POLICY 7.22

7.22.  STUDENT SERVICES
The Board encourages students to volunteer for service to the School System or the community. School personnel will encourage students in such endeavors and establish effective guidelines for student volunteer service.

7.22.1.   SCHOOL SERVICE
Student volunteer service may be utilized where possible in the School System, but particularly at the secondary level in office practice, lab assistants, tutors, and teacher aides.

7.22.2.   PUBLIC SERVICE
Student volunteer service to the public will not infringe on class time and will comply with all school rules and regulations.

7.22.3.   SOLICITATIONS
Solicitations of any type are discouraged by the Board. However, there will be occasions when solicitations for a specific cause can be justified.

7.22.3.1.   Sale or Use of Student Lists for Direct Marketing
No person shall be allowed to use, sell or distribute student lists from the School District for the purpose of marketing goods or services by phone or mail. It is also prohibited to use such lists to obtain access to families for the purpose of solicitation. The provisions of this policy do not apply:

1. to legitimate educational purposes, which are determined by rules and regulations developed by the Public Education Department; or

2. when a parent of a student authorizes the release of the student’s personal identifying information in writing to the school principal.

Student directories containing names, addresses, telephone numbers, social security numbers and other similar identifying information may only be used for legitimate educational purposes if approved by the Superintendent or his designee.

Any person receiving a solicitation may bring an action against a person who violates this New Mexico law and policy. If a person has been found to be in violation, they shall be required to pay actual monetary damages or the sum of five hundred dollars ($500), whichever is greater, and reasonable attorney’s fees to the person receiving the solicitation. (Section 22-21-2 NMSA 1978).

Individuals desiring to use student lists for legitimate educational purposes are to submit their request in writing to the Superintendent of Schools. Requests for directory use are to specify the classification of directory requested and the purpose for which it will be utilized.

7.22.3.2.   Solicitation of Students
No organization may solicit funds from students without the approval of the Superintendent.
Distribution of materials not approved by the Superintendent or his designee is not permissible.

7.22.3.3.   Solicitations by Students
Students are not to solicit funds, goods, or materials in the name of the School System unless specifically approved to do so on a project basis by the Superintendent or his/her designee. A statement signifying that students are duly representing a school of the District signed by the Principal shall be required of any student soliciting funds on behalf of the School District.

7.22.4.   GIFTS
The Board discourages the giving of gifts under any circumstances in connection with the School System. However, there will be occasions when gift giving under controlled circumstances can be justified. The Superintendent will outline directions for school personnel in the area of gifts.

7.22.4.1.   Student Gifts to School
Students giving a gift to an individual school is acceptable. Students should be taught proper procedures for performing a generous act. They should never be coerced into giving a donation.

7.22.4.2.   Gifts to Students
School personnel may give token gifts to students. Such gifts should be presented with no conditions attached and, if given during the school day, should be given to every student in a given room.

7.22.5.   CONTESTS FOR STUDENTS
The Board discourages the participation of students in contests sponsored by outside groups. However, the Superintendent will establish directions for school personnel to follow in participating in contests, which are of an educational value, such as Americanism essays, spelling bees and scholarship projects.

7.22.6.   AWARDS AND SCHOLARSHIPS
Students selected by reputable organizations to receive awards and scholarships are a positive reflection upon the School System. School personnel will provide every opportunity for deserving students to receive recognition for achievement. Such awards and scholarships should not jeopardize a student’s standing with the New Mexico Activities Association or his standing as an amateur.

7.22.7.   STUDENT-COMMUNITY RELATIONS
It is the aim of the School District to have students display a high standard of morals, conduct, dress, attitudes, courtesy and friendliness. Our schools are judged on the basis of any or all of these characteristics as found, or not found, in each student at all times.

Conduct of students is the joint responsibility of the student, home, school and community. All must work together to see that students respect authority and to observe high standards of personal conduct.

7.22.8.   STAFF-STUDENT RELATIONS
It is our aim to teach students to become increasingly self-directive because self-direction is the best preparation for social life. Self-discipline is the goal toward which we constantly strive. The student will become increasingly self-directive if positive effort is taken on the part of his/her teachers to guide him/her. This may not occur unless the teacher realizes his/her responsibility as a sympathetic guidance to grow in self-direction and yet not stifle the student’s sense of responsibility for making decisions about his/her behavior.

Growth and development of self-discipline are slow processes and should not be hurried. At no time should students be given so much freedom that they lose control of their behavior. School attendance is required by law, but the privilege of attending school carries with it the responsibility of being a good citizen.

7.22.9.   ANOMALOUS STUDENTS
NOTE: This section includes students for whom special policy dispensations may have to be made. Where practical and possible, the Board will provide special programs or make exceptions in existing programs in order to meet the needs of students in unusual circumstances.

