Law / United States / Puerto Rico

Public school student records: confidentiality and custody of school records (Ley de Reforma Educativa de Puerto Rico, Art. 1.05)

Ley Núm. 85 de 29 de marzo de 2018, según enmendada, Arts. 1.04(g) y 1.05 (3 L.P.R.A. §§ 9801c y 9801d)

In force since .

A sensitive categories rule binding government bodies.

Obligation class
Access restriction

What it requires

  • If you are a public school director in Puerto Rico, keep and safeguard each enrolled student's school record, and keep it clear, current and available when the student transfers to another school or jurisdiction (Ley 85-2018, Art. 1.05).
  • Treat the school record as confidential: share it only between officials of government agencies or educational institutions in the course of their functions under the limits of the applicable laws, or when a court order requires it (Ley 85-2018, Art. 1.05).
  • Send the school information collected to the Regional Educational Offices, safeguarding the identity of the students, so that it forms part of the Department's longitudinal data system (Ley 85-2018, Art. 1.05).
  • When you share student information with the Statistics Institute of Puerto Rico as the Department's authorized representative, safeguard the student's confidentiality rights under Art. 1.05 (Ley 85-2018, Art. 1.04(g)).

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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A public school director must keep and safeguard the school record of every student enrolled in the school. The record must contain the student's name, address, telephone, parents' or guardians' names and contact information, grades and test results, health and vaccination information, disciplinary and attendance reports, prior schools, courses, honors and degrees, and the individualized education program reports of special education students.

School records are confidential, except for information shared between officials of government agencies or educational institutions in the course of their functions under the limits of the applicable laws, or information a court order requires. The school information collected is sent to the Regional Educational Offices so that, with the students' identity safeguarded, it forms part of the Department's longitudinal data system.

Article 1.04(g) designates the Statistics Institute of Puerto Rico as the Department's authorized representative so that student information is shared with the Institute, safeguarding the student's confidentiality rights under Article 1.05. The Act took effect on approval, except for its school-choice program. The Act was approved on .

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