Desert Mountain Charter SELPA Policies and Procedures

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

• Misleading; and/or • In violation of the privacy or other rights of the child.

Within 30 days of receiving the request, the Charter LEA custodian of records or designee shall meet with the parent/child and with the employee (if still employed) who recorded the information in question. The Charter LEA shall then decide whether to sustain the allegations and amend the records as requested or deny the allegations. If the allegations are sustained, the Charter LEA shall order the correction or removal and destruction of the information. If the Charter LEA disagrees with the request to amend the records, the parent/child may submit a written appeal within 30 days to the Charter LEA Governing Board. Within 30 days of receiving the written appeal, the Charter LEA Governing Board shall meet in closed session with the parent/child and the employee (if still employed) who recorded the information in question. The Charter LEA Governing Board shall then decide whether or not to sustain or deny the allegations. If the Charter LEA Governing Board sustains any or all of the allegations, it shall order the Charter LEA to immediately correct or remove and destroy the information in question. The decision of the Charter LEA Governing Board is final. The records of the Charter LEA Governing Board proceedings shall be maintained in a confidential manner for one year, after which they will be destroyed, unless the parent initiates legal proceedings within the prescribed period relative to the disputed information. If the final decision of the Charter LEA Governing Board is unfavorable to the parent or if the parent accepts an unfavorable decision by the board, the parent shall have the right to submit a written statement commenting on the record or explaining any reasons the parent disagrees with the decision of the Charter LEA or the Charter LEA Governing Board. This explanation shall be included in the records of the child for as long as the record or contested portion is maintained by the Charter LEA. If the records of the child, or contested portion, is given by the agency to any party, the explanation must also be given to the party. In order to avoid potential challenges, it is recommended that Charter LEA staff receive training that alerts them to the requirements of privacy and access laws. To the degree that a statement describes a child’s behavior, the statement can withstand challenges. Ambiguous terms should be avoided, and staff members should restrict their comments to areas of training. In addition, only those observations that have educational relevancy should be recorded. Statements describing unrelated family incidents or unsubstantiated claims are inappropriate for a child’s record.

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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