Record Management

34 CFR Parts 99, 300; Texas Education Code

Student Records

The records of each student referred to or receiving special education services, including referral, assessment, and reevaluation reports; enrollment and eligibility forms; admission, review, and dismissal (ARD) and transitional planning committee documentation; individual educational plans (IEP) and individual transitional plans (ITP); parental consent forms for testing and placement; and other records of services required under federal and state regulation. Includes records of students receiving School Health and Related Services (SHARS); see Texas Medicaid Provider Procedures Manual.

The records of each student referred to or receiving dyslexia program services, including referral and assessment reports; group deliberations; parental notices; and other records of services required under state regulation. 

Retention Period: Cessation of services + 5 years.

FERPA and Special Education Records

ILTexas must keep a log of everyone (except for the parent and authorized school officials) who reviews the student's special education records. The log must include:

•  the name of the person;

• the date access was given; and

• the purpose for which the person is authorized to use the records.

SPECIAL EDUCATION ELIGIBILITY FOLDER

Authorities:  34 CFR Part 300; 19 TAC Chapter 89

ILTexas will maintain an electronic eligibility folder within its Special Education Student Management System for each child receiving special education services and the child's cumulative record. These electronic records must include, but need not be limited to:

■     Copies of referral data;

■ Documentation of notices and consents;

■ Evaluation reports and supporting data;

■ Admission, review, and dismissal committee reports; and

■ The student's individualized education program (IEP)

Nothing in the Individuals with Disabilities Act will be construed to require that additional information be included in a student's IEP beyond what is explicitly required in the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE.

Physical Eligibility Folder Management

Each campus will transition to electronic eligibility record management. All documents in the student’s physical eligibility folder must be scanned and uploaded into their file in the Special Education Student Management System. Once each item in the student’s physical folder is uploaded and housed in the Special Education Student Management System, their physical file must be shredded or disposed of in compliance with confidential records data management requirements.

Protocol Folder Set-Up 

Testing protocols used in the assessment process are not filed in the eligibility folder. A separate manila folder is made to hold all assessment materials/protocols. 

1. On the folder tab for the Protocols folder: set up an initial, make a label, or write in ink in this order the Last Name, First Name, and Date of Birth on the tab (ex. Jones, Amy 12-03-2005).

2. Type or write PROTOCOL  and CONFIDENTIAL on the front of the folder.

3. Two-hole punch all protocols used and any worksheets not filed in the eligibility folder and secure with prongs.

4. For all following re-evaluations: Two-hole punch and place a colored piece of paper on top of prior protocols and secure with the prongs and write the FIE date of the prior testing.

5. A second folder may be created if the current protocol folder is too large.

End-of-Year Procedures

Update any rosters/binders for the next school year, depending on your campus procedures.

• If CSRs or State Assessment Scores are available for copying, make the appropriate copies per campus procedure. If unavailable, follow up at the beginning of the next school year and file under the Assessment Tab in confidential folders.

• Support the Special Education Team with any tasks needing to be completed by the end of the school year (i.e., transportation forms, ESY, etc.)

High School Only:

• Make a copy of all seniors’ last FIE and last annual accommodations and give it to the transition specialist

• Copy the first page of their last annual ARD reflecting their handicapping condition and ensure that it is archived in the student record in Skyward.

• The Campus Coordinator, in collaboration with the Special Education Director of Special Education Instruction and Transition, will provide a copy of the graduating seniors’ SOP (Summary of Performance), which should be placed loosely inside the current folder.

• Pack and record on Folder Exchange form all graduating senior protocol folders and send to the Special Education Records Clerk (Special Education Administrative Assistant).

Middle School (Grade 6 - 8) Only:

• Send a roster of the 8th-grade students to the appropriate high school.

• Unfinished Business (Campus Coordinator/Diagnostician/SLP Check-Out Form)

Folder Exchange

Whenever a student’s confidential folders leave your campus (i.e., transfer to the new campus, transition to the next level, or leave district), a Folder/Progress Information Exchange form MUST be completed.

1.  Complete the form as demonstrated as follows (completing one page per container being sent – if one package – one form; 4 boxes – 4 forms listing what is in each box): 

2. Be sure to complete sending and receiving information at the bottom of each form.

3. If your campus maintains a folder exchange log/binder, record the exchange log.

4. Place folders in a box along with two copies of the Folder Exchange form (for the security of all the folders and confidentiality) in each package and address the outside of the         package with the receiving party’s name and location, along with your name and campus (keep one copy for your records until you receive a signed copy from receiving        location)

What to Do When a Student Withdraws

• The campus data processor, attendance clerk, counselors, or other designee should notify the Campus Coordinator when a student withdraws.

• Pull the current and all out-of-date protocol folders.

• Ask the Case Manager for the working folder if the student transfers to another ILTexas campus.

• Complete the Folder Exchange Form to send the protocol folders to the new campus and/or to the Special Education Records Clerk (Special Education Administrative Assistant) if they are leaving ILTexas and enrolling in another district or charter (keep a copy of the folder exchange form for your records).

• Place protocol folders in the box along with two copies of the Folder Exchange form (for the security of all the folders and confidentiality) and address the outside of the package with the receiving party’s name and location, along with your name and campus.

• Make arrangements with the receiving campus for pick-up or to deliver the protocol folders to the new location.

• Update your student roster/ spreadsheet (if applicable at your campus).