language: en · last checked: 2026-09-19

New Jersey — student records and remote instruction (N.J.A.C. 6A:32-7, 6A:32-13)

New Jersey's student-records rules, made by the State Board of Education: what a student record is and what it may contain, the mandated records every district must keep, how records are maintained and secured, who may have access and on what conditions, the parent's and adult student's right of appeal, and the retention and disposal schedule — including the 100-year mandated record. Subchapter 13 governs a district's programme of virtual or remote instruction.

Subchapter 7. Student Records

6A:32-7.1 General considerations

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

• 1. Guarantee access to persons authorized under this subchapter within 10 days of a request, but prior to any review or hearing conducted in accordance with N.J.A.C. 6A;
• 2. Assure security of the student records;
• 3. Enumerate and describe the student records collected and maintained by the district board of education;
• 4. Provide for inclusion in a student record any educationally relevant information provided by the parent or adult student;
• 5. Allow for release of school contact directory information for official use, as defined in N.J.A.C. 6A:32-7.2;
• 6. Provide the parent or adult student a 10-day period to submit to the chief school administrator a written statement prohibiting the inclusion of any or all types of information about the student in any student information directory before allowing access to the directory and school facilities to educational, occupational, and military recruiters pursuant to N.J.S.A. 18A:36-19.1 and P.L. 114-95, § 8528, Armed Forces Recruiter Access to Students and Student Recruiting Information of the Every Student Succeeds Act of 2015;
• 7. Provide, pursuant to (b) above, the parent or adult student a 10-day period to submit to the chief school administrator a written statement to exclude information from any school directory for official use;
• 8. Assure limited access to student records by secretarial and clerical personnel pursuant to N.J.A.C. 6A:32-7.5;
• 9. Provide for the access and security of student records maintained in an electronic system; and
• 10. Maintain the confidentiality of all student records containing the name, Social Security number, address, and telephone number information, or the address for certified participants in the Address Confidentiality Program pursuant to N.J.A.C. 3A:71.

6A:32-7.2 School contact directory for official use

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

6A:32-7.3 Mandated student records

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

• 1. The student’s name, address, telephone number, date of birth, name of parent(s), gender, standardized assessment results, grades, record of daily attendance, classes attended, grade level completed, year completed, and years of attendance;
• 2. Descriptions of the student’s progress according to the district board of education’s student performance data;
• 3. History and status of physical health compiled in accordance with State regulations, including immunizations and results of any physical examination(s) given by qualified school district employees;
• 4. Records pursuant to rules and regulations regarding the education of students with disabilities; and
• 5. All other records required by N.J.A.C. 6A.

