The following persons or agencies shall have access to those particular records that are relevant to the legitimate educational interests of the requester: • Natural parents, adoptive parents, or legal guardians of a dependent child age 18 or older ( Education Code § 49076 ); • Children 16 years of age or older or who have completed the 10th grade ( Education Code § 49076 );
• School officials and employees ( Education Code § 49076 ); • Children who are married even if younger than 18 years of age; • Approved state and federal officials for audit purposes; and
• Certain law enforcement agencies for purposes listed in Education Code and federal law. Those granted access are prohibited from releasing information to another person or agency without written permission from the parent or child age 18 or older ( Education Code § 49076 ). The Charter LEA SELPA form D/M 63 - Authorization for Use and/or Disclosure of Information, can be used to release information ( Appendix C ). Persons, agencies, or organizations not afforded access rights may be granted access only through written permission of the adult student or parent ( Education Code § 49075 ). Access logs are considered a part of the Mandatory Interim file and are maintained within each individual student file. This file is typically located in the front of the student file and may either be stapled to the inside cover or located in the front of the file. For those employees of the Charter LEA who have routine access to student files, a list of their names and positions should be clearly posted on the filing cabinet where the files are securely stored. When those not listed review student records, the reviewer is required to state the purpose for the review and sign and date the access log in the student’s file. California Education Code § 49064. A log or record shall be maintained for each pupil’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. Such listing need not include: (a) Parents or pupils to whom access is granted pursuant to Section 49069 or paragraph (6) of subdivision (a) of Section 49076; (b) Parties to whom directory information is released pursuant to Section 49073; (c) Parties to whom written consent has been executed by the parent pursuant to Section 49075; or (d) School officials or employees having legitimate educational interest pursuant to paragraph (1) of subdivision (a) of Section 49076.
Chapter 5 – Confidentiality and Student Records, Charter SELPA As of 11/18/2016 CAHELP Governance Council Approved
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