Desert Mountain Charter SELPA Policies and Procedures

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

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. The log or record shall be open to inspection only by a parent and the school official, or his designee, responsible for the maintenance of pupil records, and to the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, and administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system. The LEA will not permit access to any student records without written parental permission except as follows: a. Charter LEA officials and employees who have a legitimate educational interest including a school system where the child intends to enroll; b. Certain state and federal officials for audit purposes;

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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