Policy 3603- Electronic Transfer or Release of Records

It is the policy of the Kimberly Board of Education to adhere to the Idaho and Federal law concerning the transfer and release of confidential information, including student records.

PURPOSE:
This policy provides direction for the transfer of confidential student data within the Student Information Management System.

For the purpose of this policy “confidential information” means any information regarding a child receiving services supported in part or in whole by state or federal funds, a family member of such child, or other persons residing in the home of such child, and which is required by state or federal law or rule to be maintained in a confidential manner.

The school district will follow the rules promulgated by the State Board of Education for authorizing access to and transfer or release of confidential information for the purpose of gathering statistical information, conducting studies or state and federal accountability reporting as authorized by law or State Board Rule.

The school district will transfer and release confidential information for the above stated purposes in accordance with this policy to:

  • The State Department of Education
  • The State Board of Education
  • The State Division of Professional-Technical Education

Unless otherwise permitted by state or federal law or regulation, confidential information will only be electronically released or transferred to the below described entities pursuant to (1) a court order or (2) an informed consent that has been executed by (a) the parent or guardian of the child or other person authorized by the state to execute such consent (b) the individual who was the subject of the confidential information or other person authorized by law to execute such consent on his or her behalf, if the subject of the confidential information is an adult.

  • The Department of Corrections
  • The Department of Health and Welfare
  • Statutorily-constituted juvenile bureaus or agencies
  • Other school districts upon their request and compliance within the law
  • Idaho Youth Court
  • Other

Legal Reference:
I.C. § 33-105 Authority of the State Board of Education
I.C. § 33-120A Idaho Information Management System (ISIMS)
I.C. § 33-512 Local Authority and Duties of School Boards
I.C. § 33-209 Transfer of Student Records
I.C. § 32-717A Parents Access to Records
Family Educational Record and Privacy Act, 20 USC 123g, 34 CFR Part 99
State Board Policy, Section IV, Agency Affairs, Paragraph B, State Department of Education, Item 10

Policy History:
Adopted On: May, 2004
Revised On: November 17, 2005

ISBA Model Policy Cross Reference:
3600 Student Records
3600F Notification to Parents and Students Concerning Student Records
3600P Maintenance of School Records