If the Superintendent denies any or all of the allegations, the parent/guardian may write within 30 days to appeal the decision to the Governing School Board. Within 30 days of receiving the written appeal, the Board shall meet in closed sessions with the parent/guardian and the employee (if still employed) who recorded the information in question. The Board shall then decide whether or not to sustain or deny the allegations. If the Board sustains any or all of the allegations, the Superintendent shall immediately correct or remove and destroy the information from the student’s records, and so inform the parent/guardian in writing. The decision of the Governing School Board shall be final. If the decision of the Superintendent or Board is unfavorable to the parent/guardian, the parent/guardian shall have the right to submit a written statement of objection(s), which will become a part of the student’s record until the information objected to is corrected or removed.
The right to challenge a record becomes the sole right of the student when the student becomes 18 or attends a postsecondary institution. E.C. 49061
Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of governing board, unless the parent or guardian initiates legal proceedings relative to the disputed information within the prescribed period.
LEAs shall notify parents/guardians of students of the availability of the above procedures for challenging student records. E.C. 49063
Section B – Maintenance of Special Education Records
Location of Special Education Records
Special education records are defined by the Family Education Rights and Privacy Act (FERPA), 34 CFR 99.3, as “education records”. FERPA requires that all education records must be kept confidential and that access to education records be restricted to education officials and teachers who are employees of the local education agency and who have a legitimate educational interest in the child. The Individuals with Disabilities Education Act (IDEA) also indicates that access to special education records is restricted to educational officials with the responsibility to meet the requirements of special education law. Additionally, that a record must be kept of all parties obtaining access to special education records (34 C.F.R. 300.614) and that education agencies must provide to parents on request, a list of the types and locations of education records (34 C.F.R. 300.616). It is the Desert/Mountain SELPA’s policy to ensure the protection of the confidentiality of any personally identifiable data collected or maintained on a child with a disability while ensuring access to those legitimate educational providers who require access to such records in order to provide appropriate services to the child. Although several LEAs may find it advisable and more practical to keep special education records in a central location because of the uniqueness of special education confidentiality requirements, LEAs have the option to store such records in a separate location from the chil d’s cumulative records. Title 5, C.C.R. 433(b) states:
Chapter 1 5 – Student Records, Desert/Mountain SELPA As of 04/11/2014
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