Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records
(Title 5 of the California Code of Regulations §§ 16023, 432, 437, and 438). B. Mandatory Interim or Class 2 – Optional Records are student records which schools are required to compile and maintain for stipulated periods of time and are then destroyed when their usefulness ceases (Class 3 – Disposable Records). The Charter LEA is responsible for the classification subject to Charter LEA Governing Board approval. If Mandatory Interim records are classified as Class 3 – Disposable Records, they are to be destroyed in accordance with Title 5 of the California Code of Regulations § 437 (Title 5 of the California Code of Regulations §§ 16027, 432, 437, and 438). C. Permitted Records or Class 3- Disposable Records are student records which LEAs may maintain for appropriate educational purposes. Class 3 records may be destroyed whenever their usefulness ceases. However, if a child transfers, graduates, or otherwise terminates attendance, such records shall be held six months and then destroyed. The method of destruction shall assure that records are not available to possible public inspection in the process of destruction (Title 5 of the California Code of Regulations §§ 16027, 432, 437, and 438). Most California special education records are classified by California law as Class 2 – Optional or Mandatory Interim records. These are records which schools are required to compile and maintain until the child leaves the LEA, or until their “usefulness ceases.” At that time, such records may be reclassified as Class 3 – Disposable Records. This could occur only after a transfer or withdrawal from a special education program. While Class 3 documents may be destroyed after the third school year following the point at which usefulness has ceased ( Title 5 of the California Code of Regulations § 16027 ), the San Bernardino County Superintendent of Schools (SBCSS) Policy and the Participation Agreement of the Local Plan requires maintenance of special education records and accounts including property, personal, and financial records for five years after their usefulness ceases. Such records, as related to special education, may include special education forms, access logs, health records, special education test protocols, assessment reports, case studies, and authorizations. An important exception applies to those records that were used in assessment for a special education candidate who does not become a special education student. In such cases, the records are Permitted Records or Class 3 – Disposable Records and can be destroyed whenever their usefulness ceases. Any standardized test results more than three-years old are identified under state regulations as Class 3 – Disposable Records which may be destroyed during the third
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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