Law / United States / New Mexico

School districts and charter schools must keep personally identifiable educational records in accordance with FERPA

Standards for Excellence, general provisions, records and reports, 6.29.1.9(F) NMAC

In force.

A sensitive categories rule binding government bodies.

Obligation class
Security, Retention, Data subject rights

What it requires

  • If you are a New Mexico school district or charter school, maintain and treat all personally identifiable educational records in accordance with the Family Educational Rights and Privacy Act, its regulations at 34 CFR Part 99 and the Inspection of Public Records Act (6.29.1.9(F)(1) NMAC).
  • Keep all records safe from fire and theft and stored in a retrievable manner, and retain and dispose of all student records, including disciplinary and grading records, pursuant to 1.20.2 NMAC (6.29.1.9(F)(2) NMAC).
  • Forward the transcripts and copies of pertinent records of a student transferring to another school, including disciplinary records with respect to suspension and expulsion, promptly upon the receiving school's written request (6.29.1.9(F)(3) NMAC).
  • If you are a local school board or the governing body of a charter school, establish policies providing for inspection of education records by students and parents (6.29.1.9(F)(4) NMAC).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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Each school district and charter school must maintain and treat all personally identifiable educational records in accordance with the Family Educational Rights and Privacy Act, its implementing regulations set forth at 34 Code of Federal Regulations, Part 99, and the Inspection of Public Records Act, sections 14-2-1 through 14-2-12 of the New Mexico Statutes Annotated 1978.

All records must be safe from fire and theft and stored in a retrievable manner, and all student records, including disciplinary and grading records, must be retained and disposed of pursuant to 1.20.2 NMAC. Transcripts and copies of pertinent records of students transferring from one school to another, including disciplinary records with respect to suspension and expulsion, must be forwarded promptly upon written request by the receiving school.

Local school boards and governing bodies of charter schools must establish policies providing for inspection of education records by students and parents. The part's scope clause names all public schools, state educational institutions and educational programs conducted in state institutions other than the New Mexico military institute.

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