Friday, September 03, 1999
Schools told to protect records
Policy would clarify when file is released
BY ANDREA TORTORA
The Cincinnati Enquirer
COVINGTON — School districts that get served with subpoenas seeking copies of student records need to set clear policies for how and when those records are released, according to Kenton Commonwealth Attorney Don Buring.
The federal Buckley Amendment makes students' academic records private.
But more and more attorneys are seeking those records in criminal cases, especially those involving allegations of child abuse, Mr. Buring said Thursday.
“Part of what has happened is that someone gets a subpoena and they think they need to comply,” Mr. Buring said. “There really needs to be something that is truly a court order” to get the records.
State law makes school superintendents responsible for student records. A policy for release of records would protect a district from liability and ensure student privacy.
Northern Kentucky's school superintendents plan to meet with Mr. Buring's staff and their school board attorneys to develop protocols.
Walton-Verona Schools Superintendent Robert Storer said it is a good idea to come up with a code of ethics and general guidelines on how to handle requests for student records.
“Wouldn't it be scary if you have children and you know that anyone can get their records?” Dr. Storer said. “The records are pretty much sacred.”
Mr. Buring said schools should consider releasing records only from the central office and providing only copies of those records, not originals.
Schools should also restate policies on reporting crimes and abuse cases to ensure that authorities are notified immediately, Mr. Buring said.
Education Commissioner Wilmer Cody said schools should follow Mr. Buring's advice.
“We can't investigate or try to control what parents do with their children,” Dr. Cody said. “There are other agencies that handle this.”
Rules protecting student records are murky. Under the Buckley Amendment those records are private and can be released only by a child's parent or legal guardian. After age 18, only the student can authorize the release of his or her records.
The rules are less clear as to what constitutes a student's record.
Conversations between students and guidance counselors, a student's medical file and records of discipline might not be included.
“It's a fluid area,” Mr. Buring said. “No one has reached a decision about what records are discoverable and which ones are not.”
City very 'politically incorrect'
Sheriff defends legal work
Leis withdraws suit that fueled controversy
City's development director leaving
Officers' taped statements about shooting released
Art Museum should 'reach out'
Swimmer heads 100 miles down the Ohio to help orphans
Clermont slaying a mystery
DeWine gives endorsement to McCain
DOE tests new ways to ship soil
FOP spreads out backing for council
Home rule sounds good to officials in Anderson
Legion's souvenir bomb still fused
p8 Smog alert issued for today and Saturday
Clooney moves to WSAI
Sorry, kids: 'NSync is an 'NSipid rip-off
Darts get the story
Dryness' effect on leaf colors still up in the air
GET TO IT
14-year-old arrested in beating death
Accused robber agrees to cooperate
Cable project likely at its end
Columbus looks into police officers' sex with prostitutes
County proposes sharing airport costs
Ex-administrator seeks to join board that fired her
Family barn canvas for logo
Five state reps oppose area code change
Franklin Jr. High getting new boss
Grenades found along Ohio River bank
Man gets prison for benefits theft
Mason, Deerfield in court yet again
Police seek five suspects in jewelry store robbery
Schools told to protect records
St. Antoninus rebuilds school
Thriftway store may take over school site
TRISTATE DIGEST
Willie Nelson draws for Ky. candidate
Woman sues over bond going to child support
