daca education records

Transcript

1 Questions and Answers about Education Records A. ducation r ecords and what are their uses ? What are e What are education record s ? 1. 2. What can I use education records for? 3. Where are education records located? 4. What should I do if I am a migrant student and my education records are located in multiple different schools? 5. Are there any legal requirements about how schools store and share education records? 6. How long must the school keep my education records? B. Who can a ccess education records ? 7. legal ri ght to view my education record s ? Who has a If I cannot understand English, or my parent does not understand English, do my parent (s) 8. or I have a right to get help from the school to understand the education records? 9. Can anyone other than me or my parent view my education records? 10. Can I ask someone else to view my education record for me ? 11. If I give consent for someone else to view my education records for me, does the school have to provide that person access to my education records? 12. When I request access to my education records, is the school required to give me a copy of my education records? ? How long 13. s does it generally take to access my education record C. with my education records under the federal How can I make changes or fix problems ? law called FERPA How can I change something if information 14. in my education record s is wrong? D. What about education records in the Migrant Student Information Exchange (MSIX) system? 15. What is the Migrant Student Information Exchange (MSIX) system? 16. What information is included in an MSIX Consolidated Student Record ? 17. Who is eligible to participate in the Migrant Education Program (MEP) , and how can I find out if I am or was eligible? 18. Does the MSIX Consolidated Student Record contain information from every school a migrant child has ever attended? 19. Should MSIX have information on a child if he or she was enrolled in the MEP, but not in a school? Who can request a copy of a MSIX Consolidated Student Record 20. ? 21. How ca n a child or the child’s parent request a copy of his or her MSIX Consolidated Student Record ? E. What can I do if I have additional questions about my rights related to my education records? 22. Where can I find more information about my rights related to my e ducation records under the federal law called FERPA? 23. Where can I find more information about my rights related to my education records under the federal law called IDEA? my education records under MSIX? 24. Where can I find more information about 39759.1

2 Where can I find mo re information about my rights related to my education records under 25. state law and local policy? A. What are e ducation records and what are their uses ? education record What are 1. s ? In general, education records are records about current and former students that are maintained by public, private, and parochial schools. Education records contain information arent’s or about a student, such as: a student’s name, address, and telephone number; a p guardian’s name and contact information; grades and test scores; health and immunization records; discipline reports; documentation of attendance; schools attended; courses taken; s including individualized awards conferred and degrees earned; and special education record education programs (IEPs). What can I use education records for? 2. Education records can be used for a number of different purposes. For example: Education records can be used when students apply for college or enter into othe  r types of education programs such as career training programs.  Students requesting consideration of Deferred Action for Childhood Arrivals (DACA) can submit their education records to show that they were enrolled in school or to help show the student’s co ntinuous presence in the United States, or, in other words, that the student lived in the United States for a continuous period of time. 3. Where are education records located? tended. If a Generally, education records are located at the school the student attends or at student transferred schools, the student’s education records may transfer with the student, but some education records may remain at a school the student attended in the past. Education records may also be located at the local school distric t of a school that the student attends or attended. It may be possible that education records on a student are also located at a State office that oversees local school districts. 4. What if I am a migrant student and my records are located in multiple di fferent schools? If you are or were a migrant student, some of your records may be included in the Migrant - Section D, Questions 15 Student Records Information Exchange (MSIX). Please see 2 1 for information about student education records in MSIX. Are there any legal requirements about how schools store and share 5. education records? Yes. l Rights and Privacy Act (FERPA) is a federal law that protects The Family Educationa the privacy of education records. Although both private schools and public schools maintain records on students, FERPA generally only applies to protect the privacy of education records maintained by public elementary and secondary schools, school districts, and postsecondary K institutions. gener ally does not apply to FERPA - 12 private and parochial schools unless these schools receive f ederal funds. 39759.1

