N.J. Admin. Code § 6A:16-7.9

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:16-7.9 - Student records and confidentiality

(a) When a student transfers to a public school district from another public school district, all information in the student's record related to disciplinary actions taken against the student by the school district and any information the school district has obtained pursuant to 2A:4A-60, Disclosure of juvenile information; penalties for disclosure, shall be provided to the receiving public school district in accordance with 18A:36-19a and 6A:32-7.5.

1. The record shall be provided within two weeks of the date the student enrolls in the receiving school district.

2. Written consent of the parent or adult student shall not be required as a condition of the record transfer.

i. Written notice of the transfer shall be provided to the parent or the adult student.

(b) When a student transfers to a private school, which includes all sectarian or nonsectarian nonprofit institutional day or residential schools that provide education for students placed by their parents and that are controlled by other than public authority, all student disciplinary records with respect to suspensions or expulsions shall be provided by the public school district of residence to the private school upon written request from the private school, in the same manner the records would be provided to a public school district, pursuant to 20 U.S.C. § 6301, Title IV(A)IV § 4155 of the Elementary and Secondary Education Act.

(c) A district board of education shall not use a student's past offenses on record to discriminate against the student.

(d) All records maintained pursuant to this subchapter shall conform with the requirements set forth at 20 U.S.C. § 1232g, Family Educational Rights and Privacy Act; 34 CFR Part 99, Family Educational Rights and Privacy; 20 U.S.C. § 1232h, Protection of Pupil Rights; 34 CFR Part 98, Student Rights in Research, Experimental Programs, and Testing; P.L. 104-191, Health Insurance Portability and Accountability Act; 45 CFR Part 160, General Administrative Requirements; 20 U.S.C. § 7165, Transfer of school disciplinary records; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records; 18A:40A-7.1, Confidentiality of certain information provided by pupils, exceptions; 6A:16-3.2, Confidentiality of student alcohol and other drug information; 18A:36-19, Pupil records, creation, maintenance and retention, security and access, regulations, nonliability; 2A:4A-60, Disclosure of juvenile information, penalties for disclosure; N.J.A.C. 6A:32-7, Student Records; 6A:14-2.9, Student records; as well as other existing Federal and State laws and rules pertaining to student records and confidentiality.

N.J. Admin. Code § 6A:16-7.9

Recodified from 6A:16-7.8 by 50 N.J.R. 155(b), effective 1/2/2018