37-15-3 - Storage of cumulative folders; access to records; disposition of records upon transfer of student between schools; destruction of records.
§ 37-15-3. Storage of cumulative folders; access to records; disposition of records upon transfer of student between schools; destruction of records.
Such cumulative folders as are provided for in Section 37-15-1 shall be kept in the school wherein the pupils are in attendance. Both the permanent records and the cumulative folders shall be available to school officials, including teachers within the school district who have been determined by the school district to have legitimate educational interests. In no case, however, shall such records be available to the general public. Transcripts of courses and grades may be furnished when requested by the parent or guardian or eligible pupil as prescribed in the Family Educational Rights and Privacy Act of 1974, as amended, 20 USC Section 1232. Such records shall be kept for each pupil throughout his entire public school enrollment period. In the event a pupil transfers to a public school, then the cumulative folder shall be furnished to the head of the school to which the pupil transfers; if a pupil transfers to a private school, then a copy of the cumulative folder shall be furnished to the head of the school to which the pupil transfers. The permanent record shall be kept permanently by the school district from which the pupil transferred.
At no time may a permanent record of a student be destroyed, but cumulative folders may be destroyed by order of the school board of the school district in not less than five (5) years after the permanent record of the pupil has become inactive and has been transferred to the central depository of the district. Provided, however, that where a school district makes complete copies of inactive permanent records on photographic film, microfilm, or any other acceptable form of medium for storage which may be reproduced as needed, such permanent records may be destroyed after the photographic film or microfilm copy has been stored in the central depository of the district.
Sources: Codes, 1942, § 6225-02; Laws, 1953, Ex Sess, ch. 24, § 2; Laws, 1954, ch. 266; Laws, 1974, ch. 451, § 3; Laws, 1980, ch. 424, § 3; Laws, 1986, ch. 492, § 89; Laws, 1995, ch. 480, § 3; Laws, 2009, ch. 444, § 1, eff from and after July 1, 2009.