Special Education Records Retention and Destruction Policy

PLAINVIEW ELGIN MILLVILLE COMMUNITY SCHOOL
SPECIAL EDUCATION RECORDS RETENTION AND DESTRUCTION POLICY
Any regulations regarding educational record retention applying to all students apply to special education students. For purposes of consistency however, and in recognition of the very different nature of the records public school districts generate in the normal course of educating their special education students, Plainview Elgin Millville School District makes the following clarifications to its data retention schedule in regards to special education records:
1.        The district will retain the student’s name, address, and phone number, standardized and achievement test results, grades, attendance, and grade level completed without time limitation.  However, in this circumstance, the term  ”standardized and achievement tests” means tests provided to both regular and special education students to gauge their overall academic performance and progress. The term  ”standardized and achievement tests” does not include protocols for tests conducted in connection with special education evaluations.
2.       Protocols used in completing special education evaluations will be destroyed three years after administration, interpretation, and summarization, and after parent permission.
3.       Pursuant to both Minnesota and federal law, records in the possession of instructional personnel which are in the sole possession of the person who created them and are not accessible or revealed to any other individual except a substitute teacher, and are destroyed at the end of the school year, shall not be deemed to be “educational records”. Duplicate copies of permanent file information (e.g. most recent Individualized Education Plan and Evaluation Summary) may be kept in a teacher/specialist working file.
4.       With the above exceptions, the school district will retain all special education records until six years after the student has turned 21 years of age. At that time, the contents will be destroyed.
General Notice of the District’s Special Education Records Retention and Destruction Policy is to be provided on the District website. Parents and eligible students will be notified about this practice at the time the student is
a)      dismissed from special education services
b)      moves
c)       graduates with a diploma from the school district or
d)      ages out of school per Minnesota and federal law in effect at the time.
This will constitute notice and no further notice will be given at the end of the six years. Parents and eligible students will be asked to sign an acknowledgement of the district’s policy to destroy the records after six years and the “Notice” has been given. A copy of this notice will be retained by the school with the permanent special education records.   Records may not be destroyed if there is an outstanding request to inspect the records by the parent or eligible student. Records must be destroyed at the request of the parents if they are no longer needed for educational purposes.
See Attachment 1 – Permission to Shred Protocols,  and Attachment 2 – Notice of Special Education Records Retention and Destruction Policy
 
                                                                PLAINVIEW ELGIN MILLVILLE SCHOOL BOARD,        2009
                                                                                                            Attachment 2
 
Student Name_________________________________Date of Birth________________
 
NOTICE OF SPECIAL EDUCATION RECORDS RETENTION AND DESTRUCTION POLICY
In accordance with the policy adopted by the Plainview Elgin Millville School District and approved by the Minnesota Records Disposition Panel, notice is hereby being given as the length of time that your special education file will be maintained.
The record will be retained until six years after the student’s 21st birthday in accordance with the District’s retention schedule. At that time, the Contents will be destroyed with the exception of the following, which will be maintained without time limitation: a copy of this Notice, student’s name, address, phone number, standardized and achievement test results, grades, attendance, and grade level completed.
By signing this Notice, you are acknowledging the retention policy. No further Notice will be given.
 
______________________________                                    _________________________________
Student (when appropriate)                                       Parent (or legally appointed guardian)
 
_____________________________                          _________________________________
                Date                                                                                                Date
 
_____________________________                          ________________________________
             Witness                                                                                  Date