Guidance on Transfer of School Records within the RSU/AOS

INFORMATIONAL LETTER NO: 104
POLICY CODE: BA/JRA

TO: Superintendents of Schools
FROM: Susan A. Gendron, Commissioner
DATE: June 4, 2009
RE: Guidance on Transfer of School Records within the RSU/AOS

I would like to take this opportunity to provide you with guidance as you begin to transfer school records within the new Regional School Unit (RSU) or Alternative Organizational Structure (AOS).

It is assumed that a student who has attended a particular school within the new RSU or AOS will continue to attend the same school (or school to which he/she has been promoted), provided that his/her residency has not changed.

Pursuant to the Family Rights and Privacy Act (FERPA), it will not be necessary for a signed consent form to be completed by a parent in order to transfer the educational records to the RSU/AOS in which the youth resides (based on the above-mentioned conditions). The Family Rights and Privacy Act (FERPA) 34 CFR Part 99.31 states:

Under what conditions is prior consent not required to disclose information?

(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by §99.30 if the disclosure meets one or more of the following conditions:

(1)(i)(A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.

If you have further questions regarding this matter, please do not hesitate to contact Jennifer Pooler of the Reorganization Team. She may be reached by phone at 624-6802.