RETENTION NOTES: GRANT RECORDS - The 7-year retention period frequently established for records of school districts derives from federal requirements in 34 CFR 75.734, 76.734, and 80.42(a)(1) and (c) governing the retention of financial and programmatic records, including supporting documents, statistical reports, and other records pertinent to program regulations or the grant agreement relating to projects or programs funded by the U.S. Department of Education through sub grants using federal funds from the Texas Education Agency. These requirements are reiterated in the Texas Education Agency's Bulletin 679: Financial Accounting Manual.

Federal regulations require that all records of the types mentioned must be available for audit for 5 years after the date of submission of the single or last expenditure report by the Texas Education Agency as sub grantor, not by the school district. Because final expenditure reports are submitted by the Texas Education Agency after all reports from districts are received, a 7-year retention period for many records of school districts is necessary to satisfy this requirement adequately.

If an audit is pending in which an expenditure or the eligibility of a student to participate in a federal program is questioned, then all records affecting the outcome of the audit must be retained until the audit is settled.

Copies of reports or records submitted to the Texas Education Agency must be retained by school districts in accordance with this schedule.

3225-02 RECORDS OF ACCESS TO INFORMATION - Record of each request for access to and each disclosure of personally identifiable information from the educational records of a student.

a) Documentation of requests from and disclosures to the parent or eligible student, to an official of the district for what the district has determined are legitimate educational interests, to a party with written consent from the parent or eligible student, or to a party seeking directory information. RETENTION: 2 years

b) Documentation of requests from and disclosures to any party not included in (a). RETENTION: Permanent [34 CFR 99.32(a)(2)]

c) Written consents from the parent or eligible student for information disclosure.

1) From the parent. RETENTION: Until the student is 18

2) From the eligible student. RETENTION: Permanent

RETENTION NOTE: It is an exception to the retention periods given for parental and eligible students consent that if the only records covered by a consent are those associated with enrollment by a student in grades Pre-K through 8, the consents may be disposed of at the same time the records are destroyed.

d) Written refusals from the parent or eligible student to the disclosure information.

1) If refusals are valid as long as the student is in attendance. RETENTION: 1 year after date of withdrawal. (Exempt from destruction request requirement.)

2) If refusals must be renewed each academic year. RETENTION: US or 1 year after date of withdrawal, as applicable. (Exempt from destruction request requirement.)

3225-03 PROTEST OF RECORD STATEMENTS - Statements by parent or eligible student commenting on contested information in a student record, or stating why they disagree with a district's decision not to amend a record, or both. RETENTION: For as long as the record containing the contested information is maintained. [34 CFR 99.21(c)(1)]

3225-04 RECORD AMENDMENT REQUESTS AND RELATED DOCUMENTATION - Requests from parents or eligible students to amend student records, notices by the district of denial or consent to amendments, requests for hearings on denied requests, hearing notices, and written decisions by hearing examiners. RETENTION: 2 years