CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION OBTAINED
WASHINGTON CALDWELL SCHOOL DISTRICT
THROUGH CHILD FIND ACTIVITIES
Washington Caldwell School District is required to locate,
identify, and evaluate all children, with disabilities, including
children with disabilities attending private schools in the school
district, and homeless children. The process of locating, identifying,
and evaluating children with disabilities is known as child find. This
notice informs parents of the records the school district will develop
and maintain as part of its child find activities.
This notice also informs parents of their rights regarding any
records developed. The school district gathers personally identifiable
information on any child who participates in child find activities.
Parents, teachers, and other professionals provide information to the
school related to the child’s academic performance, behavior,
and health. This information is used to determine whether the child
needs special education services. Personally identifiable information
directly related to a child and maintained by the school is a pupil
record. Pupil records include records maintained in any way including,
but not limited to, computer storage media, video and audiotape,
film, microfilm, and microfiche. Records maintained for personal use by a
teacher and not available to others and records available only to
persons involved in the psychological treatment of a child are not pupil
records.
The school district maintains several classes of pupil records.
• "Progress records" include grades, courses the child has
taken, the child's attendance record, immunization records, required
lead screening records, and records of school extra-curricular
activities. Progress records must be maintained for at least five years
after the child ceases to be enrolled.
• "Behavioral records" include such records as psychological
tests, personality evaluations, records of conversations, written
statements relating specifically to the pupil's behavior, tests relating
specifically to achievement or measurement of ability, physical health
records other than immunization and lead screening records, law
enforcement officers' records, and other pupil records that are not
"progress records." Law enforcement officers' records are
maintained separately from other pupil records. Behavioral records may
be maintained for no longer than one year after the child graduates or
otherwise ceases to be enrolled, unless the parent specifies in writing
that the records may be maintained for a longer period of time. The
school district informs parents when pupil records are no longer needed
to provide special education. At the request of the child's parents, the
school district destroys the information that is no longer needed.
• "Directory data" includes the student's name, address,
telephone listing, date and place of birth, major field of study,
participation in officially recognized activities and sports, weight and
height of members of athletic teams, dates of attendance, photographs,
degrees and awards received, and the name of the school most recently
previously attended by the student.
• "Pupil physical health records" include basic health
information about a pupil, including the pupil's immunization records,
an emergency medical card, a log of first aid and medicine administered
to the pupil, an athletic permit card, a record concerning the pupil's
ability to participate in an education program, any required lead
screening records, the results of any routine screening test, such as
for hearing, vision or scoliosis, and any follow-up to the test, and
any other basic health information, as determined by the state
superintendent.
Any pupil record relating to a pupil's physical health that is not
a pupil physical health record is treated as a patient health care
record under sections 146.81 to 146.84, Wisconsin Statutes. Any pupil
record concerning HIV testing is treated as provided under section
252.15, Wisconsin Statutes.
"The Family Educational Rights and Privacy Act (FERPA), the
Individuals with Disabilities Education Act (IDEA), and section 118.125,
Wisconsin Statutes, afford parents and students over 18 years of age
("eligible students") the following rights with respect to education
records:
• The right to inspect and review the student's education
records within 45 days of receipt of the request. Parents or eligible
students should submit to the school principal or appropriate school
official] a written request that identifies the records(s) they wish to
inspect. The principal will make arrangements for access and notify the
parent or eligible student of the time and place where the records may
be inspected. The school district will comply with the request
without unnecessary delay and before any meeting about an individualized
education program, or any due process hearing, and in no case more than
45 days after the request has been made. If any record includes
information on more than one child, the parents of those children have
the right to inspect and review only the information about their child
or to be informed of that specific information.
Upon request, the school district will give a parent or
eligible student a copy of the progress records and a copy of the
behavioral records. Upon request, the school district will give the
parent or eligible student a list of the types and locations of
education records collected, maintained, or used by the district
for special education. The school district will respond to reasonable
requests for explanations and interpretations of the records. A
representative of the parent may inspect and review the records.
• The right to request the amendment of the student's
education records that the parent or eligible student believes is
inaccurate or misleading. Parentsor eligible students may ask Washington
Caldwell School District to amend a record that they believe is
inaccurate or misleading. They should write the school principal,
clearly identify the part of the record they want changed, and
specify why it is inaccurate or misleading. If the district decides not
to amend the record, the district will notify the parent or eligible
student of the decision and the 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.
• The right to consent to disclosures of personally
identifiable information in the student's education records, except to
the extent that federal and state law authorize disclosure without
consent. The exceptions are stated in 34 CFR 99.31, Family Educational
Rights and Privacy Act regulations; Sec. 9528, PL107-110, No Child Left
Behind Act of 2001; and section 118.125(2)(a) to (m) and sub. (2m),
Wisconsin Statutes. One exception that permits disclosure
without consent is disclosures to school officials with legitimate
educational interests. A school official is a person employed by the
district as an administrator, supervisor, instructor, or support staff
member (including health or medical staff and law enforcement unit
personnel); a person serving on the school board; a person or company
with whom the district has contracted to perform a special task (such as
an attorney, auditor, medical consultant, or therapist); or a parent or
student serving on an official committee, such as a disciplinary or
grievance committee, or assisting another school official in performing
his or her tasks. A school official has a legitimate educational
interest if the official needs to review an education record in order to
fulfill his or her professional responsibility. Upon request, the
district discloses education records without consent to officials of
another school district in which a student seeks or intends to enroll.
Also the district discloses "directory data" without consent, unless the
parent notifies the district that it may not be released without prior
parental consent.
• The right to file a complaint with the U. S. Department of
Education concerning alleged failures by the District to comply with the
requirements of FERPA. The name and address of the Office that
administers FERPA is:
Family Policy Compliance Office, U.S. Department of Education,
400 Maryland Avenue, S.W.,
Washington, DC 20202-4605.