Appendix B: S.A. v. Tulare County Office of Education Emails are Not Educational Records if they are “Not Printed and Placed” in a Student’s File *4 The parties agree that TCOE must provide Student with "education records," pursuant to the IDEA, 20 U.S.C. § 1232g(a)(4)(A) and 34 C.F.R. § 300.613, and California Education Code section 56504. The parties further agree that an email may qualify as an "education record" and that for an email that is an education record, a school district must comply with state and federal statutes and regulations related to the procedures for education records. The parties dispute, however, to what extent email and qualifies as an "education record." In addition, the parties dispute the format in which TCOE must provide an email "education record." Student maintains that all emails that specifically identify him, whether printed or in electronic format, are "education records." Because they are "education records," Student contends, TCOE must notify parents and gain their consent prior to destroying any emails that specifically identify Student. In addition, Student contends that TCOE must provide emails in their native file format for inspection. California DOE does not dispute that emails that qualify as "education records" must be provided to parents upon request, and parents are entitled to notification and consent before such emails are destroyed. California DOE asserts, however, that not all emails that personally identify Student are "education records." California DOE argues that only those emails that personally identify a student and are "maintained" by the educational agency are "education records" pursuant to the IDEA. California DOE contends that TCOE only "maintains" those emails that are printed out and placed in Student's permanent file and that TCOE maintains no emails in electronic format. Accordingly, California DOE concludes that TCOE properly produced Student's education records, because TCOE provided all emails that personally identified Student and were maintained in Student's file. In addition, California DOE contends that TCOE properly provided the email education records in the format they were maintained — in this instance, in hard-copy format — and is not required to maintain electronic documents in their native file format. Student replies that all emails are "maintained" in TCOE's electronic mail system and are maintained in the inboxes of the recipients. Student contends that all emails can be located on TCOE's electronic storage system through the use of information technology, even those emails that were previously deleted. Based on this premise, Student contends that TCOE must produce all emails that personally identify Student. In addition, Student asserts that because emails are "maintained" on TCOE computers, TCOE must produce emails in the native file format for inspection. The Court begins its analysis with the statute. The IDEA specifies that an "education record" is the type of record defined in the regulations implementing the Family Educational Rights and Privacy Act ("FERPA"). 34 C.F.R. 300.611(b). In turn, FERPA defines "education records" as those: *5 records, files, documents, and other materials which — (i) contain information directly related to a student; and
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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