Section 5-E2603. PROTECTION OF THE RIGHT TO PRIVACY AND STUDENT RECORDS

 

2603.1Personally identifiable records and records that contain personal information shall not be released by the school system or any employee of the D.C. Public Schools to any individual, agency, or organization without the prior written, informed consent of the student or student’s parent or guardian, as provided in § 2601.3. However, these records may be released without the required consent in the instances specifically set forth in this section.

 

2603.2Records may be released without consent to other school officials, including teachers, within the D.C. Public Schools who have a legitimate educational interest in the records.

 

2603.3Records may be released without consent to officials of other schools or school systems in which the student seeks or intends to enroll, on condition that the student or student’s parent or guardian, as provided in § 2606.3, shall be notified of the transfer of the student’s records and be able to receive a copy of the transferred records upon request and the payment of a reasonable copying fee. Persons given notice of the transfer of a student’s records shall also be informed of their right to challenge the contents of the records prior to the release of the records.

 

2603.4Records may be released without consent to the authorized representatives of the Comptroller General of the United States, the Secretary of Education, and other educational agency heads when necessary for the audit and evaluation of federally supported education programs, or to meet the specific requirements of federal law with respect to federally supported programs.

 

2603.5The data collected by or released to officials as indicated in § 2603.4 with respect to individual students shall not include social security numbers or other information that would permit the personal identification of students or their parents or guardian after the data has been collected or released.

 

2603.6Records may be released without consent where specifically authorized by federal law, but only to the extent provided by law.

 

2603.7Records may be released without consent pursuant to a judicial order or lawfully issued subpoena, but only to the extent that the records are specifically identified by the order or subpoena.

 

2603.8Records that include social security numbers may be released without consent in connection with a student’s application for, or receipt of, personal financial aid for educational purposes.

 

2603.9Records may be released without consent when necessary to protect the health or safety of the student in an emergency. The student or student’s parent or guardian, pursuant to § 2601.3, shall be notified in writing as soon as possible of the release of the student’s records, the content of the records released, and the reasons for the release.

 

2603.10The release of records without consent pursuant to this section shall be in compliance with the specific provisions and procedures for release, as applicable, that are set forth in § 2605.

 

2603.11All employees collecting or using personally identifiable information must receive training or instruction regarding D.C. Public Schools’ policies and procedures on the protection of the confidentiality of any personally identifiable student information collected, used, or maintained.

 

source

Final Rulemaking published at 24 DCR 1005, 1060 (July 29, 1977); as amended by Final Rulemaking published at 43 DCR 5779 (October 25, 1996).