6A:32-7.4 Maintenance and security of student records

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

6A:32-7.5 Access to student records

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

• 1. The student who has the written permission of a parent and the parent of a student under the age of 18, regardless of whether the child resides with the parent, except pursuant to N.J.S.A. 9:2-4;
  • i. The place of residence shall not be disclosed; and
  • ii. Access shall not be provided if denied by a court;
• 2. Students at least 16 years of age who are terminating their education in the school district because they will graduate secondary school at the end of the term or no longer plan to continue their education;
• 3. An adult student and/or a parent who has the written permission of an adult student, except that the parent shall have access without the adult student’s consent, as long as the adult student is financially dependent on the parent and enrolled in the public school system, or if the adult student has been declared legally incompetent by a court of appropriate jurisdiction. The parent of a financially dependent adult student may not disclose information contained in the adult student’s record to a second or third party without the adult student’s consent;
• 4. Certified school district personnel who are assigned educational responsibility for the student shall have access to the general student record but not to the student health record except under conditions permitted in N.J.A.C. 6A:16-2.4;
• 5. Certified educational personnel who have assigned educational responsibility for the student and who are employed by agencies listed below shall have access to the general student record, but not to the student health record, except under conditions permitted at N.J.A.C. 6A:16-2.4:
  • i. An approved private school for students with disabilities;
  • ii. A State facility;
  • iii. Accredited nonpublic schools in which students with disabilities have been placed pursuant to N.J.S.A. 18A:46-14; or
  • iv. Clinics and agencies approved by the Department;
• 6. To fulfill its legal responsibility, a district board of education shall have access through the chief school administrator, or the chief school administrator’s designee, to information contained in a student’s record. Information shall be discussed in executive session, unless otherwise requested by the parent or adult student;
• 7. Secretarial and clerical personnel under the direct supervision of certified school personnel shall be permitted access to portions of the record to the extent necessary for the entry and recording of data and the conducting of routine clerical tasks. Access shall be limited only to student files in which such staff are directed to enter or record information, and shall cease when the specific assigned task is completed;
• 8. Accrediting organizations to carry out their accrediting functions;
• 9. The Commissioner and Department staff members who are assigned responsibility that necessitates the review of such records;
• 10. Officials of other district boards of education within the State or other educational agencies or institutions where the student is placed, registered, or seeks to enroll, subject to the following conditions:
  • i. Original mandated student records that schools have been directed to compile by New Jersey statute, regulation, or authorized administrative directive shall be forwarded to the receiving school district, agency, or institution with written notification to the parent or adult student;
  • ii. Original mandated student records that a district board of education has required shall be forwarded to the receiving school district, agency, or institution only with the written consent of the parent or adult student, except where a formal sending-receiving relationship exists between the school districts;
  • iii. All records to be forwarded, including disciplinary records as specified at N.J.S.A. 18A:36-19a, shall be sent to the chief school administrator of the school district to which the student has transferred, or the chief school administrator’s designee, within 10 school days after the transfer has been verified by the requesting school district;
  • iv. The chief school administrator, or the chief school administrator’s designee, shall request, in writing, all student records from the school district of last attendance within two weeks from the date that the student enrolls in the new school district;
  • v. Upon request, the chief school administrator of the school district of last attendance, or the chief school administrator’s designee, shall provide a parent(s) or an adult student with a copy of the records disclosed to other educational agencies or institutions; and
  • vi. Proper identification, such as a certified copy of the student’s birth certificate or other proof of the student’s identity pursuant to N.J.S.A. 18A:36-25.1, shall be requested at the time of enrollment in a new school district;
• 11. Officials of the United States Department of Education assigned responsibilities that necessitate review of such records;
• 12. Officers and employees of a State agency responsible for protective and investigative services for students pursuant to N.J.S.A. 9:6-8.40. Wherever appropriate, district boards of education shall ask the State agency for its cooperation in sharing the findings of an investigation;
• 13. Agency caseworkers or other representatives of a State or local child welfare agency who have the right to access a student’s case plan when the agency or organization is legally responsible, in accordance with State law, for the care and protection of the student, consistent with 20 U.S.C. § 1232g(b)(1)(L).
• 14. Organizations, agencies, and persons from outside the school if they have the written consent of the parent or adult student. Organizations, agencies, and persons shall not transfer student record information to a third party without the written consent of the parent or adult student;
• 15. Organizations, agencies, and individuals outside the school, other than those specified in this section, upon the presentation of a court order; and
• 16. Bona fide researchers who explain to the chief school administrator the nature of the research project and the relevance of the records sought. Prior to the release of records to a researcher, the chief school administrator, or the chief school administrator’s designee, shall receive from the researcher written assurance that the records will be used under strict conditions of anonymity and confidentiality.

