CONFIDENTIALITY OF RECORDS

PERSONNEL WHO HAVE ACCESS TO CONFIDENTIAL SP. ED. RECORDS
POLICIES AND PROCEDURES
MAINTENANCE OF STUDENT EDUCATIONAL RECORDS
PARENT’S RIGHTS FOR CONFIDENTIALITY OF STUDENT RECORDS
PROCEDURE FOR REQUESTS FOR RECORD ACCESS AND DISCLOSURES MADE
ANNUAL NOTIFICATION TO PARENTS REGARDING CONFIDENTIALITY OF STUDENT EDUCATION RECORDS
LINK TO "ACCESS TO RECORDS" FORM
LINK TO "PARENT LETTER OF FILE DESTRUCTION"
LINK TO "PARENTAL REQUEST FOR RECORD RETENTION"
 

Apache Junction Schools shall permit parents to inspect and review any educational records relating to their children which are collected, maintained, or used by the District. The District shall comply with a request without unnecessary delay and before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of a child, and in no case more that 45 days after the request has been made.

The right to inspect and review education records under this section includes:

• The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records.
• The right to request that the agency provide copies of the records containing the information of failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records.
• The right to have a representative of the parent inspect and review the records.

The District may presume the parent has authority to inspect and review records relating to his/her child unless the District has been advised the parent does not have authority.

The Apache Junction School will maintain an accurate record of all requests for it to disclose information from or to permit access to a student’s education records and of information it discloses and access it permits with some exceptions listed below. This record is kept with, but will not be part of, a student’s psychological records. It will be available only to the record custodian, the eligible student, the parent of a student, or to federal, state, or local officials for the purpose of auditing or enforcing federally supported educational programs.

The record will include at least:

• The name of the person or agency that made the request.
• The interest the person or agency had in the information.
• The date the person or agency made the request.
• Whether the request was granted and, if it was, the date access was permitted or the disclosure was made.

The district will maintain this record as long as it maintains the student’s educational record.

I. AJUSD PERSONNEL WHO HAVE ACCESS TO CONFIDENTIAL SPECIAL EDUCATION  RECORDS

Access to special education records is limited to the following personnel:

Peggy Mejia, M.A. Director of Special Education Group
Carol Geiser,  Special Services Secretary
Cynthia Garcia, Secretary
Martin Loftus, M.S., School Psychologist
Marj Hayles, M.S., School Psychologist
Chris Holcombe, M.S., School Psychologist
Jeremy Ehmke, M.S., School Psychologist
Scott Indermuehle, SPED Facilitator

Special education teachers and special education related service personnel may review special education records at the district office only.

Located on the back of each student’s file is an access records sheet which must be signed when files are reviewed or removed.

If a student’s file is to be removed from the office, complete the check out card found at the front of each file drawer and place it into the students pendaflex file. Student’s file should be returned within a two (2) week period.
  

II. POLICIES AND PROCEDURES

Policies and Procedures must include the following:

Parents may inspect and review any evaluation relating to their child; agency must comply with parent request without unnecessary delay and before any meeting regarding an IEP or hearing, and in no case more than four-five days after request.  34CFR 300.562(a);99.6(a)(2) and 99.10(b)

Parents have a right to a response to reasonable request for explanations and interpretations of records. 34 CFR 300.562(b)(1);99.10{c}
Parents have a right to copies of failure to provide copies would prevent parent from inspecting and reviewing. 34 CFR 300.562(b)(2);99.10(d)

Parents have a right to have a representative inspect and review records. 34 CFR 300.562(b)(3);99.10(f)

Agency may presume parent has authority to inspect/review unless advised parent does not have that authority under applicable State law. (e.g. guardianship, separation, divorce) 34 CFR 300.562{c};99.4
Agency must keep record of parties obtaining access to records, including name, access date, purpose for access. 34 CFR 300.563; 34 CFR 99.6(a)(5); 99.32(a)

If record has information regarding more than one child, parent may only review information regarding his/her own child. 34 CFR 300.564; 99.12(a)

Agency must provide parent (on request) a list of types and locations of agency’s records. 34 CFR 300.565; 99.6(a)(2)(iv)

Circumstances in which copies of education records will be denied to a parent/eligible student. 34 CFR 99.5(2)(ii)

Criteria that will be used to determine which parties are school officials who may have access to student records. 34 CFR 99.5(3)

Agency may charge for copies if fee doesn’t prevent parents from inspection/review. 34 CFR 300.566(a)(2)(iii); 99.11(a)

