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Inquiries Regarding Student Information or Student Records

Legal Requests

APS employees are often contacted with regard to legal matters to which APS is not a party.

APS employees are prohibited from meeting or talking with anyone other than a student's parent or guardian about a student without a written release or in compliance with The Family Educational Rights and Privacy Act (FERPA). APS employees, however, may write letters of recommendation on behalf of students upon request from students or legal guardians. In every case where APS employees are contacted by an attorney, attorney's agent, or any officer of the court regarding APS students, personnel, or other district business, they should refer that inquiry to their immediate supervisor. The supervisors are to refer the request to the Custodian of Records.

In some cases, teachers or other personnel such as counselors and diagnosticians are asked to serve as a witness or an expert witness. APS personnel are directed not to volunteer as witnesses. Leave with pay will be granted to a teacher where absence from duty is required by a lawful subpoena. Subpoenas and witness fees received will be submitted to the Custodian of Records. 

Student Record Requests

Albuquerque Public Schools recognizes the rights of parents and guardians to access their student’s educational record in accordance with FERPA. In addition, students over the age of 18 may access their own records. FERPA provides certain rights to parents/guardians and eligible students.  In brief, these rights include:

  • Parents/guardians/eligible students have the right to inspect and review the student’s education records
  • Parents/guardians/eligible students have the right to request that a school correct records which they believe to be inaccurate.
    • If a school decides not to change the record, the parent/guardian/eligible student has the right to a formal hearing.
    • After the hearing, if the school decides not to change the record the parent/guardian/eligible student has the right to place a statement with the record about his/her view of the contested information

Parents/guardians/eligible students must give written permission for a school to release a student’s educational record to third parties not covered by FERPA. FERPA allows schools to disclose a student’s educational records, without consent, to the following parties or under the following circumstances.

  • School officials with a legitimate educational interest
  • Other educational institution where the student is enrolled or seeks to enroll
  • DOE, state or local education authorities
  • Appropriate parties connected to financial aid for the student
  • State or local officials in conjunction with legislative requirements
  • Accrediting organizations
  • Organizations conducting studies for or on behalf of the school
  • Judicial order or subpoena
  • Appropriate officials in cases of health or safety emergencies

School sites shall direct all questions about fulfilling these requests to the Custodian of Records. Whenever possible, APS will redact personally identifiable information of students from responses to requests for records from third parties.

APS records retention varies by record type. APS cannot guarantee availability of all records or feasibility of changing records. A high school transcript is the only officially recognized record of high school coursework and graduation. Diplomas are only available from the school at the time of graduation. Copies of the diplomas are not retained by the school district; but a transcript should be available. 

Administrative Position:

  • Executive Director of Student, Parent and Employee Service
  • Center/ Executive Director of Student Information Systems

Department Director:       

  • Custodian of Public Records
  • System Administrator, Student Information Systems

References:
Legal Cross Ref:                             

Board Policy Cross Ref:                         

Procedural Directives Cross Ref:         

Forms:

  • APS Student Handbook                                                                     

NSBA/NEPN Classification: JRC

Revised: May 1995
Revised: April 1996
Revised: May 1997
Reviewed: April 22, 2019
Revised: April 26, 2019