3 If you are a student who is eligible to receive special education services under the Individuals provisions under that law that apply to with Disabilities Education Act (IDEA), there are also State laws your education records and generally these provisions are consistent with FERPA. If you would like more information about requirements under may also apply. or local policies the IDEA, state laws, or loc al policies , you should contact your school district. How long must the school keep my education records? 6. federal law to keep education records for It depends. Schools are not generally required by any set period of time. However, schools are prevented from destroying an education record if someone has already submitted a request to view the education record . State laws or local may also apply and policies a school to keep education records for a specific period of require time. IDEA has sp ecific requirements regarding de struction of education records of students can tell you about . with disabilities that your school district education records B. ccess ? Who can a 7. Do I have a legal right to view my education record s ? FERPA If you are under the age of 18, o guardian has the legal “right” under your parent or nly to inspect and review your education records . If you are age 18 or over or enrolled in a postsecondary institution (an “eligible student”) , then you have a right to v iew your own education records. Under FERPA, a parent includes any natural parent, guardian, or individual (such as a foster parent ) ac ting as parent in the absence of a parent or guardian. T he right to view the education records only covers a right to view the information in the student’s about that is in the records education records that is about that student, and not information any other student . 8. If I cannot understand English, or my parent does not understand English, do my parent(s) and I have a right to get help from the school to understand the education records? Federal civil rights laws require school districts to com municate effectively with students Yes. This means that the school must provide and parents who do not understand English. meaningful access to the information in the students’ education records. For example, if you or your parent requests to view your educat ion records, and you or your parent cannot by understand English, the school can provide meaningful assistance to you or your parent, providing a qualified interpreter or written translation, to help you understand the information in the education records in a language you can understand. anyone other than me or my parent view my education records? 9. Can Under FERPA, Yes. school district may disclose information from your education a school or records without your consent to specific entities , such as a State education office , or for specific purposes, such as to comply with a court order . You may also ask someone else to view your education records for you ( see Question 10 ). view Can I ask 10. se to my education record s for me? someone el Yes . Under FERPA, i f your parent or you ( if you are an “ eligible student ” ( s ee Question 7 ) parent or you (if you are an would like someone else to view your education record s , then your 39759.1

4 eligible student should provide written consent to the school or school district permitting that ) (s) Written consent i ncludes all of the following: person to access the record . Signature of th e eligible student or the parent of a non - eligible student consent ing  to see the to allow another education record (s) ; person ; ate that the consent was signed  D education record  of the person(s ) who may see the Name (s) ;  Description of the education record (s) that may be disclosed (or the information from the education record (s) that may be disclosed) ; and (s) reason for allowing the person or party  to see the education record The . I f you are a student covered by the IDEA, your parent or you (if you have reached the age of majority in your State (generally over 18) and parental rights have transferred to you), do es not need to provide consent when asking someone else to view your education records. Instead, under the IDEA parental rights have transferred to a representative of your parent or you (if ) the school cannot require you has a right to inspect and review your education records, and written consent from your parent or you before granting this request. 11. If I give consent for someone else to view my education records, does the school have to provide that person access to my education records? It depends . Unde r FERPA, the school may choose to provide that person access based on the consent you provided, but the school is not required to do so. f Under the IDEA, however, i you are a student covered by a representative of your IDEA, the school must provide the inspect access to pa rent (or you, if parental rights have transferred to you ( see Question 10 ) ) and review your education records , even without requiring written consent ( or y our parent’s al rights have transferred to you) . if parent your consent, When I 12. request access to my education records, is the school required to give me a copy my education record s ? of . S chools are required to allow parents and Generally, no eligible students to inspect and re are not required to p rovide copies of education records view education records, but schools from being able unless parent or eligible student the circumstances effectively prevent to the review the records without being sent a c opy , and the school does not want to arrange another way for the parent or eligible student to view the records . For example , if the parent does not live in commuting distance from the school and could not get to the school site to view the records , the school required to provide a copy or to make other arrangements for the parent is . to inspect and review the records the school f the school provides a copy I record s , of the may charge a reasonable education copying fee , unless charging the fee would prevent the parent or eligible student from being able to view the education record . s 13. How long does it generally take to access my education record s ? make education r Under , t he school is required to FERPA ecord s ready for review by the parent or eligible student within 45 days of a request . 39759.1

