Understanding the Management and Confidentiality of Special Education Records (Full Transcript)

Speaker 1: Special education records are maintained for each identified student in a special education folder within the student's cumulative file. This file is called the student's confidential file. The confidential file includes all documents associated with the identification, evaluation, educational program or placement, and the provision of a free, appropriate public education and are kept in a secure location in your child's school. Access to special education records is limited. The Director of Student Services is responsible for the confidentiality of records with assistance from the building administrators. A list of staff members and other individuals who have reviewed your child's record is kept in the front of your child's educational file. You have the right to view this list at any time. Educational records are all records personally identifiable to an individual student and are protected under the Family Education Rights and Privacy Act. The records are maintained by the school system and include both paper and electronic versions of special education records and discipline, health, and assessment reports. Educational records do not include personal notes taken by a staff member which have not been shared verbally or in writing with any other staff member. Parents may provide a release of confidential records to a representative of their choice. Building administrators may assume a representative is authorized if they present a signed note from you granting access, the person accompanies you when you obtain access, or the administrator has been contacted by you in advance and the representative presents proper identification prior to gaining access. You or your representative will be accompanied by an AACPS staff member when reviewing your child's records. All parental requests to review records must be honored within 45 days. A request for access in order for you to better participate in an IEP team meeting will be honored in less than 45 days. A building administrator must provide a copy of your child's educational record to you on request if failure to do so would effectively keep you from exercising the right to inspect and review your child's record. You are responsible for the cost of the copy of your child's record. This cost may be waived if charging the fee prevents you from exercising the right to review or inspect your child's records. Student protocols are not subject to copying requests. You or your agent may review and inspect protocols, but may not receive copies of these documents. In addition, some county and state assessments are considered secure and may not be copied. You may request that an educational record be amended if you believe that information in the record is misleading or inaccurate, or violate your child's privacy or other rights. Requests to amend a student record are made in writing to the building administrator. If your request for amendment is not granted, you may appeal the decision to the superintendent of schools. Amendment may not occur for requests to change grades or disciplinary decisions, to change the opinions or reflections of a school official or other person, or to change special education determinations. Records are required to be retained for six years. If you request that information older than six years be destroyed and it is no longer needed to provide educational services, it will be destroyed by shredding or burning. If your request is verbal, the recipient will make a note of your request. At that time, you will be reminded that the information may be needed for Social Security benefits, medical assistance, or for other purposes. The building administrator will document what information has been destroyed and the date of destruction and inform you in writing. The building administrator or director of special education may request, in writing, permission from you to destroy obsolete records. The request will detail which information is to be destroyed and when the destruction will occur. You will be reminded that information may be needed for Social Security benefits, medical assistance, or for other purposes. You must provide consent on the destruction of information form and a copy of the request, along with your consent, will be maintained in your child's special education file. Under AACPS student record policies, a permanent record will be maintained which may include your child's name, address, telephone number, grades, attendance record, classes attended, grade level completed, and by year. Consent to release confidential information about your child may not be required to release information to the military, the health department, or other federal and state agencies. No consent is necessary for school system personnel to review your child's folder. No consent is needed to send the information in your child's file to another public school if your child is transferred. Executive Regulation 907 has a complete list of agencies and staff who may review your child's confidential information at any time without consent. At IEP team meetings, the team may request to share information with a private provider or evaluator as part of the information gathering process or to share strategies. When this occurs, you will be asked to provide written consent. For more information, refer to the Anne Arundel County Public Schools e-Handbook for Special Education.