Agency may not charge a fee to search for/retrieve information. 34 CFR 300.566(b); 99.11(b)

If decided in hearing that information not be amended, the agency informs parent of right to place statement in the record commenting on information or setting forth reasons for disagreeing with agency decision. 34 CFR 300.569(a); 99.21(b)(2)

Parent explanation maintained in record as long as record or contested portion maintained.  34 CFR 300.569(c)(1); 99.21(c)(1)

If record of contested portion disclosed, parent explanation also disclosed 34 CFR 300.569(c)(2); 99.21(c)(2)

Agency protects the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages. 34 CFR 300.572(a)

Designation of confidentiality officer 34 CFR 300.572(b)

Training/instruction regarding confidentiality. 34 CFR 300.572(c)

A list of the names and positions of those employees who may have access to confidential information.  34 CFR 300.5)72(d); 99.6(a)(iv)

Inform parents when information is no longer needed to provide educational services.  34 CFR 300.573(a)

Information that may be maintained without time limitations.  34 CFR 300.573(b)

Children are afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the child and type or severity of disability.  34 CFR 300.574

In accordance with the Family Educational Rights and Privacy Act, the rights of parents regarding education records are transferred to the student at age eighteen. 34 CFR 99.5(a)

Date of adoption of the policy by the district’s governing board. 34 CFR 99.6(a)(b)

Information contained in a student’s education record will not be disclosed without the prior written consent of the parent/eligible student.  34 CFR 300.571; 99.30  Includes procedures in the event that a parent refuses to provide consent.

Circumstances in which copies of educational records will be disclosed without the prior written consent of the parent/eligible student 34 CFR 99.31; 99.34; 99.37

A definition of what is considered to be a legitimate educational interest for disclosures 34 CFR 99.32(b); 99.6(4)

Parent may request amendment of he/she believes information in record is inaccurate, misleading or violates the privacy or other rights of the child. 34 CFR 300.567(a); 99.20(a)

Agency to decide whether to amend information within reasonable time.  34 CFR 300.567(b); 99.20(b)

If agency refuses to amend, inform parents of refusal and of right to hearing.  34 CFR 300.567(c); 99.20(c)

Hearing will be conducted according to procedures under 34 CFR 300.568; 300.570; 99.22; and 99.34

If parents request, agency must provide hearing to challenge information in record.  34 CFR 300.568; 99.21(a)

If decided in hearing that information is inaccurate, misleading or violates rights, agency must amend the record and so inform the parent in writing.  34 CFR 300.569(a); 99.21(b)(1)(ii)

III. MAINTENANCE OF STUDENT EDUCATIONAL RECORDS

The student records maintained by the school office under the supervision of the principal may include-but not necessarily limited to- identifying data, report cards and transcripts of academic work completed, standardized achievement test scores, attendance data, health data, teacher or counselor observations and verified reports of behavioral problems, etc.

The student records or special education records maintained by the Special Education Department under the supervision of the Special Education Director may include-but not necessarily limited to-reports of psychological testing, information obtained from interviews with parents and/or teachers, counselor or psychologist’s observations or interventions with the student, health data, Individual Education Program goals, quarterly or semester reports (progress reports), persons having had access to information, correspondenc with parents, guardians, or teachers, meeting notes, placement statements, etc. 

IV. PARENT’S RIGHTS FOR CONFIDENTIALITY OF STUDENT RECORDS

School districts assume that each parent has the right to inspect or review his/her child’s school records. You should tell the district if the other parent is NOT allowed these rights because of court rulings or decisions. Be prepared to give the district a copy of the ruling or decision. Your rights about reviewing and releasing your child’s school records include:

1. 1. the right to inspect or review your child’s records and have school staff explain those records

   2. within forty-five days of your request.

   3. the right to have your representative inspect or review your child’s records and have school

   4. staff explain those records within forty-five days of the request.

   5. the requirement that the school get your written consent before releasing your child’s school

   6. records to persons who are NOT on the school’s list of persons allowed to review records without your written consent. Others must list their name, date of access, and purpose for reviewing the records. The school board policy may allow the transfer of records to receiving districts without your consent.

   7. the requirement that your child’s school records will only be reviewed for educational

   8. purposes and school staff will keep records confidential and safe.

   9. the right to request that information you consider to be incorrect or misleading be removed or

   10. amended from your child’s records. If the school disagrees, a hearing may be held. If the hearing confirms the record is correct, you may add a statement of your disagreement to the record. Your statement to the record is part of your child’s permanent record, and if the information you disagree with is released, the district must release your statement.

