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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

©2018 (c) Liebert Cassidy Whitmore

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D. S

TUDENT RECORDS

1. W

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ETAINED

Under the Education Code, student records include any information that that is related to a

student.

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It does not include directory information, medical treatment information, letters of

recommendation, law enforcement records and parent financial information.

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Directory

information is general information about the student including, their name, address, telephone

number, date of birth, major field of study, participation in official school sports and

organizations, dates of attendance, awards and degrees, and the prior most recent school

attended.

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Districts must establish policies regarding the identification and release of directory

information.

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Districts must also establish regulations regarding the maintenance, destruction, and compilation

of student information.

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Title 5 establishes that districts may only retain information relevant

to, admission, registration, academic history, benefits, extracurricular activities, counseling and

guidance, discipline.

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ECORDS

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Title 5 requires the District to classify all records as either:

“Class 1 – Permanent Records”

Class 1 records include scholarship and enrollment records and must be kept indefinitely.

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“Class 2 – Optional”

Any document, “worthy of further preservation but not classified as Class 1 (Permanent) may be

classified as Class 2 (Optional.) It shall then be retained until it can be reclassified as Class 3

(Disposable.)

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“Class 3 – Disposable.”

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“Class 3” documents are “All records, other than Continuing Records, not classified as Class 1-

Permanent or Class 2-Optional.”

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Continuing records are “active and useful for administrative,

legal, fiscal, or other purposes over a period of years.”

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These records may be reclassified as

Class 3 when they are no longer useful.

Optional documents are not classified until the academic year after they are created.

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If they

are then classified as disposable, the records “should be destroyed during the third college year

after the college year in which it originated.” For example, if the record was created in the 2009-

10 school year, the third college year is the 2012-13 academic year. A continuing record “shall

not be destroyed until the third year after it has been classified as Class 3- Disposable.”

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