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Overview of CCR Title 5, Section 432

Student Records Definition

  • Student Records: These include any item of information directly related to an identifiable student, maintained by a school district or required to be maintained by an employee in the performance of their duties.

Categories of Student Records

Student records are generally divided into three categories:

  1. Mandatory Permanent Pupil Records: These records must be kept indefinitely and include:

    • Legal name of the pupil
    • Date of birth
    • Method of verification of birth date
    • Sex of pupil
    • Place of birth
    • Name and address of parent of minor pupil
    • Address of pupil
    • Entering and leaving date of each school year and for any summer session or other extra session
    • Subjects taken during each year, half-year, summer session, or quarter
    • Grades or marks given for work completed
    • Date of graduation or withdrawal

  2. Mandatory Interim Pupil Records: These records must be retained for a stipulated period (generally not less than three years) and include:

    • Health information
    • Results of standardized tests administered within the past three years
    • Verified reports of serious or recurrent behavior patterns
    • Attendance records

  3. Permitted Records: These records may be retained as long as they are useful to the educational process and include:

    • Objective counselor or teacher ratings
    • Standardized test results older than three years
    • Discipline records other than those required to be preserved

Retention Periods

  • Permanent Records: As the name suggests, these records must be kept permanently.
  • Interim Records: These must be kept for a period of three years after a student leaves the school district.
  • Permitted Records: These can be kept as long as they are useful for educational purposes, but they are typically destroyed when no longer needed.

Destruction of Records

  • Records that are no longer required to be retained must be destroyed in a manner that ensures confidentiality.
  • Permanent records should never be destroyed.
  • Interim and permitted records should be destroyed in a secure manner, such as shredding for paper records or secure deletion for electronic records, to prevent any unauthorized access to sensitive information.

Key Points to Remember

  • Confidentiality: The destruction process must protect the confidentiality of student information.
  • Responsibility: School districts are responsible for ensuring compliance with these retention and destruction policies.
  • Access and Rights: Students and parents have rights to access these records under the Family Educational Rights and Privacy Act (FERPA) and similar state laws.

Practical Implementation

School districts usually adopt specific policies and procedures based on this regulation to manage student records effectively. These policies ensure that records are categorized correctly, retained for the required period, and securely destroyed when no longer needed.

If you need more detailed information about the specific wording of Section 432 or how it is implemented in a particular school district, it would be best to consult the full text of the regulation or contact the district’s administrative office directly.

The California Education Code contains various sections that set general requirements for the maintenance and retention of school records. Here’s a breakdown of Sections 35145, 35146, 35147, and 35252 and their key provisions:

California Education Code Section 35145

Open Meetings:

  • Requirement: Governing boards of school districts must hold open meetings, allowing public participation.
  • Implications for Records: Minutes and other records of these meetings must be maintained and made available to the public. These records are typically retained permanently to ensure transparency and accountability.

California Education Code Section 35146

Closed Sessions:

  • Requirement: Governing boards are permitted to hold closed sessions to discuss confidential matters such as personnel issues, student disciplinary actions, and litigation.
  • Implications for Records: Although discussions in closed sessions are confidential, the fact that a closed session took place and the general subject matter must be recorded. Minutes of closed sessions are also maintained but are kept confidential.

California Education Code Section 35147

Open Meetings for School Site Councils and Advisory Committees:

  • Requirement: Meetings of school site councils and advisory committees must be open to the public, similar to governing board meetings.
  • Implications for Records: Minutes and records of these meetings must be maintained and made available to the public. These records help in documenting the decision-making processes and ensuring transparency at the school site level.

California Education Code Section 35252

Preservation of Records:

  • Requirement: School districts must preserve records as prescribed by law or regulation.
  • Implications for Records: This section reinforces the obligation to adhere to specific retention schedules and ensures that records are kept for the required periods. It emphasizes the need for proper management and preservation of records, aligning with other state laws and regulations governing record retention.

General Retention Requirements

Based on these sections, here are the general retention requirements for various types of school records:

Board Meeting Records

  • Open Meetings: Minutes and related documents must be retained permanently and made available to the public.
  • Closed Sessions: Minutes are kept confidential but must be retained as long as necessary for legal and administrative purposes.

School Site Councils and Advisory Committees

  • Meeting Records: Minutes and related documents must be maintained and available for public inspection, typically retained permanently or for a long-term period.

General Records

  • Student Records: Must follow retention schedules specified by the California Code of Regulations, such as permanent records being kept indefinitely and interim records for at least five years after a student leaves the district.
  • Fiscal Records: Generally retained for seven years to comply with audit requirements.
  • Employment Records: Retained for various periods, often five to seven years, after an employee leaves the district.

Practical Implementation

School districts must develop and follow specific policies and procedures to comply with these legal requirements. This involves:

  • Categorizing Records: Determining which records fall under permanent, interim, or other retention categories.
  • Retention Schedules: Adopting schedules that comply with state laws and regulations.
  • Storage and Security: Ensuring records are stored securely and access is controlled, especially for confidential records.
  • Destruction Policies: Implementing secure destruction methods for records that have met their retention periods and are no longer needed.

These sections collectively ensure that school districts maintain transparency, accountability, and proper management of records, providing a clear framework for retention and access. If you need further details or have specific scenarios, consulting the full text of the California Education Code or the district’s administrative office would be beneficial.

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