Student+Progress

1. The state legislature has a responsibility to provide schooling for all children within the state at public expense. 2. The legal authority for defining curriculum resides with the legislature. 3. Courts typically do not intervene in curriculum matters because each state retains the authority to establish curriculum standards. They will only intervene if legitimate constitutional issues emerge. 4. Secular curricula are developed by school officials to avoid First Amendment religious conflicts involving church and state. 5. All schools should be held accountable for ensuring that the achievement gap between disadvantaged and minority students is close to that of their peers under NCLB. 6. Competency tests are supported by the courts where there is no evidence of discriminatory intent. 7. Students may be penalized academically for unexcused absences or truancy if state statute permits. However, we need to ensure fairness. 8. Compulsory attendance policies are legally defensible. Parents are accountable and may be penalized for failure to comply with compulsory attendance laws. 9. Exceptions to compulsory attendance policies may be justified based on religious grounds. 10. Home schooling is generally permissible as long as minimal state requirements are met. However, parents do not have a fundamental right to educate their children at home. 11. Public schools generally are required to educate students who reside within their boundaries if the students establish a degree of permanency. 12. Reasonable tuition fees may be imposed on students who attend school outside of their legal residence. 13. Students who are emancipated (not under parental control) are not subject to compulsory attendance requirements. 14. School districts may establish mandatory immunization requirements under the state’s police powers, even over parents’ religious objections.
 * __Student Progress __**
 * 7220R Graduation Requirements **
 * __Administrative Guide __**
 * Instructional Program**

In addition, all students must attain state learning standards in parenting skills through either the health or family and consumer sciences programs or a separate course (8 NYCRR 100.5(a)(3)(vi); see **25:36**). They also must earn one unit of commencement-level credit in a language other than English, which can be earned by passing the second language proficiency examination and additional units to total 22 units of credit (8 NYCRR 100.2(d), 100.5(b)(7)(iv)(g), (iv)(i)). //Students entering ninth grade in and after the 200809 school year //All students first entering grade 9 in the 200809 school year must earn at least 22 units of credit the same as students who first entered grade 9 in and after the 200102 school year. Such units of credit must incorporate the commencement level of the State learning standards for each subject area (8 NYCRR 100.5(a)(3)). With few exceptions, a local diploma option will not be available to students with disabilities entering ninth grade in or after September 2001 and prior to September 2010 (8 NYCRR 100.5(a)(3), (b)(7)(i), (vi), (vii), (viii)). The local diploma is available when such students fail required Regents exams but pass Regents competency tests in those subjects (8 NYCRR 100.5(b)(7)(vi)).
 * __New York State School Law __**
 * 25:15. What are the program requirements in grades 912 that students must complete to receive a high school diploma? **The program requirements for a high school diploma vary according to the year students first enter grade 9 (8 NYCRR 100.5(a)). They may vary further depending on whether a student is earning a Regents diploma, a Regents diploma with advanced designation, or a local high school diploma (8 NYCRR 100.5(b)(5), (b)(7), (e)). In addition to fulfilling program requirements, students must pass required examinations in accordance with commissioners regulations (8 NYCRR 100.5(a)(5), (b)(5); see **25:6061**). //Students entering ninth grade in and after the 200102 school year// All students first entering grade 9 in the 200102 but prior to the 200809 school year must earn 22 units of credit as follows: **a**. Four units of credit in English.**b.**Four units of social studies (including one unit of American history, one half unit of participation in government, and one-half unit of economics or an equivalent course).**c.** Three units of science (at least one unit must be life sciences, at least one in physical sciences, and the third may be in either life or physical sciences).**d.** Three units of mathematics.**e.** One unit of visual arts and/or music, dance, or theatre.**f.** One-half unit of health education (8 NYCRR 100.5(a)(3)).**g.** Two units of physical education, which count toward the required total of credits (8 NYCRR 100.5(a)(4)).