7.22.9.1.   Exceptional Students
Students who meet the State defined categories for exceptional children are eligible for Special Education programs.

Educational programs for exceptional children shall be established in a local public school system. Joint programs may be established between systems upon the mutual approval of the local Boards affected.

7.22.9.2. Special Education
School Districts are required to provide special education sufficient to meet the needs of all exceptional children as provided by statute (Section 22-13-5 NMSA, 1978). All Special Education programs shall be provided in accordance with Standards for Special Education.

1. “Special Education means the provision of services additional to, supplementary with, or different from those provided in the regular school program by a systematic modification and adaptation of instructional techniques, materials and equipment to meet the needs of exceptional children” (Section 22-13-6a NMSA, 1978).

2. “Exceptional Children means the children whose abilities render regular public school services inconsistent with their education needs” (Section 22-13-6B NMSA, 1978).

7.22.9.3.   Drop-Outs
School personnel will make every attempt to keep a student from dropping out of school.

The Principal will maintain a record of drop outs including the cause for leaving school and what efforts were put forth to keep him/her in school.

The instructional program will be constantly evaluated to determine whether the needs of potential dropouts are being met.

7.22.9.4.   Post-Secondary
Refer to Section 7.4.7 - NON ACCREDITED SCHOOL STUDENTS.

7.22.9.5.   Community Education
Where practical and possible, instructional programs may be offered for community education.

7.22.10. STUDENT RECORDS
For the purpose of this policy, the School District uses the following definitions of terms.

Student: Any person who is enrolled and attends or has attended a school in the School District.

Eligible Student: A student or a former student who has reached age 18 or is attending a postsecondary school.

Parent: Either natural parent of a student, a guardian, or an individual authorized to act as a parent or guardian in the absence of the student’s parent or guardian.

School Official: A person employed by the School District as an administrator, supervisor, instructor, or support staff member, including health or medical staff; a person elected to the School Board; a person employed by or under contract to the School District to perform a special task, such as an attorney, auditor, medical consultant, or therapist; a person who is employed by the School District for law enforcement purposes.

Legitimate Educational Interest: An interest is deemed legitimate if the school official is performing a task that is specified in his or her position description or by contractual agreement in connection with the operation, maintenance, management, or programs and functions of the School District, performing a task related to the student’s education; performing a task related to the discipline of a student; providing a service or benefit relating to the student or student’s family, such as healthcare, counseling, job placement, or financial aid; maintaining the safety and security of the campus.

Education Records: Any record (in handwriting, print, tapes, film, or other medium) maintained by the School District, or an agent of the School District, which contains information directly related to a student except:

1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.

2. Records created and maintained by the District Law Enforcement Unit for law enforcement purposes.

3. An employment record that relates exclusively to an individual in his or her capacity as an employee of the School District and which is not available for other use.

4. Alumni records which contain information about a student after he or she is no longer in attendance at the School District and do not relate to the person as a student.

7.22.10.1. Maintenance of Records
The School District shall maintain a cumulative record folder for each student attending its schools. The cumulative record folder shall contain all the education records identified in the definition above and not include any record that qualifies as an exception to the definition.

The following types of files shall be considered education records and shall be included in the cumulative file:

1. Identification information, including name, sex, race, birthplace, and birth date;

2. Family data;

3. Medical health records and emergency medical information;

4. Attendance records;

5. Academic or scholastic records;

6. Standardized test scores;

7. Records of educational or vocational plans;

8. Records of interests, activities and honors.

9. Teacher evaluations, if shared with anyone else;

10. Counselor evaluations, if shared with anyone else;

11. Information pertaining to special services provided for students; and

12. Records of incidents of unsatisfactory behavior or imposition of discipline.

Records that may be purged shall be removed from the record and properly disposed of unless a request for a review by a parent or student is pending. At a minimum, the student’s record shall be reviewed for records to be purged when the student has completed elementary school, middle school, and high school. Records, which may be purged, include those previously designated as such.

7.22.10.2. Transcripts
Permanent student records shall include a transcript of high school credits. All high school transcripts shall include credits required for graduation, credits earned, rank, number of students in graduating class, and graduation date. Additionally, the transcripts will show whether the student earned a diploma or certificate and performance on the New Mexico High School Competency Examination.

7.22.10.3. Use and Inspection of Education Records
The school must make every effort to keep student records confidential and out of the hands of those who might use them for other than legitimate purposes. Information of a highly confidential and personal nature about students that counselors, teachers, and other school personnel acquire must be respected as confidential. School personnel will regard parents and guardians as having every right to access information in their student’s file, if the student is less than eighteen (18) years of age.

1. The contents of the official folder of a student should not be sent outside the Office of the Registrar or other records office except in circumstances specifically authorized by the Principal or the custodian of the other records.

2. Either parent, although divorced or separated, is allowed access to the educational records of their child unless specified by court order.

