Appendix A: 1995 U.S. Dept. of Education Letter to Copenhaver (Page 2 of 2)
of material fact. See Celotex Corp. v. Catrett , 477 U.S. 317, 323 (1986). The moving party may satisfy this burden in two ways: (1) by presenting evidence that negates an essential element of the nonmoving party's case; or (2) by demonstrating that the nonmoving party failed to make a showing of sufficient evidence to establish an essential element of the nonmoving party's claim, and on which the non-moving party bears the burden of proof at trial. Id . at 322. "The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). "If the party moving for summary judgment meets its initial burden of identifying for the court those portions of the material on file that it believes demonstrates the absence of any genuine issues of material fact," the burden of production shifts and the nonmoving party must set forth "specific facts showing that there is a genuine issue for trial." T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n , 809 F.2d 626, 630 (9th Cir. 1987) (quoting Fed.R.Civ.P. 56(e)). To establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that "the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial." First National Bank of Arizona v. Cities Serv. Co. , 391 U.S. 253, 290 (1968); T.W. Elec. Serv. , 809 F.2d at 631. The nonmoving party must "go beyond the pleadings and by her own affidavits, or by depositions, answer to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial." Celotex , 477 U.S. at 324. Fed.R.Civ.P. 56(e) requires a party opposing summary judgment to "set out specific facts showing that there is a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party." "In the absence of specific facts, as opposed to allegations, showing the existence of a genuine issue for trial, a properly supported summary judgment motion will be granted." Nilsson, Robbins, et al. v. Louisiana Hydrolec , 854 F.2d 1538, 1545 (9th Cir. 1988).
Failure to Provide Email Records In Electronic Format
*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 an 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
BP 2003 – Student Records
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 04/14)
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