**25:16. How are the program requirements for a Regents diploma with advanced designation different? ** To obtain a Regents diploma with an advanced designation students must complete not only the program requirements for a Regents diploma, but also two additional foreign language units and pass the Regents comprehensive assessment in that language. They also must pass additional Regents math and science examinations. Students must pass either the Mathematics A and Mathematics B exams or the three Regents exams for Course I, Course II, and Course III, or the Regents exam for Mathematics A and Course III. One of the two Regents science exams required for a Regents diploma with advanced designation must be in life science, and the other in physical science (8 NYCRR 100.5(b)(7)(v)). **__School Board Policy __** In order to graduate from Amherst Central School District, a student must complete or may exceed the requirements set forth in Part 100 of the Commissioner's Regulations. The Board of Education reserves the right to establish requirements for graduation which exceed the minimum standards as defined by the New York State Regents. All students must be in compliance with Commissioner's Regulations for graduation in achieving a minimum of a Regents diploma unless otherwise indicated. __Regents Diploma with Honors __The District may award a Regents diploma with honors to students who receive an average of ninety percent (90%) on all Regents examinations required for the honors diploma. These exams include mathematics, science, US History, government and global history, and geography. This "honors" diploma may also be given to a student who has substituted no more than two (2) alternative assessments for a Regents examination as approved by Commissioner's Regulations Section 100.2(f). However, the student's actual score on the substituted alternative assessment will not be factored into the ninety percent (90%) calculation. __<span style="font-family: 'Arial','sans-serif';">Regents Diplomas with Advanced Designation with Honors __<span style="font-family: 'Arial','sans-serif';">The District may award a Regents diploma with advanced designation with honors. A student needs to have an average score of ninety percent (90%) on all Regents examinations required for the advanced diploma. These Regents examinations are: ELA, two (or three) mathematics**,** two sciences (one in physical science/the other in life science), US History and Government, Global History and Geography and languages other than English (LOTE)**<span style="font-family: 'Arial','sans-serif';">. **
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Amherst **

**__<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __** <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Students’ grade-level status is determined by the number of credits earned as determined by the following: __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Freshman __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">: Successful completion of 8 <span style="font-family: 'Arial','sans-serif'; font-size: 11px;">th <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">as determined by the Retention Committee __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Sophomores __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">: 5 credits, including .5 credit of PE __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Junior __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">: 11 credits, including 1 credit of PE __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Senior __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">: Eligible to graduate in June of that school year <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Students not reaching the benchmark for a specific grade level will not advance in grade level until the appropriate number of credits is earned or by administrative approval in exceptional situations. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Students need to successfully pass the course with a passing final average and corresponding Regents Exam, where applicable, to earn credit for the course. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Students that fail to pass a course may earn the credit for that course by retaking the course at the next opportunity or attending summer school to improve the student’s overall grade. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Students are eligible to attend summer school if the following criteria are met: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">• Earn a minimum final grade of 54 for the course <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">• The student earned a grade in each marking period and final assessment <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">• The student did not lose credit in the class or lose the opportunity to attend summer school as a result of the Attendance Policy. The summer school grade will be averaged in with the school year course and Regents Exam using the formula below. The highest Regents Exam score will be considered in a student’s overall grade. Where there is no Regents Exam, the final averages from the school year and summer school will be averaged together equally. School Course Average (40%) + Summer School average (40%) + Regents Exam (20%) The building administration may alter or amend these guidelines in the event of extenuating circumstances. Each situation will be handled on a case-by-case basis. Administration will enact and/or alter any existing administrative regulations or procedures to enact this policy.
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Hornell **

