N.J. Admin. Code § 6A:32-7.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:32-7.1 - General considerations

(a) This subchapter applies to all district boards of education, charter schools, renaissance school projects, approved private schools for students with disabilities, and private agencies that provide educational services by means of public funds. Throughout this subchapter, unless otherwise indicated, "district board of education" refers to the governing body for each of the five types of agencies.

(b) Each district board of education shall compile and maintain student records and regulate access in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and 34 CFR Part 99, disclosure, or communication of information contained in student records in a manner that assures the security of the records in accordance with this subchapter.

(c) Student records shall contain only information that is relevant to the education of the student and is objectively based on the personal observations or knowledge of the certified school personnel who originate(s) the record.

(d) The district board of education shall provide annual, written notification to parents, adult students, and emancipated minors of their rights in regard to student records and student participation in educational, occupational, and military recruitment programs. Copies of the applicable State and Federal laws and district board of education policies shall be made available upon request. The district board of education shall make every effort to notify parents and adult students in their dominant language.

(e) Nonadult students may assert rights of access only through their parent(s). However, nothing in this subchapter shall be construed to prohibit certified school personnel from disclosing, at their discretion, student records to nonadult students or to appropriate persons in connection with an emergency, if the information contained in the record is necessary to protect the health or safety of the student or other persons.

(f) The parent or adult student shall have access to the student's records and have access to, or be specifically informed about, only the portion of another student's record that contains information about the student.

(g) Each district board of education shall establish written policies and procedures for student records that:

1. Guarantee access to persons authorized under this subchapter within 10 days of a request, but prior to any review or hearing conducted in accordance with N.J.A.C. 6A;

2. Assure security of the student records;

3. Enumerate and describe the student records collected and maintained by the district board of education;

4. Provide for inclusion in a student record any educationally relevant information provided by the parent or adult student;

5. Allow for release of school contact directory information for official use, as defined in N.J.A.C. 6A:32-7.2;

6. Provide the parent or adult student a 10-day period to submit to the chief school administrator a written statement prohibiting the inclusion of any or all types of information about the student in any student information directory before allowing access to the directory and school facilities to educational, occupational, and military recruiters pursuant to N.J.S.A. 18A:36-19.1 and P.L. 11495, § 8528, Armed Forces Recruiter Access to Students and Student Recruiting Information of the Every Student Succeeds Act of 2015;

7. Provide, pursuant to (b) above, the parent or adult student a 10-day period to submit to the chief school administrator a written statement to exclude information from any school directory for official use;

8. Assure limited access to student records by secretarial and clerical personnel pursuant to N.J.A.C. 6A:32-7.5;

9. Provide for the access and security of student records maintained in an electronic system; and

10. Maintain the confidentiality of all student records containing the name, Social Security number, address, and telephone number information, or the address for certified participants in the Address Confidentiality Program pursuant to N.J.A.C. 3A:71.

(h) All anecdotal information and assessment reports collected on a student shall be dated and signed by the individual who originated the data.

(i) The chief school administrator, or the chief school administrator's designee, shall require all student records of currently enrolled students to be reviewed annually by certified school personnel to determine the education relevance of the information contained therein. The reviewer shall cause information no longer descriptive of the student or educational program to be deleted from the record, except that prior notice shall be given for students with disabilities in accordance with N.J.A.C. 6A:14, Special Education. The deleted information shall be disposed of and not be recorded elsewhere. No record of any such deletion shall be made.

(j) No liability shall be attached to any member, officer, or employee of any district board of education permitting access or furnishing student records in accordance with this subchapter.

(k) When the parent's or adult student's dominant language is not English or the parent or adult student is deaf, the district board of education shall provide interpretation of the student records in the dominant language of the parent or adult student.

(l) Student health records shall be maintained separately from other student records. Student health records also shall be maintained according to the requirements of this subchapter until such time as graduation or termination, whereupon the health history and immunization record shall be removed from the student's health record and placed in the student's mandated record.

N.J. Admin. Code § 6A:32-7.1

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote (a), (b), (d) through (g), and (j) through (l).
Amended by R.2015 d.025, effective 2/17/2015.
See: 46 N.J.R. 1775(a), 47 N.J.R. 464(a).
In (f), (g)6, and (g)7, substituted "or" for a comma following "parent"; in (f) and (g)7, deleted ", or emancipated minor" following "student"; in (g)6, deleted ", or emancipated minor" following the first occurrence of "student", and in (k), substituted "or" for a comma following the second occurrence of "parent", and deleted ", or emancipated minor" following the third occurrence of "student".
Modified by Executive Order No. 103(2020), effective 5/7/2020.
See: 52 N.J.R. 1148(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

Amended, 54 N.J.R. 1276(a), effective 7/5/2022