Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records
The Desert Mountain Charter Special Education Local Plan Area (DMCS) recognizes the importance of keeping accurate and comprehensive student records as required by law. Procedures for maintaining the confidentiality of student records shall be consistent with state and federal law. It is the responsibility of the Charter LEA to ensure the confidentiality, security, and maintenance of those records according to the Individuals with Disabilities Education Act (IDEA) 2004, California Education Code, the Family Educational Rights and Privacy Act (FERPA), and Title 5 of the California Code of Regulations. The DMCS is not the custodian of student records. Each LEA member of the DMCS will determine procedures governing the identification, description, and security of student records, as well as timely access for authorized persons.
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Definitions California Education Code § 49061(b). “Pupil record” means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means. “Pupil record” does not include informal notes related to a pupil compiled by a school officer or employee that remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. For purposes of this subdivision, “substitute” means a person who performs the duties of the individual who made the notes on a temporary basis and does not refer to a person who permanently succeeds the maker of the notes in his or her position.
2.0
Access to Student Records Special education records are subject to the same privacy and access right as other Mandatory Interim or Class 2 – Optional Records. Access is permitted only to those involved with the child. Parent requests for review and/or copies of records must follow the established policies and procedures of the Charter LEA. In addition, parents have the right to examine all school records of their child that relate to the identification, assessment, and educational placement of the child. Even though records may be stamped “confidential” or contain sensitive information, the parent or eligible student has full rights of access. Parents have the right to receive copies within five business days of making the request, either orally or in writing. The Charter LEA may charge no more than the actual cost of reproducing the records, but if this cost prevents the parents from exercising their right to receive the copies, the copies shall be reproduced at no cost to the parents. While FERPA is the more comprehensive statute with respect to the protection
BP 2001 – Confidentiality and Student Records
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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