Rights Concerning Student Records

Disclosure Without Written Consent

CEC may disclose student education records or PII contained therein without the written consent of the parent/guardian or eligible student if the disclosure meets one of the following conditions:

• The disclosure is to a school official having a legitimate educational interest in the student’s education record or the PII contained therein. In accordance with law, only those school officials who have a legitimate educational interest as described in this policy shall be permitted access to specific student education records.
  • For purposes of this policy, a “school official” is a person employed by CEC as an administrator, supervisor, teacher, or support staff member (including health or medical staff, campus culture/security staff, administrative personnel); a person serving on the CEC Board; a person or company with whom CEC has outsourced services it would otherwise use its own employees to perform (such as an attorney, auditor, consultant or therapist); a parent or student serving on an official committee; or a parent, student or other volunteer assisting a CEC employee in performing their job duties.
  • A school official has a “legitimate educational interest” if disclosure to the school official is: necessary for that official to perform appropriate tasks that are specified in their job description or contract agreement; used within the context of official school business and not for purposes extraneous to the official’s areas of responsibility; relevant to the accomplishment of some task or to a determination about the student; and consistent with the purposes for which the data are maintained; to conduct fundraising activities.
• The disclosure is to officials of another school, school system, or postsecondary institution that has requested the records and in which the student seeks or intends to enroll or has enrolled. Records sent during the student’s application or transfer period may be supplemented, updated, or corrected as necessary.
• The disclosure is to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state and local educational authorities.
• The disclosure is in connection with a student’s application for, or receipt of, financial aid.
• The disclosure is to state and local officials and concerns the juvenile justice system’s ability to effectively serve, prior to adjudication, the student whose records are disclosed as provided under the Colorado Open Records Act and Colorado Children’s Code. Such records and PII shall only be disclosed upon written certification by the officials that the records and information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the parent or eligible student.
• The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; to administer student aid programs; or to improve instruction.
• The disclosure is to accrediting organizations for accrediting functions.
• The disclosure is to the parent of an eligible student and the student is a dependent for IRS tax purposes.
• The disclosure is in connection with an emergency if the information is necessary to protect the health or safety of the student or others.
• The disclosure is to comply with a judicial order or lawful subpoena. CEC shall make a reasonable effort to notify the parent/guardian or eligible student prior to complying with the order or subpoena unless:
  • The court order or subpoena prohibits such notification; or
  • The parent/guardian is a party to a court proceeding involving child abuse and neglect or dependency matters, and the court order is issued in the context of that proceeding.
• The disclosure is to the Secretary of Agriculture, or an authorized representative from the USDA Food and Nutrition Service or contractors acting on behalf of the USDA Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of state and local educational agencies receiving funding or providing benefits of program(s) authorized under the National School Lunch Act or Child Nutrition Act.
• The disclosure is to an agency caseworker or other representative of a state or local child welfare agency or tribal organization who has the right to access the student’s case plan because such agency or organization is legally responsible, in accordance with applicable state or tribal law, for the care and protection of the student.
• The disclosure is of “directory information.” Directory information may be disclosed without the written consent of the parent/guardian or eligible student. The parent/guardian or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is submitted in writing to the school.