Student Records

Maintenance

• • Student records confidentiality is of the utmost importance.

  • Storage and maintenance of these records is the responsibility of the principal and student services personnel.

  • It is the responsibility of all corporation staff to maintain confidentiality of records and information pertaining to a student’s educational program. If any information is kept separate from the cumulative file (as in a “teacher’s file) and is shared with other personnel, legally it becomes a part of the student’s educational record and cannot be destroyed. This includes e-mails in which the student’s name is used.

  • A cumulative record is kept at the school of attendance for both students without and with disabilities. These records contain information on the student’s academic and disciplinary performance throughout his/her school career.

  • For students with disabilities copies of the most recent Multidisciplinary Evaluations, IEPs, staffing reports, etc. are kept in the cumulative record.

  • Originals of evaluations, IEPs, etc. are sent to the Special Education Department where they are scanned and stored electronically. The hard copies are destroyed.

Accessing/Amending Records

• • Federal and state law, as well as corporation policy defines the procedures for accessing and amending student records. These procedures are also consistent with provisions in the Federal Educational Rights and Privacy Act (FERPA). The Notice of Procedural Safeguards contains a condensed description of these procedures.

  • A parent or guardian or a student upon reaching the age of 18 (unless adjudicated incompetent by the court) may review and request a copy of the student’s educational record. Proof of identification must be shown to Special Education personnel to obtain copies of records. Non-custodial parents may also access the student’s records if there is no court order terminating or restricting their access to the records.

  • A parent/guardian/student (18 years or older) may request that contents in the student’s record be amended. This request must be in writing, dated, and specify exactly what information is requested to be changed. The Director of Special Education is required to respond to the parent within 10 business days whether the record will be amended or not. If the decision is made by the corporation not to amend the record the parent/guardian/student may exercise their due process rights.

Publication

• • Information about a student’s special education services is confidential. The corporation may disclose some information of a directory nature (school pictures, yearbook, award ceremonies, etc.) unless parents object in writing. Written consent is required before pictures, press releases, brochures, etc. of a student with a disability may be released when the intent is to publicize special education services in the corporation. This consent, once received, is valid until revoked in writing by the parent. A copy of this Permission for Publication of Identifiable Student Information must be sent to the Special Education Department.

Distribution

• • Class rosters, listings of students/services, and other identifiable information regarding students receiving special education services is confidential and shall be provided only to authorized school personnel. Class lists, address directories, and other confidential information shall not be released to individuals, parent groups, or organizations without the approval of the Office of Communications and the Special Education Department.

Release

• Special education records may be forwarded to or requested from another school district without written parent consent, if there are legitimate educational interests involved.

• If a district or agency requires signed parental consent, an information release may be faxed between school systems.

• If an outside agency requests records a signed Release of Information must be received.

• Releases of Information become part of a student’s educational record.

• Federal law requires that records including IEPs and any supporting documents must be promptly sent to districts where students transfer during the school year. Disciplinary information regarding a student’s suspension or expulsion is to be included in the student’s educational record when transferring to another public school.

• If a student is transferring to a non-public school, a signed Release of Information must be obtained before educational records can be released.

• A student’s special education records including disciplinary information may be transmitted to law enforcement or judicial authorities to whom the school corporation has reported a crime, to the extent the transmission is permitted by FERPA.

• Some special education and related services may also be considered as “health care” and certain information may be transmitted to an agency that facilitates billing of Medicaid. This process is subject to provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Parental consent is required for this release on evaluation referral forms and IEPs.

Destruction

Special education records will be maintained for a period of three years following:

• A student’s graduation from high school with a regular diploma; or

• A student’s exit from special education programs at the end of the school year in which the student reaches age 22; or

• Determination that the student is no longer eligible for special education and related services.

Parents are given notice of this policy in writing in the Procedural Safeguards.