6A:32-7.6 Conditions for access to student records

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

• 1. No student record shall be altered or disposed of during the time period between a request to review the record and the actual review of the record.
• 2. Authorized organizations, agencies, and persons from outside the school whose access requires the consent of parents or adult students shall submit to the chief school administrator, or the chief school administrator’s designee, the request in writing, together with any required authorization.
• 3. The chief school administrator, or the chief school administrator’s designee, shall be present during the period of inspection to provide interpretation of the records, where necessary, and to prevent their alteration, damage, or loss. In every instance of inspection of student records by persons other than parents, students, or individuals who have assigned educational responsibility for the individual student, an entry shall be made in the student record of the name(s) of persons granted access, the reason access was granted, the time and circumstances of inspection, the records inspected, and the purposes for which the data will be used.
• 4. Prior to disclosure of student records to organizations, agencies, or persons outside the school district pursuant to a court order, the district board of education shall give the parent or adult student at least three days’ notice of the name of the requesting agency and the specific records requested unless otherwise judicially instructed. The notification shall be provided in writing, if practicable. Only records related to the specific purpose of the court order shall be disclosed.
  • i. Notice to the parent shall not be required when the parent is party to a court proceeding involving child abuse and neglect or dependency matters, consistent with 20 U.S.C. § 1232g(b)(2)(B).
• 5. A record may be withheld from a parent or from an adult student only when the district board of education obtains a court order or is provided with evidence that there is a court order revoking the right to access. Only that portion of the record designated by the court order shall be withheld. When the district board of education has, or obtains, evidence of such court order, the parent or adult student shall be notified in writing within five days of the request that access to the record has been denied and that the person has the right to appeal the decision to the court issuing the order.

6A:32-7.7 Rights of appeal for parents and adult students

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

• 1. Expungement of inaccurate, irrelevant, or otherwise improper information from the student record;
• 2. Insertion of additional data, as well as reasonable comments regarding the meaning and/or accuracy of the student record;
• 3. The immediate stay of disclosure pending final determination of the challenged procedure as described in this subchapter; and/or
• 4. Immediate access to student records for organizations, agencies, and persons denied access, pending final determination of the challenged procedure, as described in this subchapter.

• 1. Within 10 school days of notification, the chief school administrator, or the chief school administrator’s designee, shall notify the parent or adult student of the school district’s decision. If the school district disagrees with the request, the chief school administrator, or the chief school administrator’s designee, shall meet with the parent or adult student to resolve the issues set forth in the request.
• 2. If the matter is not satisfactorily resolved, the parent or adult student has 10 school days to appeal the school district’s decision.
• 3. If an appeal is made to the district board of education, the district board of education shall render a decision within 20 school days.
• 4. The decision of the district board of education may be appealed to the Commissioner pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3, Controversies and Disputes. At all stages of the appeal process, the parent or adult student shall be afforded a full and fair opportunity to present evidence relevant to the issue.
• 5. A record of the appeal proceedings and outcome shall be made a part of the student record with copies made available to the parent or adult student.

6A:32-7.8 Retention and disposal of student records

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

• 1. The parent or adult student shall be notified in writing that a copy of the entire student record will be provided to them upon request.
• 2. Information in student records, other than that described at (f) below, may be disposed of, but only in accordance with the Destruction of Public Records Law, N.J.S.A. 47:3-15 et seq. The disposition shall be carried out only after the parent or adult student has been notified in writing and written permission has been granted, or after reasonable attempts to notify the parent or adult student and to secure permission have been unsuccessful and prior written authorization has been obtained from the New Jersey State Records Committee in the New Jersey Department of the Treasury.

Subchapter 13. Virtual or Remote Instruction

6A:32-13.1 Virtual or remote instruction

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

• 1. If implemented by the chief school administrator, the school district’s program of virtual or remote instruction shall be provided to an enrolled student, whether a general education student in preschool through grade 12 or a student with a disability aged three to 21.
  • i. The school district shall provide students with a disability with the same educational opportunities provided to general education students to the extent appropriate and practicable.
  • ii. Related services may be delivered to general education students and students with a disability through the use of electronic communication or a virtual or online platform, as appropriate.

