Desert Mountain Charter SELPA Policies and Procedures

Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records

Access Log This section applies to public agencies that provide educationally related services to children with disabilities pursuant to Title I of the Government Code, Chapter 26.5 (commencing with Section 7570 ), and to public agencies that educate children with disabilities in state hospitals, developmental centers, and youth and adult facilities. This chapter shall have no effect regarding public community colleges, other public or private institutions of higher education, other governmental or private agencies that receive federal education funds unless described herein, or, except for Education Code §§ 49068, 49069, 49076.5(b)(5) , private schools. The provisions of this chapter shall prevail over the provisions of Section 12400 of this code and Chapter 3.5 (commencing with Section 6250 ) of Division 7 of Title I of the Government Code to the extent that they may pertain to access to student records. Title 5 of the California Code of Regulations § 431 mandates LEAs to establish procedures to assure the security of student records. The custodian of records shall be responsible for the security of student records and shall ensure that access is limited to authorized persons. An access log will be maintained to record the signatures of those authorized individuals that have had access to student records (Appendix D). Parents of currently enrolled or former students have an absolute right to access any and all student records related to their children that are maintained by LEAs or private schools. The editing or withholding of any such records, except as provided for in this chapter, is prohibited. Each Charter LEA should adopt procedures for granting parents copies of their child’s records or time to inspect and review them during regular school hours. Access to parents shall be provided no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official student records, if not centrally located, and the availability of qualified certificated personnel to interpret records if requested. Per FERPA, access to student records and information shall not be denied to a parent because he or she is not the child’s custodial parent. California Education Code § 49069. Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. The editing or withholding of any of those records, except as provided for in this chapter, is prohibited. Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the

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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