**__<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __** <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Southwestern High School offers three (3) types of diplomas to graduating seniors who meet the requirements. The requirements for the New York State Regents Diploma and the Advanced Regents <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Diploma and the Local Diploma are outlined below. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">a) Attain a minimum of 24.0 credits accredited by Southwestern High School. Students enrolled in grades 9-11 must take a minimum of 6.5 credits each year. Seniors must take a minimum of 4.5 credits in the senior year. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">b) Course Requirements <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Included in the 24.0 minimum credits are course requirements in the following areas: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. ENGLISH - Four (4) credits. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. SOCIAL STUDIES - Four (4) credits. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. SCIENCE - Three (3) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Two (2) science credits must have a lab component <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. MATHEMATICS - Three (3) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. HEALTH - One half (.5) credit <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. ART and/or MUSIC - One (1) credit <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">7. LANGUAGES OTHER THAN ENGLISH - One (1) credit <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">8. PHYSICAL EDUCATION - Two (2) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">9. ELECTIVES - Five and one half (5.5) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">c) Sequence Requirements: Completion of a Major Sequence. There are a number of ways to meet sequence requirements. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The student may complete two (2), three-unit sequences or a three-unit sequence with a five-unit sequence in English or Social Studies. The following fields of study may be used for the sequence requirements: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Art <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Business <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. Family and Consumer Sciences <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. Languages other than English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. Mathematics <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. Music <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">7. Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">8. Technology <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">9. Vocational Technology <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">[four (4) units required] <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The remaining required credits may be chosen from the complete list of available electives. Such choices should be made based on the individual student's needs, interests and post-graduation plans. Assistance in making elective choices is available from School Counselors. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">d) Testing Requirements <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">In addition to meeting course completion requirements, all students must also meet testing requirements (a score of 65% or higher), as listed below: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Regents Examination in Comprehensive English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Regents Examination in Global History and Geography <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. Regents Examination in U. S. History and Government <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. Regents Examination in one (1) Mathematics <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. Regents Examination in one (1) Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. Proficiency Examination in one (1) language other than English
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Southwestern **
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Regents Diploma **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The requirements for the Advanced Regents Diploma include all of the requirements for the Regents Diploma listed above PLUS the additional course and testing requirements listed below: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">a) Course Requirements <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">To earn the Advanced Diploma designation, the student must complete ONE (1) of the following: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. LANGUAGES OTHER THAN ENGLISH - Three (3) credits [this means two (2) credits in addition to the one (1) credit already required for the Regents Diploma to make a total of a three (3) unit sequence] <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">NOTE: A five (5) unit sequence in Art, Business, Music or Technology may replace the second and third credits of the Languages other than English requirement. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. THE ARTS - (Dance, music, theatre, and visual arts) - Five (5) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. CAREER/TECHNICAL EDUCATION - Five (5) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">b) Sequence Requirements: Completion of a Major Sequence. There are a number of ways to meet sequence requirements. The student may complete two (2), three-unit sequences or a three-unit sequence with a five-unit sequence in English or Social Studies. The following fields of study may be used for the sequence requirements: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Art <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Business <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. Family and Consumer Sciences <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. Languages other than English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. Mathematics <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. Music <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">7. Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">8. Technology <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">9. Vocational Technology [four (4) units required] <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">c) Testing Requirements <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">In addition to the five (5) Regents Examinations required for the Regents Diploma, the following Regents Examinations must be successfully completed with a score of 65% or higher: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. A second and third Regents Examination in Mathematics <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. A second Regents Examination in Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. An Examination in a Foreign Language <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">d) An "Advanced Regents Diploma with Honors" is a designation added to the Advanced Regents Diploma for those students who have attained an //average// score of at least 90 on all Regents examinations taken.
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Advanced Regents Diploma **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The Regents Competency Tests (RCT's) and the Local Diploma option are still currently available to students classified by the Committee on Special Education (CSE). In order to obtain a Local Diploma, CSE students must pass the following RCT's: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">a) RCT in Reading <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">b) RCT in Writing <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">c) RCT in Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">d) RCT in Math <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">e) RCT in Global Studies <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">f) RCT in U. S. History <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Individual Education Plan (IEP) Diplomas are available to those Special Education students who, because of their specific educational needs, are not able to pass the Regents Competency Test requirements for a Local Diploma. IEP Diploma candidates must meet the goals as stated in their current Individual Education Plan.
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Additional Options Available to Special Education Students **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">a) Attain a minimum of 24.0 credits accredited by Southwestern High School. Students enrolled in grades 9 through 11 must take a minimum of 6.5 credits each year. Seniors must take a minimum of 4.5 credits in the senior year. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">b) Course Requirements <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Included in the 24.0 minimum credits are course requirements in the following areas: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. ENGLISH - Four (4) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. SOCIAL STUDIES - Four (4) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. SCIENCE - Three (3) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Two (2) science credits must have a lab component <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. MATHEMATICS - Three (3) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. HEALTH - One-half (.5) credit <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. ART and/or MUSIC - One (1) credit <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">7. LANGUAGES OTHER THAN ENGLISH - One (1) credit <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">8. PHYSICAL EDUCATION - Two (2) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">9. ELECTIVES - Five and one-half (5.5) credits <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">c) Testing Requirements (Who First Enter Grade 9 in September 2005) <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">In addition to meeting course completion requirements, all students must also meet testing requirements as listed below: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">General Education students who score 55-64 on no more than three (3) of the required Regents examinations and who score 65 or above on at least two (2) of the required Regents examinations may earn a local diploma as determined by Southwestern Central School District. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Regents Examination in Comprehensive English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Regents Examination in Global History and Geography <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. Regents Examination in U. S. History and Government <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. Regents Examination in one (1) Mathematics <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. Regents Examination in one (1) Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. Proficiency Examination in one (1) language other than English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">d) Testing Requirements (Who First Enter Grade 9 in September 2006) <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">In addition to meeting course completion requirements, all students must also meet testing requirements as listed below: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">General Education students who score 55-64 on no more than two (2) of the required Regents examinations and who score 65 or above on at least three (3) of the required Regents examinations may earn a local diploma as determined by Southwestern Central School District. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Regents Examination in Comprehensive English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Regents Examination in Global History and Geography <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. Regents Examination in U. S. History and Government <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. Regents Examination in one (1) Mathematics <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. Regents Examination in one (1) Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. Proficiency Examination in one (1) language other than English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">e) Testing Requirements (Who First Enter Grade 9 in September 2007) <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">In addition to meeting course completion requirements, all students must also meet testing requirements as listed below: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">General Education students who score 55-64 on no more than one (1) of the required Regents examinations and who score 65 or above on at least four (4) of the required Regents examinations may earn a local diploma as determined by Southwestern Central School District. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Regents Examination in Comprehensive English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Regents Examination in Global History and Geography <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. Regents Examination in U. S. History and Government <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. Regents Examination in one (1) Mathematics <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. Regents Examination in one (1) Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. Proficiency Examination in one (1) language other than English <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The Local Diploma option is no longer available for students entering Grade 9 in 2008 and thereafter.
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Local Diploma **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Nonetheless, commissioner’s regulations provide, in relevant part, for the screening of students entering the public schools for gifted abilities. Students so identified as possibly gifted must to be reported to the superintendent no later than 15 calendar days after completion of the screening (8 NYCRR 117.1, 117.2(f), 117.3(g)). <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">In districts that do offer a gifted and talented program, students may be referred for participation in the program by a parent, a teacher, or an administrator ( 4452(1)(d)). Districts may evaluate students to determine their eligibility only upon parental consent. Absent parental consent, a student may not be evaluated nor participate in the program ( 4452(1)(e)). Furthermore, districts that offer a gifted and talented program must accept into the program nonresident students attending a private school located within its boundaries. However, such a student must be a resident of the state and the students parents must have submitted a request for participation by June 1 of the preceding school year. In addition, all legal, regulatory and district screening requirements must have been met (//Appeal of Goodman//, 38 Ed Dept Rep 824 (1999); //Appeal of Pfeffer//, 38 Ed Dept Rep 514 (1999)).
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Accelerated Programs__New York State School Law__ **
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">25:48. Are school districts required to offer a gifted and talented instruction curriculum? **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">No. It is within the discretion of a school board to determine whether or not to provide instruction to meet the special needs of gifted students ( 3204(2-b); //Matter of Bennett v. City Sch. Dist. of New Rochelle//, 114 A.D.2d 58 (2d Dept 1985)). Article 90 of the Education Law, which authorizes the State Education Department to assist districts in meeting the educational needs of gifted students, does not establish an affirmative duty to provide such instruction (//Matter of Bennett v. City Sch. Dist. of New Rochelle//). Moreover, a school districts decision to not offer a gifted and talented program does not violate state constitutional requirements mandating the provision of a sound basic education, or equal protection guarantees //(Id//.).