5 f you are a student who receives special under the IDEA, a school also I education services to view without unnecessary your education records delay and must comply with a request certain events required by the IDEA such as any meeting regarding an individualized before IEP ) education program ( ny due process hearing or resolution session. or a s or fix p roblems with my C. How can I make changes under education record the federal law called FERPA ? 14. How can I change something if information in my education r ecord s is wrong? or amend A student may request a correct ion parent or an eligible ment to a n education record that he or she believes is incorrect, misleading, or violates his or he r right of privacy. Generally, a FERPA amendment process may not be used to challenge a grade, disciplinary on, or other substantive decision made by a school official. The school is not required to decisi make the change but must consider the requested change. I f the school decides not to ma ke the requested change, then the school must inform the parent or eligible student of his or her right to a hearing on the matter. T he parent or eligible and , must student may have assistance or representation , at their own expense at the hearing hearing be the opportunity to present evidence at the hear ing . The decision provided with must be written and be based solely on evidence presented at the hearing. If the parent’s or eligible student's request is denied, the parent or eligible student has the right to include a statement in the record stating why he or she believes that the information contained in the , education record , or violates his or her right of privacy is incorrect, misleading why he or she dis agrees with the hearing decision, or both . What about records in the D. Migrant Student Information Exchange (MSIX) system? 15. What is the Migrant Student Information Exchange (MSIX) system? - based technology that allows States participating in the MSIX is a web ederal Migrant f Education Program (MEP) to share educational and health information on m igrant children who travel from State to State and who, as a result, have school records in multiple States. MSIX produces a Consolidated Student Record so that school staff members , such as guidance counselors and registrars, are able to quickly access a child’s previous enrollment records, secondary course history information, and academic assessments to determine the student’s appropriate placement within a new school. School staff are also informed about the availability of a child’s immunization recor d, as well as the existence of any medical alerts, prior to starting school. in MSIX may Any child, regardless of age, who has a stored Consolidated Student Record request a copy of this record. A parent , or an individual acting in place of the child’s parent, if the , also may request a copy of the child’s MSIX record if the child is a minor ( in most states 39759.1

6 child is ) . See Q uestion 2 1 for further information on how to make this under the age of 18 request. What information is included in an MSIX Consolidated Student Record ? 16. Every student in MSIX has a Consolidated Student Record . If a whose records are included student has participated in the MEP in multiple schools and/or States, MSIX joins the information that has been provided for each school and produces an individual Consolidated Student Record that details the student’s school history. The Consolid ated Student Record shows the schools in which a m igrant child was enrolled, the secondary classes the child has taken, the number of course credits the child received, and the results of any State or local assessments the child has taken. The d Student Record also provides information Consolidate m igrant child’s immunization records about the availability of the and shows whether the , m igrant child has a medical alert that should prompt the school to follow up further with the child’s parent. 17. What is the Migrant Education Program (MEP) and how can I find out if I am or was eligible ? Generally, children are eligible for the MEP if the child moved on their own or with their parents or guardians within the past three years across State or school district boundaries in order to obtain temporary or seasonal work in agriculture or fishing. However, each State must confirm that the child meets the program’s eligibility criteria , and y ou or your parent were likely . If you believe interviewed by a n MEP representative to determine whether you were eligible you are, or may have been, eligible for the MEP, you should school district verify this with any and where you think you were determined to be eligible fo where you attended school r the MEP . If you were determined to be eligible for the program, you may have an education record in MSIX . See Question 2 1 for information on access ing your Consolidated Student Record ur education records from MSIX, or for more general information on accessing yo Section B from the school or school district . Consolidated Student Record 18. Does the MSIX contain information from every school a migrant child has ever attended? Consolidated Student Record only contains information from those time Not necessarily. The periods in a m igrant child’s history when he or she was enrolled in the MEP. For example, a child was enrolled in the MEP while he or she was in third, fourth, and fifth grade. If the child’s ed in fifth grade and he or she did not re - qualify for the Program, MSIX MEP eligibility end would only have information from the schools the child attended during the third, fourth and fifth grades. The degree of participation of individual States in MSIX can also affect th e information available within MSIX. Sh ould MSIX have information on a child if he or she was enrolled in the MEP , but not in 19. a school? Yes. If the child was enrolled in the MEP, but not in school, MSIX should contain data on the child, but it will be l imited to demographic data (e.g., child’s name, date of birth, birth city, birth state, birth country, legal mother’s name, and legal father’s name) and the name(s) of the MEP(s) in which the child was enrolled . 39759.1

