Policy – Category 2000 (Administration) BP 2001 – Confidentiality and Student Records
Since the prohibition from using IQ tests with African American children applies only to LEAs in California, it is often the case that records of African American children received from out-of-state LEAs and/or from other agencies may contain IQ test information. Therefore, under these circumstances, the DMCS recommends that Charter LEAs take the following steps to purge IQ information from a student record: 1. Review the case file to determine if prohibited information is contained therein, removing any prohibited protocols and all assessment reports which contain IQ information; 2. Copy the original report(s) and on the copy, extricate the following information: a. Any reference to a test instrument that yields an IQ score or standard score that is an indication of cognitive functioning; b. Any test data summary scores from the test instrument(s); and c. Any commentary in the report that discusses the student’s performance on the test instrument(s). 3. Make a copy of the purged report to place in the child’s records and destroy the copy that was used to extricate the information; 4. Notify the parent that the child’s original report and any relevant protocols will be sealed; 5. Seal the purged records and a copy of the parent notification in an envelope. Mark the outside of the envelope with the child’s name, destruction date of five years from the date the records were purged, and instructions that the envelope is only to be opened for purposes of litigation, official state or federal audits, or upon parent request; and 6. Add the child’s name to the Charter LEA’s master list of student records from which reports have been purged based upon the Larry P. ruling. Appendices A. U.S. Department of Education: Letter to Copenhaver (1995) B. Emails are not Educational Records if They are “Not Printed and Placed” in a Student’s File C. Authorization for Use and/or Disclosure of Information form (DM 63)
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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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