorized representative complies with FERPA regulations. Specifically, the District will verify, to the greatest extent practical, that the personally identifiable information is used only for the audit, evaluation, or enforcement of a government-supported educational program. The District will also ascertain the legitimacy of the audit or evaluation and will only disclose the specific records that the authorized representative needs. Further, the District will require the authorized representative to use the records only for the specified purpose and not to disclose the information any further, such as for another audit or evaluation. Finally, the District will verify that the information is destroyed when no longer needed for the audit, evaluation, or compliance activity.

9. request each person or party requesting access to a student's record to abide by Federal regulations and State laws concerning the disclosure of information.

The Board will comply with a legitimate request for access to a student's records within a reasonable period of time but not more than forty-five (45) days after receiving the request or within such shorter period as may be applicable to students with disabilities. Upon the request of the viewer, a record shall be reproduced, unless said record is copyrighted, or otherwise restricted, and the viewer may be charged a fee equivalent to the cost of handling and reproduction. Based upon reasonable requests, viewers of education records will receive explanation and interpretation of the records.

The Board shall maintain a record of each request for access and each disclosure of personally identifiable information. Such disclosure records will indicate the student, person viewing the record, their legitimate interest in the information, information disclosed, date of disclosure, and date parental/eligible student consent was obtained (if required).

Only "directory information" regarding a student shall be released to any person or party, other than the student or his/her parent, without the written consent of the parent, or, if the student is an eligible student, without the written consent of the student, except to those persons or parties stipulated by the Board's policy and administrative guidelines and/or those specified in the law.

DIRECTORY INFORMATION

The Board designates as student "directory information": a student's name.

School-assigned e-mail accounts shall not be released as directory information beyond these limited purpose(s) and to any person or entity but the specific online educational service provider and internal users of the District's Education Technology.

Directory information shall not be provided to any organization for profit-making purposes.

Parents and eligible students may refuse to allow the Board to disclose any or all of such "directory information" upon written notification to the Board.

In accordance with Federal and State law, the Board shall release the names, addresses, District-assigned e-mail addresses (if available), and telephone listings of secondary students to a recruiting officer for any branch of the United States Armed Forces or an institution of higher education who requests such information. A secondary school student or parent of the student may request in writing that the student's name, address, District-assigned e-mail address (if available), and telephone listing not be released without prior consent of the parent(s)/eligible student. The recruiting officer is to sign a form indicating that "any information received by the recruiting officer shall be used solely for the purpose of informing students about military service and shall not be released to any person other than individuals within the recruiting services of the Armed Forces." The Superintendent is authorized to charge mailing fees for providing this information to a recruiting officer.

Whenever consent of the parent(s)/eligible student is required for the inspection and/or release of a student's health or education records or for the release of "directory information," either parent may provide such consent unless agreed to otherwise in writing by both parents or specifically stated by court order. If the student is under the guardianship of an institution, the Superintendent shall appoint a person who has no conflicting interest to provide such written consent.

The Board may disclose "directory information," on former students without student or parental consent unless the parent or eligible student previously submitted a request that such information not be disclosed without their prior written consent.

The Board shall not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).

INSPECTION OF INFORMATION COLLECTION INSTRUMENT

The parent of a student or an eligible student has the right to inspect upon request any instrument used in the collection of personal information before the instrument is administered or distributed to a student. Personal information for this section is defined as individually identifiable information including a student or parent's first and last name, a home or other physical address (including street name and the name of the city or town), a telephone number, or a Social Security identification number. In order to review the instrument, the parent or eligible student must submit a written request to the building principal at least ten (10) business days before the scheduled date of the activity. The instrument will be provided to the parent or eligible student within ten (10 )business days of the principal receiving the request.

The Superintendent shall directly notify the parent(s) of a student and eligible students, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when such activities are scheduled or expected to be scheduled.

This section does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:

1. college or other postsecondary education recruitment, or military recruitment

2. book clubs, magazine, and programs providing access to low-cost literary products

3. curriculum and instructional materials used by elementary and secondary schools

4. tests and assessments used by elementary and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments

5. the sale by students of products or services to raise funds for school-related or education-related activities

6. student recognition programs

The Superintendent is directed to prepare administrative guidelines so that students and parents are adequately informed each year regarding their rights to:

1. inspect and review the student's education records;

2. request amendments if the parent believes the record is inaccurate, misleading, or violates the student's privacy rights;
    

3. consent to disclosures of personally identifiable information contained in the student's education records, except to those disclosures allowed by the law;

4. challenge Board noncompliance with a parent's request to amend the records through a hearing;

5. file a complaint with the United States Department of Education;

6. obtain a copy of the Board's policy and administrative guidelines on student records.

The Superintendent shall also develop procedural guidelines for:

1. the proper storage and retention of records including a list of the type and location of records;

2. informing Board employees of the Federal and State laws concerning student records.

The Board authorizes the use of the microfilm process or electromagnetic processes of reproduction for the recording, filing, maintaining, and preserving of records.

No liability shall attach to any member, officer, or employee of this Board as a consequence of permitting access or furnishing student records in accordance with this policy and regulations.

Any entity receiving personally identifiable information pursuant to a study, audit, evaluation, or enforcement/compliance activity must comply with all FERPA regulations. Further, such an entity must enter into a written contract with the Board of Education delineating its responsibilities in safeguarding the disclosed information. Specifically, the entity must demonstrate the existence of a sound data security plan or data stewardship program, and must also provide assurances that the personally identifiable information will not be redisclosed without prior authorization from the Board. Further, the entity conducting the study, audit, evaluation, or enforcement/compliance activity is required to destroy the disclosed information once it is no longer needed or when the timeframe for the activity has ended, as specified in its written agreement with the Board of Education. See Form 8330 F14 and Form 8330 F16 for additional contract requirements.

SAFE AT HOME/ADDRESS CONFIDENTIALITY PROGRAM

If a parent (or adult student), presents information to the District certifying that the parent (or adult student), his/her child, or a member of the parent’s household is a participant in the Safe at Home/Address Confidentiality Program administered by the Secretary of State, the Board shall refrain from including the student’s actual/confidential residential address in any student records or files (including electronic records and files) or disclosing the student’s actual/confidential residential address when releasing student records. Since student records are available to non-custodial parents, designated school officials who have a legitimate educational interest in the information, and other individuals or organizations as permitted by law (including the public in some situations), the Board shall only list the address designated by the Secretary of State to serve as the student’s address in any student records or files, including electronic records and files. Further, the Board shall use the student’s designated address for any and all communications and correspondence between the Board and the parent(s) of the student (or adult student). The student’s actual/confidential residential address shall be maintained in a separate confidential file that is not accessible to the public or any employees without a legitimate purpose.

Although the student’s actual/confidential address will not be available for release as directory information, the parent (or adult student) may also request that the student’s name and telephone number be withheld from any release of directory information. Additionally, if applicable, the student’s parent’s school, institution of higher education, business, or place of employment (as specified on an application to be a program participant or on a notice of change of name or address) shall be maintained in a confidential manner.

If a non-custodial parent presents a subpoena or court order stating that s/he should be provided with copies or access to a student’s records, the District will redact the student’s confidential address and telephone number from the student’s records before complying with the order or subpoena. The District will also notify the custodial/residential parent of the release of student records in accordance with the order or subpoena.

The intentional disclosure of student’s actual/confidential residential address is prohibited. Any violations could result in disciplinary action or criminal prosecution.

2021 Solomon Amendment: Subtitle C- General Service Authorities and Correction of Military Records SEC. 521.

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