Access to Records
*Special education records are subject to the same privacy and access right as other mandatory records. In addition, parents have the right to examine all school records of their child that relate to the identification, assessment, and educational placement of the child. Even though records may be stamped “confidential” or contain sensitive information, the parent or eligible student has full right of access. Parents have the right to receive copies within five business days of making the request, either orally or in writing. A public educational agency may charge no more than the actual cost of reproducing the records, but if this cost prevents the parent from exercising their right to receive the copies, the copies shall be reproduced at no cost to the parents. The Family Educational Rights and Privacy Act (FERPA) requires that LEAs / districts inform parents that they have the right to:
• Inspect and review the student's education records
• Seek amendment of the student's records that they believe to be inaccurate, misleading, or otherwise in violation of the student's privacy rights.
• Consent to disclosures of personally identifiable information contained in the student's educational records, except to the extent that FERPA authorizes disclosure without consent.
• File a complaint with the Family Policy Compliance Office (FPCO) alleging the LEA’s / district's failure to comply with the requirements of FERPA.
*The LEA/district will not permit access to any child’s records without written parental permission except as follows:
• LEA/district officials and employees who have a legitimate educational interest including a school system where the child intends to enroll
• Certain state and federal officials for audit purposes
• A pupil 16 years of age or older, having completed the 10th grade who requests access to their own records The LEA/district may release information from the student’s records for the following:
• In the event of emergency and/or when the knowledge of such information is necessary to protect the health or safety of the child and/or others
• To educational organizations (i.e. the California Department of Education) to the extent necessary for the organization’s function
• To officials and/or employees of private schools or school systems in which the child is enrolled or intends to enroll