(3) Permitted Records or Class 3- Disposable Records are student records which LEAs may maintain for appropriate educational purposes. Class 3 records may be destroyed whenever their usefulness ceases. However, if a child transfers, graduates, or otherwise terminates attendance, such records shall be held six months and then destroyed. The method of destruction shall assure that records are not available to possible public inspection in the process of destruction ( Title 5 of the California Code of Regulations §§ 16027, 432, 437, and 438 ). Most California special education records are classified by California law as Class 2 – Optional or Mandatory Interim records. These are records which schools are required to compile and maintain until the child leaves the LEA, or until their “usefulness ceases.” At that time, such records may be reclassified as Class 3 – Disposable Records. This could occur only after a transfer or withdrawal from a special education program. While Class 3 documents may be destroyed after the third school year following the point at which usefulness has ceased ( Title 5 of the California Code of Regulations § 16027 ), the San Bernardino County Superintendent of Schools (SBCSS) Policy and the Participation Agreement of the Local Plan requires maintenance of special education records and accounts including property, personal, and financial records for five years after their usefulness ceases. Such records, as related to special education, may include: special education forms, access logs, health records, special education test protocols, assessment reports, case studies, and authorizations. An important exception applies to those records that were used in assessment for a special education candidate who does not become a special education student. In such cases, the records are Permitted Records or Class 3 – Disposable Records and can be destroyed whenever their usefulness ceases. Any standardized test results more than three-years old are identified under state regulations as Class 3 – Disposable Records which may be destroyed during the third school year after the school year in which they are originated ( Title 5 of the California Code of Regulations §§ 432 and 16027 ). Under IDEA 2004, the Charter LEA must inform the parent when personally-identifiable records are no longer needed to provide educational services to a child. At that time, or at parent request, the child’s records may be destroyed. The notice should include the items that are no longer needed and a timeline for destruction or parent retrieval of the information. This option is given to ensure that nonessential information regarding the child’s behavior, performance, and abilities are not kept after they are no longer necessary for educational purposes. Under law, however, a permanent record of the child’s name, address, phone number, his/her grades, attendance records, classes attended, grade-level completed, and year completed may be maintained without time limitation. A destruction notice should be sent out five years after the records cease to be of value for educational purposes. Section F – Maintenance of Special Education Records Location of Special Education Records
Chapter 5 – Confidentiality and Student Records, Charter SELPA As of 11/18/2016 CAHELP Governance Council Approved
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