DMSELPA Policies and Procedures

Policy – Category 2000 (Administration)

BP 2003 – Student Records

2.0

Student Records

California Education Code § 49061(b). “Pupil record” means any item of information directly related to an identifiable pupil, other than directory information, which is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm or other means. “Pupil record” does not include informal notes related to a pupil compiled by a school officer or employee which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. For purposes of this subdivision, “substitute” means a person who performs the duties of the 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.

2.1

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 du ty to safeguard student records. Title 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.

BP 2003 – Student Records

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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 04/14)

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