Parental consent must be obtained before personally identifiable information is used for any purpose other than meeting a requirement under the Individuals with Disabilities Education Act or disclosed to anyone other than officials or agencies using this information. District must have parental consent to release records. 34 CFR § 300.571 No student shall be required to submit to psychiatric examination, testing or treatment of which the primary purpose is to reveal information concerning: 1. Political affiliations 2. Mental or psychological problems potentially embarrassing to the student or the student’s family 3. Sexual behavior and attitudes 4. Illegal, anti-social, self-incriminating or demeaning behavior 5. Critical appraisals of close family members 6. Any legally privileged information 7. Income (except as required to receive financial assistance or fee waivers.) 8. Religious affiliations or beliefs 20 USC §123H and § 53A-13-302UCA Unless the District has first obtained the written consent of the parent or guardian of the student, the parent shall be notified in writing of the means and purposes of the testing at least two (2) weeks, but not more than five (5) months before information is sought.
CONFIDENTIALITY Issue Date: 4/10/97
The District shall protect the confidentiality of personally identifiable information in collection, storage, disclosure, and destruction of records. One official in the District shall assume the responsibility for ensuring confidentiality of personally identifiable information. All persons collecting or using this information shall receive training or instruction concerning the legal requirements involved in handling these records. The District shall maintain for public inspection a current listing of the names and positions of employees who may have access to this information. 34 CFR § 300.572
DESTRUCTION OF INFORMATION Issue Date: 4/10/97
The District shall inform parents when personally identifiable information pertaining to the education of a child with a disability is no longer needed to provide educational services to the student. Such information shall be destroyed on request of the parent. A permanent record of the student’s name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limit.
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