• 1. Virtual or remote instruction is provided to students on the day(s) that some or all of the programs of instruction of the school district were closed to in-person instruction;
• 2. The virtual or remote instruction meets the Commissioner-established criteria for the occurrence of one of the events at (b) above;
• 3. The school district’s program of virtual or remote instruction:
  • i. Explains, to the greatest extent possible, the equitable delivery of, and access to, virtual and remote instruction, including descriptions of the following: (1) The design of synchronous and/or asynchronous virtual or remote learning plans that will maximize student growth and learning; (2) How the school district will continuously measure student growth and learning in a virtual or remote instruction environment; and (3) The school district’s plan for measuring and addressing any ongoing digital divide issue(s), including a lack of access to the internet, network, or devices;
  • ii. Addresses the needs of students with disabilities and includes descriptions of the following: (1) The delivery of virtual or remote instruction in order to implement, to the greatest extent possible, students’ individualized education programs (IEPs), including material and platform access; (2) The methods used to document IEP implementation, including the tracking of student progress, accommodations, and modifications; (3) How case managers follow up with parents to ensure services are implemented, to the greatest extent possible, in accordance with IEPs; and (4) How the school district plans to conduct IEP meetings, evaluations, and other meetings to identify, evaluate, and/or reevaluate students with disabilities;
  • iii. Addresses the needs of multilingual learners (MLs) and include the following: (1) How the school district includes an English as a second language (ESL) and/or bilingual education program aligned with State and Federal requirements to meet the needs of MLs; (2) The process to communicate with parents of MLs, including providing translation materials, interpretative services, and information available at the parent’s literacy level; (3) The use of instructional adaptations, for example, differentiation, sheltered instruction, Universal Design for Learning, access to technology, and strategies to ensure MLs access the same standard of education as non-ML peers; and (4) The training for teachers, administrators, and counselors to learn strategies related to culturally responsive teaching and learning, social-emotional learning, and trauma-informed teaching for students affected by forced migration from their home country;
  • iv. Accounts for student attendance in accordance with (d) below and includes the following: (1) A description or copy of the school district’s attendance policies, including how the school district will determine whether a student is present or absent during virtual or remote instruction, and how a student’s attendance will factor into promotion, retention, graduation, discipline, and any other decisions that will reflect the student’s performance;
  • v. Describes how the school district is communicating with the parents when a student is not participating in virtual or remote instruction and/or submitting assignments;
  • vi. Includes a plan for the continued safe delivery of meals to eligible students;
  • vii. Includes an outline of how buildings will be maintained throughout an extended period of closure; and
  • viii. Includes district-specific factors, including, but not limited to, considerations for Title I extended learning programs, 21st Century Community Learning Center Programs, credit recovery, other extended student learning opportunities, accelerated learning, and social and emotional health of staff and students, transportation, extra-curricular programs, childcare, and community programming; and
• 4. The district board of education submitted a proposed program of virtual or remote instruction to the Commissioner within 30 days of the effective date of P.L. 2020, c. 27 and, thereafter, by July 31 annually.
  • i. If the district board of education is unable to complete and submit a proposed program by July 31 annually, and the school district is required to close its schools for a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the Commissioner may retroactively approve the program.

6A:32-13.2 Virtual or remote instruction in approved private schools for students with

Verbatim from the New Jersey Administrative Code, Title 6A Chapter 32, as published by the New Jersey Department of Education; see Meta.

disabilities (APSSDs)

• 1. Virtual or remote instruction is provided to students on the day(s) that some or all of the programs of instruction of the APSSD were closed to in-person instruction;
• 2. The virtual or remote instruction meets the Commissioner-established criteria for the occurrence of one of the events at (a) above;
• 3. The APSSD’s program of virtual or remote instruction shall include the criteria at N.J.A.C 6A:32-13.1(c)3; and
• 4. The APSSD submitted a proposed program of virtual or remote instruction to the Commissioner and the sending district board(s) of education within 30 days of the effective date of P.L. 2020, c. 27 and, thereafter, by July 31 annually.
  • i. If the APSSD is unable to complete and submit a proposed program by July 31 annually, and the APSSD is required to close for a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the Commissioner may retroactively approve the program.

Related

• FERPA — the federal regime §6A:32-7.1(b) implements, and which the access conditions track
• New York 8 NYCRR Part 121 — the neighbouring state's regulation-level regime, which does impose duties on contractors directly
• Illinois SOPPA — the operator-duty regime New Jersey does not have
• Indiana student records — the closest analogue: a records regime on top of FERPA, with no operator statute

Sources

• New Jersey Department of Education — N.J.A.C. Title 6A, Chapter 32 — SHA-256 ac4f9d91f25a3ee912c1d417a705aaf4d6447d54fcc80c51483d8c42960c8d99