Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records
“Records for each individual pupil shall be maintained in a central file at the school attended by the pupil, or when records are maintained in different locations, a notation in the central file as to where such other records may be found is required.” Charter LEAs that elect to store special education records in a separate location from the cumulative file must place a notice or flag in the child’s cumulative record that indicates additional special education records may also be found in a different location. This requirement is supported in the 1995 U.S. Department of Education (USDOE) Letter to Copenhaver whereby USDOE concluded that: “FERPA does not generally address what education records a school may or may not maintain or where the school maintains such records. Thus, under FERPA a school would not be prohibited from placing a notice in the student’s cumulative records which states that the student receives special education services and that another file exists in another office.” Purging IQ Information from Student Records According to Judge Peckham’s 1986 decision on Larry P. regarding the prohibition of IQ testing of African American children, IQ scores from any source cannot become part of the child’s school records. The California Department of Education (CDE) issued a directive (Campbell, 1987) on how to dispose of Larry P. records generated prior to September 1986 as follows: Before an African American student that is receiving special education services is re-evaluated for special education or transfers to a new district, all prior records of IQ scores, or references to information from IQ tests, should be permanently sealed. The records are to be opened only for litigation purposes, official state or federal audits, or upon parent request. The parent shall be given copies of the sealed records upon request. The sealed records shall be maintained for a period of five years. Prior to sealing the records of these students, the parents shall be notified that the records will be sealed because of a court decision which prohibits the use of intelligence tests for African American students for any purpose related to special education. Additionally, prior to sealing the records, a qualified professional should identify appropriate data to be copied and purged of all IQ scores or references to information from IQ tests. The remaining data should then be transferred to the student's current record. In no case shall the IQ test information be made available to the IEP team for any purpose.
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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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