__<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Eighth Grade Acceleration for Diploma Credits __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> Individual eighth grade students only may be afforded the opportunity to take high school courses in mathematics and in at least one of the following areas: English, social studies, languages other than English, art, music, career and technical education subjects, or science courses. The Superintendent or his/her designee is responsible for determining that an eighth grade student is eligible to take high school courses. The District shall utilize a set of criteria to determine each student's readiness for acceleration. Students who are accelerated for diploma credit must have been provided instruction designed to facilitate their attainment of, by the end of Grade 7, the State intermediate learning standards in each subject area in which they are accelerated. __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Advanced Placement __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> Advanced Placement (AP) examinations are administered by the College Board with strict guidelines as to its implementation. A national, standardized, arduous examination is administered by the College Board in May of each year for a great variety of courses in various subject areas. In addition to entering a universe of knowledge that might otherwise remain unexplored in high school, Advance Placement examinations afford students the opportunity to earn credit or advanced standing in most of the nation's colleges and universities. The District shall utilize a set of criteria to determine a student's readiness for enrollment in the Advance Placement classes.
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __**
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Amherst **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">**Hornell** <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">In accordance with the Part 100 of the Commissioner's Regulations [Part 100.4 Section <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">(c)], students in grade 8 shall have the opportunity to take high school courses in the <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">following areas: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Second Language Art Mathematics Science <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Student selection for the acceleration program will be done during the grade 7 school <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">year; except for mathematics and science, which will be done during the grade 6 school <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">year. The following shall be guidelines used to evaluate eligibility of a student for acceptance in a program: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">A. The decision for allowing acceleration shall be the sole responsibility of the <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Superintendent of Schools or his designee (High School Principal). <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">B. All requests for acceleration shall be judged on an individual student-by-student <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">basis. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">C. Criteria used for determining eligibility for acceleration of each subject area <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">requested: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Written notice from student and parent or guardian on or before May 31st <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">giving: <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">a) Course(s) requesting acceleration. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">b) Reason or educational goals outlining the purpose for acceleration. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Results of aptitude tests. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3. Review of: 4th grade ELA/Science results <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">4. Written consent of parent for acceleration. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5. Past academic records of the student. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">6. Review from teachers. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">D. Credit for course acceleration shall be awarded according to Commissioner's <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Regulations Part 100, Section 100.4 para (c), subpara (ii). <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">E. The school reserves the right to review student progress and performance, and if necessary remove a student from the class if success is not being met.
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __**

