SPECIAL EDUCATION STUDENT RECORDS
Confidentiality
Each school district must protect the confidentiality of all special education student records. The following procedures should be followed:
Assign one official at each district/school the responsibility for serving as the custodian of records. The Axia Group is the custodian for District records. Case Managers are the custodian of the records of the students on their caseload.
Maintain student records in a controlled and protected location;
Maintain for public inspection a current list of names and positions of those employees who have routine access to student files;
Maintain an access log in each student's file that is open to the inspection of a parent and school officials; the log must contain the name of the requesting party, the legitimate interest of the party, the date of access, and the purpose;
Maintain a record indicating when records have been requested and forwarded to other agencies; and
If student records are maintained in more than one location, the central file must contain information indicating that a file exists in another location and specifying how to request access to that file. Send to the District a copy of anything that you put in a student's site file. (E.C. § 49064)
CASE MANAGER RESPONSIBILITIES
School Site Records
Case Managers have the responsibility of maintaining an Electronic copy for each student on their case load that is password protected.
Student records are to be kept in a locked file cabinet in their home office.
Any document that is maintained in the site file under the category of Mandatory Interim, must be sent to the records clerk to include in the District file.
Student files are NOT to be left out in the open on desks, etc. unattended. This includes your home offices.
Definition of Student Records
Student records include any information related to an identifiable student (other than directory information). Student records do not include informal notes about a student that a school district employee keeps for private use and does not reveal to any other person except a substitute teacher. (E.C. § 49061(b))
All student records are classified as mandatory permanent, mandatory interim, or permitted.
Mandatory permanent student records include directory information, enrollment and exit dates,
Agencies or organizations in connection with students applying for or receiving financial aid but only as may be necessary to determine the eligibility of the student for financial aid, the amount of the financial aid, and to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid;
County elections official, for the purpose of identifying students eligible to register to vote, and for conducting programs to offer students an opportunity to register to vote;
Accrediting associations in order to carry out their accrediting functions;
Organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of students or their parents by persons other than representatives of the organizations and the information will be destroyed when no longer needed for the purpose for which it is obtained and the organization enters into a written agreement with the LEA that complies with federal regulations;
Officials and employees of private schools or school systems where the student is enrolled or intends to enroll (to mandatory interim and permitted student records only and
A contractor or consultant with a legitimate educational interest who has a formal written agreement or contract with the school district regarding the provision of outsourced institutional services or functions by the contractor or consultant; (E.C. § 49076(1)(2))