Appendix A: 1995 U.S. Dept. of Education Letter to Copenhaver (Page 2 of 2)
page for each copy provided and that Student was expected to provide payment prior to mailing. Id. Student responded with a July 23, 2007, letter that reads in pertinent part:
FN1. For the sake of clarity, this Court will select one citation for those documents that are duplicated multiple times in the administrative record and declarations.
We look forward to your production of documents on July 27, 2007, and further request that you provide the email documents in their native file format rather than printed pages. Therefore, please provide electronic copies of the requested e-mails in the electronic version used to prepare the document. AR at 94. In a July 25, 2007, response, TCOE sent Student hard copies of emails that had been printed and placed in Student's permanent file. TCOE advised Student that "pursuant to your correspondence dated July 23, 2007, requesting that the emails be sent electronically, the enclosed emails could not be sent electronically as they have been purged and are made only available as hard copies within the file." AR at 96. (emphasis added). Student's mother sent an email to TCOE, to request again that TCOE forward all electronic records pertaining to Student as emails or placed on a compact disc in native file format. AR at 86, 98. TCOE did not respond to this request.
Compliance Complaint
*2 On February 6, 2008, Student filed a compliance complaint with California DOE to allege two causes of action against TCOE: (1) failure to provide a full and complete copy of all emails concerning or personally identifying Student pursuant to its obligation under California Code of Education § 56504; and (2) unlawful destruction of Student's records without parental notification or consent in violation of 34 C.F.R. § 300.624(a) when it unilaterally "purged" original electronic files. AR at 79-85. In its April 1, 2008, Compliance Complaint Report, amended on April 24, 2008, California DOE found that TCOE was in compliance in count one, but out of compliance in count two. As to count one, California DOE concluded: The COE failed to meet the requirements of EC Section 56504. The e-mails regarding the student requested by the Complainant are considered pupil records in hard copy format and subject to the requirement of EC Section 56504 and required to be provided within five business days upon receipt of the request. The Complainant's request was dated July 10, 2007, and the COE's letter to the Complainant stated that they would be providing the documents on July 27, 2009. The COE is out of compliance.
AR at 31, 39 (emphasis in original). As to count two, California DOE concluded:
The COE provided hard copies of the student's records. The Complainant acknowledged receiving a "stack of documents containing e-mails with dates ranging from 2006 through 2007." The COE is not required to notify the Complainant before purging e-mails related to the student as the e-mails are not considered "educational" records" that are "maintained" by the educational agency under 34 CFR Section 99.6. The COE is in compliance.
AR at 32, 40 (emphasis in original).
BP 2003 – Student Records
Page 16
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 04/14)
Made with FlippingBook interactive PDF creator