Policy – Category 2000 (Administration)
BP 2003 – Student Records
different locations, a notation in the central file as to where such other records may be found is r equired.”
LEAs that elect to store special education records in a separate location from the cumulative file must place a notice or flag in the child’s cumulative record that indicates additional special education records may also be found in a different location. This requirement is supported in the 1995 U.S. Department of Education (USDOE) Letter to Copenhaver whereby USDOE concluded that: “FERPA does not generally address what education records a school may or may not maintain or where the school maintains such records. Thus, under FERPA a school would not be prohibited from placing a notice in the student’s cumulative records which states that the student receives special education services and that another file exists in another office.”
3.2
Student Records Retention
Most California special education records are classified by California code as Class 2 documents or “Mandatory Interim Pupil Records.” These are records which schools are required to compile and maintain until the student leaves the LEA, or unti l their “usefulness ceases.” At that time, such records may be reclassified as Class 3 records. While Class 3 documents may be destroyed after the third school year following the point at which usefulness has ceased, SBCSS Policy and the Participation Agreement of the Local Plan requires maintenance of special education records and accounts including property, personal and financial records for five years after their usefulness ceases. Such records, as related to special education may include special education forms, access log, health records, special education test protocols, assessment reports, case studies, and authorizations. Any standardized test results more than three years old are identified under state regulations as Class 3 records which may be destroyed during the third school year after the school year in which they are originated. C.C.R. 16027 Regardless of whether actual test protocols are kept in LEA files or in LEA psychologist personal files, if they are used and cited in the preparation of any disseminated report, they will constitute official school records for legal purposes and are governed in accordance with California Education Code. Under IDEA 2004, the LEA must inform the parent when personally identifiable records are no longer needed to provide educational services to a student. At that time, or at parent request, the student’s records may be destroyed. The notice should include the items that are no longer needed and a timeline for destruction
BP 2003 – Student Records
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 04/14)
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