Current through Register Vol. 56, No. 18, September 16, 2024
(a) Only authorized
organizations, agencies, or persons, as defined in this section, shall have
access to student records, including student health records.
(b) The district board of education may
charge a reasonable fee for reproduction of student records, not to exceed the
schedule of costs set forth at N.J.S.A. 47:1A-5, provided that the cost does
not effectively prevent parents or adult students from exercising their rights
under this subchapter or other Federal and State rules and regulations
regarding students with disabilities, including N.J.A.C. 6A:14.
(c) Each district board of education shall
control access to, disclosure of, and communication regarding information
contained in student health records to assure access only to people permitted
by Federal and State statute and regulations or as stated at (e) below.
(d) Access to, and disclosure of,
a student health record shall meet the requirements of the Family Education
Rights and Privacy Act (FERPA),
20 U.S.C. §
1232g and 34 CFR Part 99.
(e) Organizations, agencies, and persons
authorized to access student records shall include only the following:
1. The student who has the written permission
of a parent and the parent of a student under the age of 18, regardless of
whether the child resides with the parent, except pursuant to N.J.S.A. 9:2-4;
i. The place of residence shall not be
disclosed; and
ii. Access shall not
be provided if denied by a court;
2. Students at least 16 years of age who are
terminating their education in the school district because they will graduate
secondary school at the end of the term or no longer plan to continue their
education;
3. An adult student
and/or a parent who has the written permission of an adult student, except that
the parent shall have access without the adult student's consent, as long as
the adult student is financially dependent on the parent and enrolled in the
public school system, or if the adult student has been declared legally
incompetent by a court of appropriate jurisdiction. The parent of a financially
dependent adult student may not disclose information contained in the adult
student's record to a second or third party without the adult student's
consent;
4. Certified school
district personnel who are assigned educational responsibility for the student
shall have access to the general student record but not to the student health
record except under conditions permitted in
N.J.A.C.
6A:16-2.4;
5. Certified educational personnel who have
assigned educational responsibility for the student and who are employed by
agencies listed below shall have access to the general student record, but not
to the student health record, except under conditions permitted at
N.J.A.C.
6A:16-2.4:
i. An approved private school for students
with disabilities;
ii. A State
facility;
iii. Accredited nonpublic
schools in which students with disabilities have been placed pursuant to
N.J.S.A. 18A:46-14; or
iv. Clinics
and agencies approved by the Department;
6. To fulfill its legal responsibility, a
district board of education shall have access through the chief school
administrator, or the chief school administrator's designee, to information
contained in a student's record. Information shall be discussed in executive
session, unless otherwise requested by the parent or adult student;
7. Secretarial and clerical personnel under
the direct supervision of certified school personnel shall be permitted access
to portions of the record to the extent necessary for the entry and recording
of data and the conducting of routine clerical tasks. Access shall be limited
only to student files in which such staff are directed to enter or record
information, and shall cease when the specific assigned task is
completed;
8. Accrediting
organizations to carry out their accrediting functions;
9. The Commissioner and Department staff
members who are assigned responsibility that necessitates the review of such
records;
10. Officials of other
district boards of education within the State or other educational agencies or
institutions where the student is placed, registered, or seeks to enroll,
subject to the following conditions:
i.
Original mandated student records that schools have been directed to compile by
New Jersey statute, regulation, or authorized administrative directive shall be
forwarded to the receiving school district, agency, or institution with written
notification to the parent or adult student;
ii. Original mandated student records that a
district board of education has required shall be forwarded to the receiving
school district, agency, or institution only with the written consent of the
parent or adult student, except where a formal sending-receiving relationship
exists between the school districts;
iii. All records to be forwarded, including
disciplinary records as specified at N.J.S.A. 18A:36-19a, shall be sent to the
chief school administrator of the school district to which the student has
transferred, or the chief school administrator's designee, within 10 school
days after the transfer has been verified by the requesting school district;
iv. The chief school
administrator, or the chief school administrator's designee, shall request, in
writing, all student records from the school district of last attendance within
two weeks from the date that the student enrolls in the new school district;
v. Upon request, the chief school
administrator of the school district of last attendance, or the chief school
administrator's designee, shall provide a parent(s) or an adult student with a
copy of the records disclosed to other educational agencies or institutions;
and
vi. Proper identification,
such as a certified copy of the student's birth certificate or other proof of
the student's identity pursuant to N.J.S.A. 18A:36-25.1, shall be requested at
the time of enrollment in a new school district;
11. Officials of the United States Department
of Education assigned responsibilities that necessitate review of such
records;
12. Officers and employees
of a State agency responsible for protective and investigative services for
students pursuant to N.J.S.A. 9:6-8.40. Wherever appropriate, district boards
of education shall ask the State agency for its cooperation in sharing the
findings of an investigation;
13.
Agency caseworkers or other representatives of a State or local child welfare
agency who have the right to access a student's case plan when the agency or
organization is legally responsible, in accordance with State law, for the care
and protection of the student, consistent with
20 U.S.C. §
1232g(b)(1)(L).
14. Organizations, agencies, and persons from
outside the school if they have the written consent of the parent or adult
student. Organizations, agencies, and persons shall not transfer student record
information to a third party without the written consent of the parent or adult
student;
15. Organizations,
agencies and individuals outside the school, other than those specified in this
section, upon the presentation of a court order; and
16. Bona fide researchers who explain to the
chief school administrator the nature of the research project and the relevance
of the records sought. Prior to the release of records to a researcher, the
chief school administrator, or the chief school administrator's designee, shall
receive from the researcher written assurance that the records will be used
under strict conditions of anonymity and confidentiality.
(f) Nothing in this section shall be
construed to prohibit school personnel from disclosing information contained in
the student health record to students or adults in connection with an
emergency, if such knowledge is necessary to protect the immediate health or
safety of the student or other persons.
(g) In complying with this section, district
boards of education and charter school and renaissance school project boards of
trustees shall adhere to the requirements pursuant to the Open Public Records
Act (OPRA), N.J.S.A. 47:1A-1 et seq., and the Family Educational Rights and
Privacy Act (FERPA),
20 U.S.C. §
1232g; 34 CFR Part 99.
1. When responding to OPRA requests from any
party, including parties other than those listed at (e) above, a district board
of education or charter school or renaissance school project board of trustees
may release, without consent, records removed of all personally identifiable
information, as such documents do not meet the definition of a student record.
Before making any release, the district board of education or charter school or
renaissance school project board of trustees shall have made a reasonable
decision that a student's identity cannot be determined whether through single
or multiple releases, or when added to other reasonably available information.
