DMSELPA Policies and Procedures

Policy – Category 2000 (Administration)

BP 2003 – Student Records

1. Review the case file to determine if prohibited information is contained therein, removing any prohibited protocols and all assessment reports which contain IQ information.

2. Copy the original report(s) and on the copy, extricate the following information:

a. Any reference to a test instrument which yields an IQ score or standard score that is an indication of cognitive functioning.

b. Any test data summary scores from the test instrument(s).

c. Any commentary in the report which discusses the student’s performance on the test instrument(s).

3. Make a copy of the purged report to place in the student’s records and destroy the copy that was used to extricate the information.

4. Notify the parent/guardian that the student’s original report and any relevant protocols will be sealed.

5. Seal the purged records and a copy of the parent/guardian notification in an envelope. Mark the outside of the envelope with the student’s name, destruction date of five years from the date the records were purged, and instructions that the envelope is only to be opened for purposes of litigation, official state or federal audits, or upon parent/guardian request.

6. Add the student’s name to the LEA’s mas ter list of student records from which reports have been purged based upon the Larry P. ruling.

4.0

Appendices

A. 1995 U.S. Department of Education Letter to Copenhaver

B. E- mails are not Educational Records if They are “Not Printed and Placed” in a Student’s File

5.0

Legal References

California Education Code o

§ 49060, § 49061, § 49061(b), § 49063, § 49064, § 49066, § 49069, § 49070, § 49075, § 49076, § 49077, § 56504

• Title 34 of the Code of Federal Regulations (CFR) o § 99.3, § 300.614, § 300.616, § 300.623 • Title5 of the California Code of Regulations (CCR)

BP 2003 – Student Records

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

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