R277-487-4. Retention of Student Data

  (1) An LEA shall classify all student data collected in accordance with Section 63G-2-604.

  (2) An LEA shall retain and dispose of all student data in accordance with an approved retention schedule.

  (3) If no existing retention schedule governs student disciplinary records collected by an LEA:

  (a) An LEA may propose to the State Records Committee a retention schedule of up to one year if collection of the data is not required by federal or state law or Board rule; or

  (b) An LEA may propose to the State Records Committee a retention schedule of up to three years if collection of the data is required by federal or state law or Board rule, unless a longer retention period is prescribed by federal or state law or Board rule.

  (4) An LEA's retention schedules shall take into account the LEA's administrative need for the data.

  (5) Unless the data requires permanent retention, an LEA's retention schedules shall require destruction or expungement of student data after the administrative need for the data has passed.

  (6) A parent or adult student may request that an LEA amend, expunge, or destroy any record not subject to a retention schedule under Section 63G-2-604, and believed to be:

  (a) inaccurate;

  (b) misleading; or

  (c) in violation of the privacy rights of the student.

  (7) An LEA shall process a request under Subsection (6) following the same procedures outlined for a request to amend a student record in 34 CFR Part 99, Subpart C.