7 Who can request a copy of a MSIX Consolid 20. ated Student Record? child, you can request a copy of your own record. nt I f you If you are or were an eligible migra are a minor (if you are under the age of 18 in most states) y our parent or someone acting in (in place of a parent) can als o loco parentis request a copy of your record on your behalf. Consolidated 21. How can a child or the child’s parent request a copy of his or her MSIX Student Record ? An eligible migra nt child or the parent of a minor, eligible (or formerly (or formerly eligible) eligible ) migra nt child can request a copy of his or her MSIX Consolidated Student Record in one of three ways. These options are presented in the order that is easiest for both children t likely result in the quickest and most complete access to the and parents, and would mos child’s MSIX Consolidated Student Record . Option 1 The best way to obtain your MSIX Consolidated Student Record is generally by contact ing administration officials at any where the m igrant child attended and was enrolled school district in the MEP. School district personnel with access to MSIX will verify the child’s identity, or, i f applicable, the parent’s identity and the parent’s relationship to the child, by using reasonable methods . Once they consistent with the responsibilities outlined in the MSIX Rules of Behavior have verified this information, the school district staff will locate your or your child’s record in MSIX. chool district, you may contact the If you are unsuccessful in obtaining the record from the s State MEP Director ( see Option 2 . ) Option 2 Contact the State MEP Director at any State education agency (also referred to as a State Department of Education , or the like ) in a St ate where , State Department of Public Instruction the m igrant child lived and was enrolled in the MEP. Contact information for State MEP Directors is available at http://results.ed.gov or by calling the U.S. Department of Education’s . State MEP staff Office of Migrant Education (OME) at (202) 260 - 1164 with access to MSIX will verify the child’s identity, or, if applicable, the parent’s identity and the parent’s relationship to the child, by using rea consistent with the responsibilities outlined in the sonable methods y . Once MEP MSIX Rules of Behavior have verified this information, the State will locate staff your or your child’s record in MSIX. If you are unsuccessful in obtaining the record from the State MEP Director , you may contact the U.S. Department of Education ( see Option 3 ). ’s Office of Migrant Education (OME) Option 3 Contact the U.S. Department of Education’s Office of Migrant Education (OME) for specific instructions on how to access a copy of your or your child’s record in MSIX. OME can be contacted at: 39759.1

8 U.S. Department of Education Office of Migrant Education 400 Maryland Avenue, SW Washington, DC 20202 Phone: (202) 260 - 1164 Email: [email protected] Please ensure that your request includes your current contact information. There is generally no cost to request your record from the Department. While there may be a fee for records in e will contact you before ing to excess of 250 pages, w respond such requests. E. What can I do if I have additional questions about my education records and my rights related to my records ? 22. Where can I find more information about my rights related to my education records the federal law called FERPA? under More information about FERPA can be found on the U.S. Department of Education website at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html . Laws an d regulations about FERPA can be found in 20 U.S.C. 1232g and 34 CFR Part 99. The U.S. Department of Education’s Family Policy Compliance Office (FPCO) is available to provide assistance on FERPA , and can be contacted at: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202 - 5920 5327) - Phone: 1 - 800 - USA - LEARN (1 - 800 - 872 Where can I find more information about my rights related to my education records 23. under the federal law called IDEA? More information about IDEA can be found on the U.S. Department of Education website at http://idea.ed.gov/ Laws and regulations about the IDEA confidentiality provisions can be . found in 20 U.S.C. 1417(c) and 34 CFR §§ 300.610 - 300.626. 24. Where can I find more information about my education records in MSIX ? for the MEP can be found in section 1309 of the Laws and regulations about eligibility Elementary and Secondary Education Act of 1965, as amended (ESEA) and 34 CFR §200 .81. T he U.S. Department of Education’s Office of Migrant Education (OME) can also provide more information about MSIX and can be contacted at: U.S. Department of Education Office of Migrant Education 400 Maryland Avenue, SW Washington, DC 20202 Phone: (202) 260 - 1164 [email protected] Email: 39759.1

9 25. Where can I find more information about my rights related to my education records ? state law and local policy under the If you would like more information about requirements under the ID EA, state laws, or local policies , you should contact your school district. 39759.1

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