__<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Eighth Grade Acceleration for Diploma Credits __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> Individual eighth grade students only may be afforded the opportunity to take high school courses in mathematics and in at least one (1) of the following areas: English, social studies, languages other than English, art, music, career and technical education subjects, or science courses. The Superintendent or his/her designee is responsible for determining that an eighth grade student is eligible to take high school courses. The District shall utilize a set of criteria to determine each student's readiness for acceleration. Students who are accelerated for diploma credit must have been provided instruction designed to facilitate their attainment of, by the end of Grade 7, the State intermediate learning standards in each subject area in which they are accelerated. __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Advanced Placement __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> Advanced Placement (AP) examinations are administered by the College Board with strict guidelines as to its implementation. A national, standardized, arduous examination is administered by the College Board in May of each year for a great variety of courses in various subject areas. In addition to entering a universe of knowledge that might otherwise remain unexplored in high school, Advance Placement examinations afford students the opportunity to earn credit or advanced standing in most of the nation's colleges and universities. The District shall utilize a set of criteria to determine a student's readiness for enrollment in the Advance Placement classes
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __****<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Southwestern **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Regulation
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">7221R Early Graduation **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The diploma may be awarded only at the end of the semester in which all requirements are completed, and not before in anticipation that requirements will be met (8 NYCRR 100.5(e)). <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Upon request from the student's parent/guardian, a student shall be eligible for early graduation in fewer than eight (8) semesters upon completion of all requirements for graduation, excluding physical education, as mandated by Commissioner's Regulations. A student shall not be required to continue enrollment for the sole purpose of completing physical education requirements.
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">New York State School Law __**
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">25:18. What program requirements apply to students who take less than four years to graduate? **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Students who complete the diploma requirements in less than four years are subject to the diploma requirements applicable to students who entered grade 9 four years prior to the school year in which the accelerated diploma will be awarded. However, accelerated diploma students who graduate at the end of the fall semester are subject to the diploma requirements in effect for the preceding school year (8 NYCRR 100.5(a), (e)). In each case, however, students who complete their diploma requirements in less than four years and are otherwise eligible to receive a diploma are not required to continue enrollment in high school for the sole purpose of completing the physical education requirements (8 NYCRR 100.5(a)(4)).
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __****<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Amherst **
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Hornell **//<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">See graduation requirements in above section. Students are eligible to graduate in June of their senior year. //
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Southwestern **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Graduation from high school before the completion of eight full semesters will not be encouraged, but it will be available for students requesting it who will have completed all graduation requirements after six (6) or seven (7) semesters and who have the approval of their parents. In order to accomplish this option, the student should make the request through the guidance office and have his/her program of studies approved by his/her counselor, his/her parents and the high school principal. The request for early graduation should be made the year before the student intends to graduate. Included in the request must be a personal conference between the high school principal and the parents of the student concerned. Students who choose to graduate in six (6) semesters will be considered to be graduating juniors, not seniors. Graduating juniors will be eligible for the senior privileges of attending prom and graduation only.

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">**7240R Student Records:** <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">**Access and Challenge**Access and Challenge

1. School districts and schools should have legally defensible policies and procedures consistent with the requirements of FERPA. Students, parents, and legal guardians should be informed of their rights under this act. 2. Accurate records should be maintained in the student’s file, indicating the name, title, date, description of educational interest, specific records examined, and the place of examination of student records for those who have access. 3. Any corrections or adjustments to student records should be dated and initialed by the person responsible, with the knowledge and approval of school officials. 4. School personnel should avoid labeling children. 5. When it becomes necessary to place disciplinary infraction information on student records, the information should be specific regarding the infraction committed—time, place, and witnesses, as appropriate. The student should be present when such information is recorded. 6. School personnel should refrain from aimless chatter involving third parties regarding confidential information found on student records. Gossip or careless talk among school personnel calculated to harm a student is not protected by qualified privilege. 7. Student records should be maintained in a safe and secure place and should not be removed from school premises by school personnel unless proper authorization is secured. 8. Unless prohibited by court order, the noncustodial parent should be afforded the same right to access student records as the custodial parent. 9. To avoid allegations of malicious intent, transmit only the information that is requested by a prospective employer
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Administrative Guide (Essex, 2011, p.200-201) __**
 * Liability and Student Records**

10. Refrain from releasing information over the telephone, unless identity of the other party has been firmly established.

