Policy – Category 2000 (Administration)
BP 2003 – Student Records
The right to challenge a record becomes the sole right of the student when the student becomes 18 or attends a postsecondary institution. Education Code § 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. Education Code § 49063
3.0
Maintenance of Special Education Records
3.1
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 DMSELPA ’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 child’s cumulative records. Title 5, C.C.R. 433(b) states:
“Records for each individual pupil shall be maintained in a central file at the school attended by the pupil, or when records are maintained in
BP 2003 – Student Records
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 04/14)
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