3. An administrator is authorized to require proper identification of any parent or guardian, or any individual requesting records for release or review.

4. Parents or eligible students who wish to inspect and review student records shall submit a request in writing to the Principal of the student’s school which identifies as precisely as possible the record or records he or she wishes to inspect. When he receives a written request for review of the records from a parent or a student who has a right to inspect the records, the Principal shall schedule the review. The appointment date should be as early as possible, but never later than forty-five (45) days after the request was made.

5. The inspection and review shall be made in the office of the Principal or at another place designated by him. A school official competent in interpreting student records shall be present to explain the implications of the records that are examined. After inspection, the parent or eligible student may request copies of the records inspected. Parents or eligible students who live further than fifty (50) miles from the place where the records are kept may request copies of the records without first inspecting them at the District’s designated place. In such a case, the District will copy the records at the requestor’s expense and mail the records by registered mail, return receipt requested.

6. When a record contains information about students other than a parent’s child or the eligible student, the parent or eligible student may not inspect and review the portion of the record that pertains to other students. At the discretion of school officials, the names of the students may be excised or deleted from the record in order to permit inspection.

7. Any other request for transcripts, grade reports, or other information requested by a third party must be accompanied by written approval from the parent or guardian unless the student is eighteen (18) years of age. If the student is eighteen (18) years of age, written approval from the student must be presented by the third party before records will be released.

8. Any third party reviewing or obtaining records must complete a form, which specifies the purpose for which the information will be used, what information was reviewed or obtained, and the signature of the third party. The completed form must then be placed into the student’s cumulative record.

9. The School District reserves the right to deny a parent or eligible student a copy of the student’s education records in the following circumstances, unless failure to provide a copy would effectively prevent the parent or eligible student the right to inspect and review education records:

A. The parent or student has an unpaid financial obligation to the School District.

B. The education record requested is an exam or set of standardized test questions, covered by the publisher’s restriction or copyright.

10. The fee for copies requested of education records shall not exceed ___ per page which includes copy time and postage.

7.22.10.3.1. Disclosure of Education Records
The School District will disclose information from a student’s education records only with the written consent of the parent or eligible student, except that the School District may disclose or permit inspection or disclosure, without consent when disclosure is for the reasons enumerated below:

1. To school officials who have a legitimate educational interest in the records, including for purposes related to financial aid.

2. To officials of another school, upon request, in which a student seeks or intends to enroll. In such a case, the parent or eligible student shall receive notice of the request.

3. To certain officials of the U.S. Department of Education, the Comptroller General, the State and local education authorities, in connection with an audit or an evaluation of certain State or federally supported education programs.

4. In connection with a student’s request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the conditions of the aid.

5. To State and local officials or authorities if specifically required by State law adopted before November 19, 1974.

6. To organizations conducting education related studies for or on behalf of the School District.

7. To accrediting organizations to carry out their functions.

8. To parents of an eligible student if the student is a dependent for tax purposes.

9. To comply with a judicial order or a lawfully issued subpoena. In such a case, school officials shall make reasonable efforts to notify the parent or eligible student to permit them to challenge disclosure if desired.

10. To appropriate parties in a health or safety emergency, or in connection with any investigation of child abuse or neglect if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

11. State and local authorities, within a juvenile justice system, pursuant to specific State law.

12. The disclosure is to an alleged victim of any crime of violence, as that term is defined in Section 16 of Title 18, United States Code, of the results of any disciplinary proceeding conducted by an institution of post secondary education against the alleged perpetrator of that crime with respect to that crime.

13. To individuals requesting directory information as designated by the School District.

The School District will maintain a record of all requests for and/or disclosure of information from a student’s education records. The record shall be kept in each student’s cumulative file and shall indicate the name of the party making the request, any additional information to whom the information may be redisclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the parent or eligible student.

The School District may disclose personally identifiable information from an educational record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student.

7.22.10.3.2. Special Education Access Right

1. Policy manuals are located in each administrative unit and are available for review.

2. Parents have the right to inspect and review any education records relating to their children which are collected, maintained, or used by the School District. The agency will comply with the request to review before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of the child.

The right to inspect and review education records under this section includes:

A. The right to a response from the School District to reasonable requests for explanations and interpretations of the records; the right to request that the School District provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

B. The right to have a representative of the parent inspect and review the records.

The School District may presume that the parent has authority to inspect and review records relating to his/her child unless the agency has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.

7.22.10.3.3. Notification of Rights Under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s education records. They are:

1. The right to inspect and review the student’s education records within forty-five (45) days of the day the School District receives a request for access. Parents or eligible students should submit to the school Principal a written request that identifies the record(s) they wish to inspect. The Principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

2. The right to request the amendment of the student’s education records, that the parent, or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the School District to amend a record that they believe is inaccurate or misleading. They should write the school Principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the School District decides not to amend the record as requested by the parent or eligible student, the School District will notify the parent or eligible student of the decision and advise them to their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the School District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, (such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks). A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

4. Copies of the complete FERPA policy adopted by the School District may be obtained from the Student Personnel office or from the Principal’s office of each school in the School District.

