Administrative Regulation 503.06E
Dissemination of Cumulative Records and the information contained therein may be made to only the following without prior written consent, subpoena, or court order and then only under the terms specified:
- Authorized school staff employed by the District, clerical personnel responsible for the custody and keeping of the record, and certificated staff of the Area Education Agency serving students in the District, who have a legitimate educational interest and other persons on the staff who have been determined by the superintendent, principal, or person in charge of the attendance center to have a legitimate educational interest.
- The District Board of Directors when called upon to decide matters regarding that individual student.
- Officials of other schools or school districts or systems in which the student seeks or intends to enroll, upon the condition that the student’s parents be notified of the transfer, and have the opportunity to request a copy of the record and to challenge the content of the record.
- The education records of a nonpublic school student enrolled in courses or receiving services from this District may be shared with the certificated staff of the nonpublic school in which the student is also enrolled, provided that the parents of the student are notified. (A written release of information is required.)
- Authorized representatives of federal and state educational authorities auditing and evaluating federally supported educational programs.
- Financial aid officials in connection with a student’s application for, or receipt of educational financial aid and only that information which is necessary for the receipt of such aid.
- State and local officials or authorities to whom information is required to be reported or disclosed pursuant to state statutes adopted prior to August 21, 1974 (FEPRA enacted).
- Organizations conducting studies in the District for the purpose of developing, validating, or administering predictive tests, organizations administering student aid programs or organizations conducting studies for the improvement of instruction. Such studies shall be conducted in a manner which will not permit the personal identification of students and their parents by persons other than representatives of such organizations, and destruction of such information shall be required when no longer needed for the purpose for which they were conducted.
- Accrediting organizations in order to carry out their functions.
- Parents of a dependent student as defined in the Internal Revenue Code of 1954.
- Appropriate persons in the event of an emergency if such information is necessary to protect the health or safety of a student or other persons. Whether a true emergency exists will be determined by the seriousness of the threat, the need for the information to meet the emergency, the ability of the person to whom information is released to deal with the situation, and the extent to which time is essential.
- Neighboring school officials may be warned when a student with a history of severe discipline problems is known to be planning a visit.
- Scott County Juvenile Justice Agency Information Sharing Agreement: See Below
Statement of Purpose: The purpose of this agreement is to reduce juvenile crime by promoting cooperation, collaboration and the sharing of appropriate information between the schools and agencies listed below in order to:
- Improve school safety
- Reduce alcohol and illegal drug use
- Reduce truancy
- Reduce in-school and out-of-school suspensions
This agreement’s further purpose is to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs and to supplement these educational programs with coordinated and appropriate services designed to correct behaviors that lad to truancy, suspension, and expulsion and to support students in successfully completing their education.
Identification of schools and Agencies: This agreement is between the following school district and education agency: (hereinafter referred to as “school”)
Davenport Community School District
And the following juvenile justice agencies: (hereinafter referred to as “agencies”)
Iowa Department of Human Services
Scott County Juvenile Court Services
Davenport Police Department
Scott County Sheriff’s Department
Statutory Authority: This agreement implements the provisions of Iowa Code §280.25 (2001). It is consistent with 20 U.S.C.A. §1233 g, and Iowa Code Supplement §§ 232.147(7) and 235A.15 (2)(b)(4) (2001).
Conditions for sharing Information
- A school may share with the agencies any information contained in a students cumulative or permanent record which is directly related to the juvenile justice system’s ability to effectively serve the student.
- If a student has not been adjudicated delinquent in juvenile court, information contained in the student’s cumulative or permanent record may be disclosed by a school to the agencies without parental consent or a court order. A delinquency adjudication is a Judge’s formal determination that the student has committed an act which would be a crime if committed by an adult.
- If a student has been adjudicated delinquent in juvenile court, information contained in the student’s cumulative or permanent record may be disclosed by a school to the agencies only with parental consent or a court order.
- A school may not share information contained in a student’s cumulative or permanent record with another school unless the school receiving the information has a legitimate educational interest in the information or is otherwise entitled to such information pursuant to the federal Family Educational Rights and Privacy Act (FERPA).
- Department of Human Services.
Information shared by the Iowa Department of Human Services is limited to that which is necessary to assist the department in the diagnosis, assessment and disposition of a child abuse case.
- Juvenile Court Services.
- Information shared by Juvenile Court Services is limited to information in a student’s juvenile court social record that is necessary to determine the programs and services appropriate to the needs of the child or the child’s family.
- If a student has not been adjudicated delinquent, information contained in the student’s juvenile court social records may be disclosed by Juvenile Court Services to the other agencies or to the schools without parental consent or court order.
- If a student has been adjudicated delinquent, information contained in the student’s juvenile court social records may be disclosed by Juvenile Court Services to the other agencies or to the schools only with parental consent or a court order.
- Other Agencies.
This agreement governs the conditions under which schools, the Iowa Department of Human Services and Juvenile Court Services may share otherwise confidential information pursuant to Section 280.25, Code of Iowa, 2001. Other agencies may be bound by further restrictions or conditions in their own respective confidentiality policies.
Restrictions of the Use of Information:
- Information shared pursuant to this agreement may be used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordination of the delivery of programs and services to the student or student’s family and may not be used for any other purpose.
- Information shared under the agreement is not admissible in any court proceedings unless written consent is obtained from a student’s parent, guardian or legal or actual custodian or by court order.
- Information obtained by the schools from the agencies pursuant to this agreement may not be used as the basis for disciplinary action of the student.
Confidentiality: Confidential information shared between the schools and agencies, pursuant to this agreement, will remain confidential and will not be shared with any other person, school, school district, or agency, unless otherwise provided by law. Individuals violating the terms of this agreement subject themselves and the entities they represent to legal action, including both civil and criminal penalties, pursuant to federal and state law.
Ensuring Compliance: All parties shall take reasonable steps to ensure that employees who participate in the sharing of information pursuant to this agreement are aware of its terms and conditions.
Amendments: This agreement constitutes the entire agreement among the signature parties with respect to information sharing. Agencies and schools may be added to this agreement at the discretion of the original signatories.
Duration: This agreement shall be effective from the first day of September, 2004 and shall remain in effect until it is either revoked by the parties or superseded by state or federal statue.
Termination: Any party to this agreement may discontinue sharing information with any or all of the other signatories if the intent or letter of this agreement has been violated.
The District has designated specific items as “Directory Information.” The District may disclose any of these items without prior written consent, unless the principal has been notified otherwise in writing by the parent or eligible student. This request should be made by September 1 of each year or within 30 days after the student’s enrollment. Information that may be included in the directory is listed as follows:
- student name
- student address and telephone number
- date of birth
- years of attendance
- schools attended
Note: Military Opt-Out forms are not applicable under Directory Information but are handled through the Record Services Office.
- Cross Reference: Board Policy 501.08 Students—Legal Status; 503.06 Cumulative Folder
- Legal Reference: 20 U.S. C. § 1232g, 1415 (1988); 34 C.F.R. Pt. 99, 300.560–.574 (1993); Iowa Code §§ 22; 622.10 (1995); Iowa Code § 256B; 1980 Op. Att’y Gen. 720, 825; IAC 281.12.3(4)
- By action of the Board: 11/8/76; Revised 6/13/83; 11/12/90; 7/12/93; 2/7/94; Revised 3/12/01
- Edited 3/01
- Adopted 8/94
- Reviewed 5/96; Revised 7/99, Revised 02/07; Revised 3/11