11. Where conflict or difficulty arises regarding interpretation of FERPA, consultation with the school district’s attorney would be appropriate.

12. Public disclosures of students’ grades will not likely be supported by the courts. Such practices violate the intent of FERPA and should not be supported by school officials.

**<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3:48. Who is entitled to access student records? ** <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Under the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g //et seq.//) and its accompanying regulations (34 CFR Part 99), only parents or eligible students (meaning any student who has reached 18 years of age or is attending an institution of postsecondary education) have the right to see educational records pertaining to the student. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Parents of otherwise eligible students may still access the students education record under certain specified circumstances, such as when the student is a dependent under the Internal Revenue Code (34 CFR 99.31(a)(10)). Absent a custody decree or court order to the contrary, nothing prevents a non-custodial parent with no decision-making authority regarding his or her childs education from requesting information about, keeping apprised ofthe childs education progress (//Fuentes v. Bd. of Educ. of the City of N.Y.//, 12 N.Y.3d 309 (2009); //Taylor v. Vermont Dept of Educ//., 313 F.3d 768 (2d Cir. 2003)).  <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Disclosure to anyone else without the prior written consent of the parent or eligible student is limited except as provided by law (see 20 USC 1232g //et// //seq//.; see also 34 CFR Part 99; //Fuentes v. Bd. of Educ.//; //Owasso Indep. Sch. Dist. No. I011 v. Falvo//, 534 U.S. 426 (2002); //Taylor v. Vermont Dept of Educ.//).
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">New York State School Law __**

**<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3:49. Are there any exceptions to the prior consent requirement for the disclosure of student records? ** <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Yes. There are certain exceptions to the prior consent requirement (see **3:48**). For example, districts may disclose student records without prior consent from a parent or eligible student to other school officials who have legitimate educational interests and certain other state and federal officials (20 USC 1232g(b)). However, districts must use reasonable methods to ensure school officials are given access only to those education records in which the official has a legitimate educational interest. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Another example of when records can be subject to inspection without prior consent from a parent or eligible student is pursuant to a court order or any lawfully issued subpoena, provided that parents and students are notified by the school district in advance of compliance with the court order or the subpoena (//Ragusa v. Malverne UFSD//, 549 F.Supp.2d 288 (E.D.N.Y. 2008); 20 USC 1232g(b)(2)(B)).

**<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3:50. Can school districts transfer student records to another school without prior consent from a parent or eligible student? ** <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Yes, but only to officials of another school where a student seeks or intends to enroll, and when the student is already enrolled in another school, if such records relate to the students enrollment at the new school (34 CFR 99.31(a)(2)).

**<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3:51. What is directory information and may school districts disclose such information without prior parental consent? ** //<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Directory information //<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> refers to, for example, student names and addresses, telephone numbers and e-mail addresses. It also includes student photographs, date and place of birth and enrollment status. Districts may disclose such information without prior consent if they give notice of the categories of information so designated, and give parents or eligible students a reasonable period of time to inform the district that such information should not be released without their consent (20 USC 1232g(a)(5)(A), (B); 34 CFR 99.3). <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">But even if a district does not otherwise release directory information, if it receives federal funds under the No Child Left Behind Act of 2001, it must provide to post-secondary schools and the military, upon request, the names, addresses, and telephone numbers of high school students. It also must provide military recruiters the same access to students that it generally provides to post-secondary schools or prospective employees, unless parents refuse consent (20 USC 7908). <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">State law prohibits the use of student social security numbers for public listing of grades, class rosters, or other lists provided to teachers, identification cards, student directories, or similar listings, except as otherwise specifically authorized or required by law ( 2b). <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The Family Educational Rights and Privacy Act prohibits the release of a students social security number as directory information. Student ID numbers can be disclosed as directory information only if they qualify as electronic identifiers (34 CFR 99.3) used to deliver certain student services such as access to library resources.

**<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">3:52. Must school districts take steps to prevent inadvertent unauthorized disclosure of student records? **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Yes. School districts must use reasonable methods to identify and authenticate the identity of parents, students, school officials, and other parties to whom it discloses education records (34 CFR 99.31(c)). Districts without physical or technological controls over access to records must ensure there is a policy for controlling access that is effective and remains in compliance with the legitimate educational interests requirement of the Family Educational Rights and Privacy Act (34 CFR 99.31(a)(1)(ii)).

