Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records
school year after the school year in which they are originated ( Title 5 of the California Code of Regulations §§ 432 and 16027 ). Under IDEA 2004, the Charter LEA must inform the parent when personally identifiable records are no longer needed to provide educational services to a child. At that time, or at parent request, the child’s records may be destroyed. The notice should include the items that are no longer needed and a timeline for destruction or parent retrieval of the information. This option is given to ensure that nonessential information regarding the child’s behavior, performance, and abilities are not kept after they are no longer necessary for educational purposes. Under law, however, a permanent record of the child’s name, address, phone number, his/her grades, attendance records, classes attended, grade-level completed, and year completed may be maintained without time limitation. A destruction notice should be sent out five years after the records cease to be of value for educational purposes. 7.0 Maintenance of Special Education Records
7.1
Location of Special Education Records Special education records are defined by FERPA, Title 34 of the Code of Federal Regulations § 99.3, as “education records.” FERPA requires that all education records must be kept confidential and that access to education records be restricted to education officials and teachers who are employees of the LEA and who have a legitimate educational interest in the child. The IDEA also indicates that access to special education records is restricted to education officials with the responsibility to meet the requirements of special education law. Additionally, a record must be kept of all parties obtaining access to special education records ( Title 34 of the Code of Federal Regulations § 300.614 ) and that education agencies must provide to parents, on request, a list of the types and locations of education records ( Title 34 of the Code of Federal Regulations § 300.616 ). It is the DMCS’ policy to ensure the protection of the confidentiality of any personally identifiable data collected or maintained on a child with a disability while ensuring access to those legitimate educational providers who require access to such records in order to provide appropriate services to the child. Although Charter LEAs may find it advisable and more practical to keep special education records in a central location because of the uniqueness of special education confidentiality requirements, Charter LEAs have the option to store such records in a separate location from the child’s cumulative records. Title 5 of the California Code of Regulations § 433(b) states:
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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