Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records
right to review their child’s file and to receive a copy of the file within five days of their request. While FERPA is the more comprehensive statute with respect to the protection of student records, the IDEA contains the specific recitation regarding the LEA’s duty to safeguard student records. Title 34 of the Code of Federal Regulations § 300.623 Safeguards. (a) Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages.
(b) One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information.
(c) All persons collecting or using personally identifiable information must receive training or instruction regarding the State’s policies and procedures under Section 300.123 and C.F.R. Part 99. (d) Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.
All IDEA procedural safeguards shall be established and maintained. A custodian of records must be appointed by each Charter LEA to ensure the confidentiality of any personally identifiable student information. The custodian of records is responsible for ensuring that files are not easily accessible to the public. Records of access are maintained for individual files, which include the name of the party, date, and purpose of access. 4.0 Transfer of Records When a child moves from one LEA to another, records shall be transferred in accordance with state and federal law. Federal law requires the LEA from which the child moves to notify the parent of the transfer of records along with the parent’s right to review, challenge, and/or receive a copy of the transferred record. California law specifies that the LEA which receives the child shall be responsible for the notification. Procedurally, both requirements can be met if the LEA provides an annual notification to the parents of every student which specifies that records will be transferred and outlines the other rights cited above. This notice should be provided to all parents each fall and to the parents of every new student upon enrollment (Appendix A). California schools are not required to obtain parent permission to forward records. In fact, LEAs are required to forward records to any California school of new or intended
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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