5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with the requirements of FERPA. The office that administers FERPA is:

Family Policy Compliance Office U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605

In compliance with 34 C.F.R. Section 99.7 of the regulations adopted pursuant to the Federal Educational Rights and Privacy Act, parents shall be notified of their rights under such statute by:

A. Annual publication in student handbook; or

B. Letter sent via U.S. Mail at the beginning of the academic year.

7.22.10.3.4. Disclosure of Directory Information

1. The School District classifies the following as directory information:

A. Student’s name;

B. Parent’s name;

C. Address;

D. Telephone listing;

E. Electronic mail address;

F. Date and place of birth;

G. Grade level;

H. Participation in officially recognized activities and sports;

I. Weight and height of members of athletic teams;

J. Dates of attendance (Dates of attendance shall be construed to mean periods of time such as certain academic year, semester, or quarter. The term does not include specific daily records or attendance.);

K. Diplomas and awards received;

L. Student’s photograph; and

M. Most recent previous school attended by the student.

School officials may release this information to any person without the consent of the parents or the student. Any parent or eligible student who objects to the release of any or all of this information without his consent must notify, in writing, the Principal of the school where the records are kept. The objection must state what information the parent or student does not want to be classified as directory information. If no objection is received, information designated above will be classified as directory information until the beginning of the next school year.

2. Extreme caution is applied when any information is released in response to telephone inquiries. Urgent request for student information, i.e., immediate whereabouts, based upon an apparent emergency, will be determined by the school Principal.
3. Prior consent is not required for the School District to disclose student information to comply with a judicial order or lawfully issued subpoena. However, the School District must make a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance.

7.22.10.4. Digital Data, Photo, and Publishing
The School District will make every effort to protect the personal and intellectual property rights of their students. Additionally, the School District will attempt to protect students from unwanted identification and communications.

Students’ digital or non-digital data, work, name or photo, will not be published on any School District-controlled web site without the express written permission of the student and their parent/guardian. A student’s name and photo will never be published together at any time on any School District-controlled web site, where persons outside the School District could identify a student.

All student work that is published will be given appropriate references and credit, where due and when possible. Ultimately, the ownership of all work is retained by the student, but copyrighted publishing rights will be extended to the School District for their use, free from any fees, for as long as they maintain the information on School District property/servers.

7.22.10.5. Military Access to Students
1. The School District’s Board of Education adopts this policy in compliance with the No Child Left Behind Act.

2. The high school(s) are required to disclose the names, addresses, and telephone numbers of high school students upon request by military recruiters and institutions of higher learning, unless individual students or their parents request that the information not be released without prior written consent. The high school(s) will inform students and parents that they may request that such student information not be released without prior written consent. The high school(s) will request parents/students (grades 9-12) to complete a form indicating whether they grant permission for the release of the student’s information to military recruiters, prospective employers and post-secondary institutions.

3. High school principals are prohibited from excluding military recruiters from high school campus(es) if they do not similarly exclude prospective employers or post-secondary institutions from recruiting students.

7.22.11. STUDENT FEES, FINES AND CHARGES

1. Students shall be assessed the cost for lost or damaged items, such as textbooks, laboratory equipment, small tools and appliances, etc.

2. Material fees will not be assessed for required courses.

3. Students who enroll in elective courses, which produce student projects as a part of the requirements of the course, will be assessed the cost of materials utilized to produce the project. The project will become the property of the student upon completion.

4. Students who enroll in elective courses which utilize consumable supplies and materials may be assessed a reasonable fee for such supplies and materials.

5. The Board does not intend for the policy to hamper, impede, or deprive any student in the pursuit of a sufficient public school education.

6. The Superintendent will formulate and administer fair and equitable rules and regulations for the collection of student fees, fines, and charges. Such rules and regulations will not unduly penalize a student for late or nonpayment of such charges and assessments.

7. The parent, guardian, or student may be held responsible for the loss, damage, or destruction of instructional material while the instructional material is in the possession of the student. The School District may withhold the grades, diploma and transcripts of the student responsible for damage or loss of instructional material until the parent, guardian or student has paid for the damage or loss. (Section 22-15-10 NMSA, 1978) rule applies to instructional materials or textbooks.

8. The Superintendent will formulate and administer rules and regulations which will make it possible for charges and assessments to be waived in those instances where a student or his/her parents are not financially able to pay.

9. The Superintendent will keep the Board informed concerning the assessment of fees, fines, and charges.
ADOPTED:

REVISED: 10/08/08; 11/11/08

LEGAL REFERENCES:

CROSS REFERENCES:

Section VII Students