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The School District shall comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Under its provisions, "parents/guardians and noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student under eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, have a right to inspect and review any and all education records maintained by the School District.
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __**
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Amherst **


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Education Records **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> The term "education records" is defined as all records, files, documents and other materials containing information directly related to a student; and maintained by the education agency or institution, or by a person acting for such agency or institution (34 Code of Federal Regulations (CFR) Section 99.3). This includes all records regardless of medium, including, but not limited to, handwriting, videotape or audiotape, electronic or computer files, film, print, microfilm, and microfiche.In addition, for students who attend a public school district, all records pertaining to services provided under the Individuals with Disabilities Education Act (IDEA) are considered "education records" under FERPA. As such, they are subject to the confidentiality provisions of both Acts.Personal notes made by teachers or other staff, on the other hand, are not considered education records if they are:a) Kept in the sole possession of the maker;b) Not accessible or revealed to any other person except a temporary substitute; andc) Used only as a memory aid.Additionally FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation and not from the student's education records.Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">**Access to Student Records** TThe Board directs that administrative regulations and procedures be formulated to comply with the provisions of federal law relating to the availability of student records. The purpose of such regulations and procedures shall be to make available to the parents/guardians of students and noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students who are eighteen (18) years of age or older or who are attending an institution of post-secondary education, student records, and files on students, and to ensure the confidentiality of such records with respect to third parties. Under FERPA, unless otherwise exempted in accordance with law and regulation, the District may release personally identifiable information contained in student records only if it has received a "signed and dated written consent" from a parent or eligible student. Signed and dated written consent may include a record and signature in electronic form provided that such signature.a) Identifies and authenticates a particular person as the source of the electronic consent; andb) Indicates such person's approval of the information contained in the electronic consent.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Health and Safety Emergency Exception **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> School districts must balance the need to protect students' personally identifiable information with the need to address issues of school safety and emergency preparedness. Under FERPA, if an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records, without consent, to any person whose knowledge of the information is necessary to protect the health and safety of the student or other individuals during the period of the health or safety emergency. School districts may release information from records to appropriate parties including, but not limited to, parents, law enforcement officials and medical personnel. A school district's determination that there is an articulable and significant threat to the health or safety of a student or other individuals shall be based upon a totality of the circumstances, including the information available, at the time the determination is made. The school district must record the articulable and significant threat that formed the basis for the disclosure and maintain this record for as long as the student's education records are maintained.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Challenge to Student Records **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> Parents/guardians of a student under the age of eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, shall have an opportunity for a hearing to challenge the content of the school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">a) If the student is claimed as a dependent for Federal income tax purposes by either parent;b) In connection with a health or safety emergency;|c) If the student is under twenty-one (21) years of age and has violated an institutional rule or policy governing the use of alcohol or a controlled substance; ord) If the disclosure falls within any other exception to the consent requirements under FERPA or its regulations, such as the disclosure of directory information or in compliance with a court order or lawfully issued subpoena.
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Disclosures to Parents of Eligible Students **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> Even after a student has become an "eligible student" under FERPA (which is defined as a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education) an educational agency or institution may disclose education records to an eligible student's parents, without the student's consent:


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Release of Information to the Noncustodial Parent **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> The District may presume that the noncustodial parent has the authority to request information concerning his/her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent's access to the records, it would be his/her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Release of Information to Another Educational Institution **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;"> The District may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or postsecondary institution at which the student seeks or intends to enroll, or after the student has enrolled or transferred, so long as the disclosure is for purposes related to the student's enrollment or transfer. Parental consent is not required for transferring education records if the school's annual FERPA notification indicates that such disclosures may be made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, schools must provide a copy of the information disclosed and an opportunity for a hearing.

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Pupil records are to be included in the cumulative folder and this policy is in connection with the examination of the pupil records. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">1. Factual statements only be included in the folder. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">2. Copies of standardized testing instruments, report cards, attendance records, etc. also be kept in the folder. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The District will accept a written form giving parental consent to release the desired information. This form must be an original signature; not a copy. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The District may orally give a summary review of a student to a probation officer or investigator, without parental consent. Each separate or different information sought by above people must be accompanied by a new parental permission. A follow-up by a probation officer on a student who has already been investigated and placed on probation - NEED NOT submit a parental release. However, if a student already on probation is being investigated for a new and different charge, a parental release is required. At all times, a court order must be honored. Vital statistics (date of birth, age, address, and names of parents) can be released. Attendance, grades, etc. CANNOT be released without written consent. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The purpose of the act is to insure the availability to students' records to the parents of students under 18 years of age, and to students and former students over 18 years of age; and to insure the confidentiality of such records with respect to third parties. The act provides that no funds shall be made available under any federal education program for which the United States Commissioner of Education has administrative responsibility, to any "educational agency or institution" which does not comply with the standards established by the act. All schools receiving federal aid under such programs, either directly or through a state agency, must comply with the new standards or run the risk of losing such aid. An "educational agency or institution" is defined as any "public or private agency or institution" receiving funds covered by the act. <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">"Educational records" are defined as those records, files, documents, and other materials maintained by the educational agency or institution, or by a person acting for it, which contains information directly related to the student. The Family Educational Rights and Privacy Act specifically excludes from the definition several categories of records, including records personally kept by teachers, administrators, or ancillary personnel, which are not accessible or revealed to any other person except a substitute. The definition of "student" includes "any person with respect to whom an educational agency or institution maintains educational records or personally identifiable information, but does not include a person who has not been in attendance at such an institution or agency." This includes former students as to whom records are still kept.
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __**
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Hornell **
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5510 Cumulative Folder Inclusions **
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5520 Inspection of Pupil Records **
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">5530 The Family Educational Rights and Privacy Act of 1974 **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The School District shall comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Under its provisions, "parents/guardians and noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student under eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, have a right to inspect and review any and all education records maintained by the School District.
 * __<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School Board Policy __**
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Southwestern **

