individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position.
Confidentiality
All student files are confidential and should be stored in a locked and secured location. Access is permitted only to those involved with the student. Parents are to be informed of all files on their student and the location of those files. In addition, the parents have the right to review their student’s file and to receive a copy of the file within five days of their request. Parental requests for review and/or copies of records must follow the established policies and procedures of the LEA. While FERPA is the more comprehensive statute with respect to the protection of student records, the Individuals with Disabilities Education Act (IDEA) contains the specific recitation regarding the LEA’s duty to safeguard student records. 34 C.F.R. 300.623 Safeguards. (a) Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages.
(b) One official at each participating agency must assume responsibility for
ensuring the confidentiality of any personally identifiable information.
(c)All persons collecting or using personally identifiable information must receive training or instruction regarding the State’s policies and procedures under Section 300.123 and C.F.R. Part 99. (d) Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information. Many requests for student records require the consent and/or notification of the parent, but some do not. Requests for student records by LEAs or special education local plan areas (SELPAs) within the State of California do not require a parent’s signature and must be processed within five days. Requests for student records by San Bernardino County Probation Department, Juvenile Division via a court order may be processed after attempting to advise the parents and student of the LEA’s compliance with the court order. Any other requests for records must b e accompanied by a release of information that has been signed by a parent.
Access to Student Records
E.C. 56504. The parent shall have the right and opportunity to examine all school records of the child and to receive copies pursuant to this section and to Section 49065 within five days after such request is made by the parent, either orally or in writing. The public education agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.507 or Sections 300.530 to 300.532, inclusive, of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than 5 business days after the request is made orally or in writing.
Chapter 1 5 – Student Records, Desert/Mountain SELPA As of 04/11/2014
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