Access logs are considered a part of the Mandatory Interim file and are maintained within each individual student file. They are typically located in the front of the student file and may either be stapled to the inside cover or located in the front of the file. For those employees of the LEA who have routine access to student files, a list of their names and positions should be clearly posted on the filing cabinet where the files are securely stored. When those not listed review student records, the reviewer is required to state the purpose for the review and sign and date the access log in the student’s file.
Request for Records
When a new student enrolls within a LEA, the student’s cumulative folder and special education file will be requested from the previous LEA. Utilizing a LEA Request for Records form, records can be requested from within California without the requirement of a parental signature. A parent/guardian signature is required for the release of information from LEAs outside of California and/or from other agencies. When needed, this should be obtained through a LEA form authorizing the release of information.
Challenging Content of Records
E.C. 49070. “Following an inspection and review of a pupil’s records, the parent or guardian of a pupil or former pupil of a school district may challenge the content of any pupil record.”
A parent/guardian may submit to the Superintendent or designee a written request to correct or remove from his/her child’s record any information con cerning the child which the parent/guardian alleges to be any of the following: 1. Inaccurate 2. An unsubstantiated personal conclusion or inference 3. A conclusion or inference outside of the observer’s area of competence 4. Not based on the personal observation of a named person with the time and place of the observation noted 5. Misleading 6. In violation of the privacy or other rights of the student Within 30 days of receiving a request to correct or remove information from a record, the Superintendent or designee shall meet with the parent/guardian and with the employee (if still employed) who recorded the information in question. The Superintendent shall then sustain or deny the allegations. However, in accordance with Section 49066, the Superintendent shall not order a pupil’s grade to be changed unless the teacher who determined the grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which the grade was given and is, to the extent practicable, included in all discussions relating to the changing of the grade.
If the parent/guardian’s allegations are sustained, the Superintendent shall order the correction or removal and destruction of the information.
Chapter 1 5 – Student Records, Desert/Mountain SELPA As of 04/11/2014
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