<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Additionally FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation and not from the student's education records. Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.
 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Education Records **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The term "education records" is defined as all records, files, documents and other materials containing information directly related to a student; and maintained by the education agency or institution, or by a person acting for such agency or institution (34 Code of Federal Regulations (CFR) Section 99.3). This includes all records regardless of medium, including, but not limited to, handwriting, videotape or audiotape, electronic or computer files, film, print, microfilm, and microfiche. In addition, for students who attend a public school district, all records pertaining to services provided under the Individuals with Disabilities Education Act (IDEA) are considered "education records" under FERPA. As such, they are subject to the confidentiality provisions of both Acts. Personal notes made by teachers or other staff, on the other hand, are not considered education records if they are:a) Kept in the sole possession of the maker;b) Not accessible or revealed to any other person except a temporary substitute; andc) Used only as a memory aid.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Access to Student Records **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The Board directs that administrative regulations and procedures be formulated to comply with the provisions of federal law relating to the availability of student records. The purpose of such regulations and procedures shall be to make available to the parents/guardians of students and noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students who are eighteen (18) years of age or older or who are attending an institution of post-secondary education, student records, and files on students, and to ensure the confidentiality of such records with respect to third parties. Under FERPA, unless otherwise exempted in accordance with law and regulation, the District may release personally identifiable information contained in student records only if it has received a "signed and dated written consent" from a parent or eligible student. Signed and dated written consent may include a record and signature in electronic form provided that such signature:a) Identifies and authenticates a particular person as the source of the electronic consent; andb) Indicates such person's approval of the information contained in the electronic consent.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Health and Safety Emergency Exception **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">School districts must balance the need to protect students' personally identifiable information with the need to address issues of school safety and emergency preparedness. Under FERPA, if an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records, without consent, to any person whose knowledge of the information is necessary to protect the health and safety of the student or other individuals during the period of the health or safety emergency. School districts may release information from records to appropriate parties including, but not limited to, parents, law enforcement officials and medical personnel. A school district's determination that there is an articulable and significant threat to the health or safety of a student or other individuals shall be based upon a totality of the circumstances, including the information available, at the time the determination is made. The School District must record the articulable and significant threat that formed the basis for the disclosure and maintain this record for as long as the student's education records are maintained.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Challenge to Student Records **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Parents/guardians of a student under the age of eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, shall have an opportunity for a hearing to challenge the content of the school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Disclosures to Parents of Eligible Students **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Even after a student has become an "eligible student" under FERPA (which is defined as a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education) an educational agency or institution may disclose education records to an eligible student's parents, without the student's consent:a) If the student is claimed as a dependent for Federal income tax purposes by either parent;b) In connection with a health or safety emergency;c) If the student is under twenty-one (21) years of age and has violated an institutional rule or policy governing the use of alcohol or a controlled substance; ord) If the disclosure falls within any other exception to the consent requirements under FERPA or its Regulations, such as the disclosure of directory information or in compliance with a court order or lawfully issued subpoena.


 * <span style="font-family: 'Arial','sans-serif'; font-size: 16px;">Release of Information to the Noncustodial Parent **<span style="font-family: 'Arial','sans-serif'; font-size: 16px;">The District may presume that the noncustodial parent has the authority to request information concerning his/her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent's access to the records, it would be his/her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information. Release of Information to Another Educational Institution the district may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or postsecondary institution at which the student seeks or intends to enroll, or after the student has enrolled or transferred, so long as the disclosure is for purposes related to the student's enrollment or transfer. Parental consent is not required for transferring education records if the school's annual FERPA notification indicates that such disclosures may be made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, schools must provide a copy of the information disclosed and an opportunity for a hearing.