The parent shall have the right to a response from the public education agency to reasonable requests for explanation and interpretations of the records. If any school record includes information on more than one pupil, the parents of those pupils have the right to inspect and review on the information relating to their child or to be informed of that specific information. A public education agency shall provide a parent, on request of the parent, a list of the types and locations of school records collected, maintained, or used by the agency. A public education may charge no more than the actual cost of reproducing the records, but if this cost effectively prevents the parent from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost. E.C. 49060. It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding parental access to, and the confidentiality of, pupil records in order to insure the continuance of federal education funds to public educational institutions within the state, and to revise generally and update the law relating to such records. This chapter applies to public agencies that provide educationally related services to students with disabilities pursuant to chapter 26.5 (commencing with Section 7570) of Division 7 of Title I of the Government Code and to public agencies that educate students with disabilities in state hospitals or developmental centers and in youth and adult facilities. This chapter shall have no effect regarding public community colleges, other public or private institutions of higher education, other governmental or private agencies, which receive federal education funds unless described herein, or, except for Sections 49068 and 49069 and subdivision (b)(5) of Section 49076, private schools. The provisions of this chapter shall prevail over the provisions of Section 12400 of this code and Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I of the Government Code to the extent that they may pertain to access to student records. Title 5, Section 431 mandates LEAs to establish procedures to assure the security of student records. The custodian of records shall be responsible for the security of student records and shall ensure that access is limited to authorized persons. An access log will be maintained to record the signatures of those authorized individuals that have had access to student records. According to E.C. 49069, parents of currently enrolled or former students have an absolute right to access any and all student records related to their children that are maintained by LEAs or private schools. The editing or withholding of any such records, except as provided for in this chapter, is prohibited. Each LEA should adopt procedures for granting parents copies of their student’s file or time to inspect and review them during regular school hours. Access to parents shall be provided no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official student records if not centrally located and the availability of qualified certificated personnel to interpret records if requested. Based on the Family Educational Rights and Privacy Act (FERPA), access to student records and information shall not be denied to a parent because he or she is not the student’s custodial parent.
Chapter 1 5 – Student Records, Desert/Mountain SELPA As of 04/11/2014
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