   11. the right to inspect only your child’s records, if these records contain information about other

   12. student, it will be removed before you inspect your child’s records.

   13. the right to obtain copies of records from the school. The school may include a charge fee as

   14. long as the charges do not prevent you for getting copies.

   15. the right to obtain copies without fee for search and retrieval of the educational records.

   16. the right to be notified before information in your child’s records is to be destroyed.

V. PROCEDURE FOR REQUESTS FOR RECORD ACCESS AND DISCLOSURES MADE

Apache Junction Schools shall permit parents to inspect and review any educational records relating to their children which are collected, maintained, or used by the District. The District shall comply with a request without unnecessary delay and before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of a child, and in no case more that 45 days after the request has been made.

The right to inspect and review education records under this section includes:

• The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records.
• The right to request that the agency provide copies of the records containing the information of failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records.
• The right to have a representative of the parent inspect and review the records.

The District may presume the parent has authority to inspect and review records relating to his/her child unless the District has been advised the parent does not have authority.

The Apache Junction School will maintain an accurate record of all requests for it to disclose information from or to permit access to a student’s education records and of information it discloses and access it permits with some exceptions listed below. This record is kept with, but will not be part of, a student’s psychological records. It will be available only to the record custodian, the eligible student, the parent of a student, or to federal, state, or local officials for the purpose of auditing or enforcing federally supported educational programs.

The record will include at least:

• The name of the person or agency that made the request.
• The interest the person or agency had in the information.
• The date the person or agency made the request.
• Whether the request was granted and, if it was, the date access was permitted or the disclosure was made.

The district will maintain this record as long as it maintains the student’s educational record.
  

VI. ANNUAL NOTIFICATION TO PARENTS REGARDING CONFIDENTIALITY OF STUDENT EDUCATION RECORDS
 

Dear Parent:

The Governing Board has established written policies regarding the collection, storage, retrieval, use, and transfer of student educational information collected and maintained pertinent to the education of all students to ensure the confidentiality of the information and to guarantee parents' and students' rights to privacy.
These policies and procedures are in compliance with:

The Family Education Rights and Privacy Act; Title 20, United States Code, Sections 12322g and 1232h; and the federal Regulations (34 CFR, Part 99) issued pursuit to such act; and Arizona Revised Statutes Title 15, Section 141.

Student education records are collected and maintained to help the instruction, guidance, and educational progress of the student, to provide information to parents and staff members, to provide a basis for the evaluation and improvement of school programs, and for legitimate education research. The students' records maintained by the District may include, but are not necessarily limited to: identifying data, report cards and transcript of academic work completed, standardized achievement test scores, attendance data serious or recurrent behavior patterns. These records are maintained by the District under the supervision of the building administrator and are available only to the teachers and staff members working with the student. If your son/daughter should transfer to another school, these records will be sent to the new school upon their request. Otherwise, records are not released to most agencies or persons without prior written consent of the parent. You have the right to inspect and review any and all records related to your child, including a listing of persons who have reviewed or have received copies of the information. Parents who wish to review their children's records should contact the principal or designee for an appointment. School personnel will be available to explain the contents of the records to you. Copies of student education records will be made available to parents when it is not practical for you to inspect and review the records at the school. Charges for the copies of records will be actual cost of copying. If you believe information in the record files inaccurate or misleading, you have the right to request that a correction be made and to add comments of your own. If at any time an agreement between the principal and parent cannot be reached, you may contact the Superintendent or designee and request a hearing. You shall be informed when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to your child. The information must be maintained for two years after the date your child was last enrolled in this school district. Special Education records will be kept for three years. Copies of the district, policies and procedures pertaining to the confidentiality of student education record may be reviewed in the assigned office in each school. Federal law also permits a parent to file a complaint with the Family Educational Rights and Privacy Act Office in Washington, D.C., if you feel the school is violating public school records policies and statutes. During the school year, district staff members may compile non confidential student directory information such as :

The student's name, address, date and place of birth, telephone number, grade, school of attendance, most recent school attended, diplomas, awards and honors received, major field of study, and record of participation in officially-recognized activities (sports and school events), such as weight, height and team number.

According to state and federal law, this directory information, as identified above, may be publicly released without the permission of parents. However, if you do not wish any or all of the above information released about you son/daughter, you may request this by filling out and signing a "Non-disclosure of Information" form, which is available from your school office, and returning it to the principal's office. If this notification is not received, we will assume that your permission is given to use your son's/daughter's directory information as described above.