Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records
enrollment within five days of the receipt of the request. Records cannot be withheld for nonpayment of fees or fines ( Education Code § 49068 ). Mandatory permanent student records must be forwarded to all LEAs. The original, or a copy, must be retained by the sending LEA. Mandatory Interim student records must be forwarded to California public schools and may be forwarded to any other LEA. Permitted student records may be forwarded at the discretion of the custodian of the records. Private schools in California are required to forward Mandatory Permanent student records. If an agency or person provides a written report for the LEA’s information, it becomes a part of the student’s record and, as such, is available to the parent even though it may be marked “confidential.” Technically, it becomes a part of the record only when it is filed or maintained. The custodian of records should give serious consideration to the educational value of sensitive information before routinely including it as a student record. As alternatives, the report may be summarized in a more useful form, it may be returned for revision, or it may be rejected and destroyed before it becomes a record. 5.0 Correction or Removal of Information; Challenging Content of Records California Education Code § 49070. “Following an inspection and review of a pupil’s records, the parent or guardian of a pupil or former pupil of a school district may challenge the content of any pupil record.” Parents have the right, on request, to receive a list of the types and locations of education records collected, maintained, and used by the educational agency. Parents may challenge the content of the student’s record if they believe the information in education records collected, maintained, or used is inaccurate, misleading, or in violation of the privacy or other rights of the child. This right to challenge becomes the sole right of the child when he/she turns 18 or attends a postsecondary institution. The request to remove or amend the content of the student record must be made in writing. A written request to the custodian of records is made to correct or remove information from a child’s record which the parent alleges to be any of the following: • Inaccurate; • An unsubstantiated personal conclusion or inference; • A conclusion or inference outside of the observer’s area of competence; • Not based on the personal observation of a named person with the time and place of the observation noted;
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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