Question: Do we know how long a district has to keep the packets on expulsions that were used by the panel to determine the expulsion?

Response: The California Code of Regulations Title 5, sections 432 and 437 define student records and minimum retention requirements. (excerpts are added at the end of this message)

- Section 432 defines routine discipline data as a permitted record.

- Section 437 defines retention and destruction of pupil records with regards to permitted pupil records such that permitted pupil records may be destroyed when their usefulness ceases. They may be destroyed after six months following the pupil's completion of or withdrawal from the education program.

As the packets are identified as "routine discipline data" then they are defined as a permitted record with a retention minimum of six months following the completion or withdrawal from the education program unless their usefulness continues.

Caution should always be exercised before destroying any records that pertain to student data. It is recommended that you seek legal opinion and review prior to the destruction of materials in question.

CCR references:

Title 5. Education

Division 1. California Department of Education

Chapter 2. Pupils

Subchapter 2. Records of Pupils

Article 3. Individual Pupil Records 

§432. Varieties of Pupil Records.

(a) The principal of each school shall keep on file a record of enrollment and scholarship for each pupil currently enrolled in said school.

(b) Local school districts shall not compile any other pupil records except mandatory or permitted records as herein defined:

  (1) "Mandatory Permanent Pupil Records" are those records which the schools have been directed to compile by California statute authorization or authorized administrative directive. Each school district shall maintain indefinitely all mandatory permanent pupil records or an exact copy thereof for every pupil who was enrolled in a school program within said district. The mandatory permanent pupil record or a copy thereof shall be forwarded by the sending district upon request of the public or private school in which the student has enrolled or intends to enroll. Such records shall include the following:

     (A) Legal name of pupil.

     (B) Date of birth.

     (C) Method of verification of birth date.

     (D) Sex of pupil.

     (E) Place of birth.

     (F) Name and address of parent of minor pupil.

        1. Address of minor pupil if different than the above.

        2. An annual verification of the name and address of the parent and the residence of the pupil.

     (G) Entering and leaving date of each school year and for any summer session or other extra session.

     (H) Subjects taken during each year, half-year, summer session, or quarter.

     (I) If marks or credit are given, the mark or number of credits toward graduation allows for work taken.

     (J) Verification of or exemption from required immunizations.

     (K) Date of high school graduation or equivalent.

(2) "Mandatory Interim Pupil Records" are those records which schools are required to compile and maintain for stipulated periods of time and are then destroyed as per California statute or regulation. Such records include:

     (A) A log or record identifying those persons (except authorized school personnel) or organizations requesting or receiving information from the record. The log or record shall be accessible only to the legal parent or guardian or the eligible pupil, or a dependent adult pupil, or an adult pupil, or the custodian of records.

     (B) Health information, including Child Health Developmental Disabilities Prevention Program verification or waiver.

     (C) Participation in special education programs including required tests, case studies, authorizations, and actions necessary to establish eligibility for admission or discharge.

     (D) Language training records.

     (E) Progress slips and/or notices as required by Education Code Sections 49066 and 49067.

     (F) Parental restrictions regarding access to directory information or related stipulations.

     (G) Parent or adult pupil rejoinders to challenged records and to disciplinary action.

     (H) Parental authorizations or prohibitions of pupil participation in specific programs.

     (I) Results of standardized tests administered within the preceding three years.

(3) "Permitted Records" are those pupil records which districts may maintain for appropriate educational purposes. Such records may include:

     (A) Objective counselor and/or teacher ratings.

     (B) Standardized test results older than three years.

     (C) Routine discipline data.

     (D) Verified reports of relevant behavioral patterns.

     (E) All disciplinary notices.

     (F) Attendance records not covered in the Administrative Code Section 400

Title 5. Education Division 1. California Department of Education

Chapter 2. Pupils

Subchapter 2. Records of Pupils

Article 3. Individual Pupil Records

§ 437. Retention and Destruction of Pupil Records.

(a) No additions except routine updating shall be made to the record after high school graduation or permanent departure without the prior consent of the parent or adult pupil.

(b) Mandatory permanent pupil records shall be preserved in perpetuity by all California schools according to Chapter 2, Division 16, Part I, of this title.

(c) Unless forwarded to another district, mandatory interim pupil records may be adjudged to be disposable when the student leaves the district or when their usefulness ceases. Destruction shall be in accordance with Section 16027 of this title during the third school year following such classification.

(d) Permitted pupil records may be destroyed when their usefulness ceases. They may be destroyed after six months following the pupil's completion of or withdrawal from the educational program.

The method of destruction shall assure that records are not available to possible public inspection in the process of destruction.

5 CCR § 437, 5 CA ADC § 437

6/29/10