Special Education / Confidentiality of Special Education Student Information

Blacklick Valley Section: PROGRAMS School District Title: CONFIDENTIALITY OF SPECIAL

EDUCATION STUDENT INFORMATION

Adopted: January 22, 2014

Revised:

1. Authority Pol.113	The Blacklick Valley School District (BVSD) Board recognizes the need to protect the confidentiality of personally identifiable information in the education of students with disabilities.
34 CFR Sec. 300.611- 300.627	The district shall maintain a systemof safeguards to protect the confidentiality of students' educational records and personally identifiable information when collecting, retaining, disclosing and destroying student special education recordsm, in accordance with Board policy, state requirements, and federal state law regulations.
34 CFR Sec. 300.520, 300.625	The rights provided by this policy apply to parent/guardians of students who receive special education programming and services from the district or an outside program provided through the district.
2. Definitions 34 CFR Sec. 300.611	Destruction shall mean the physcial destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.
3. 34 CFR Sec. 99.3	Disclosure shall mean to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record. (34 CFR Sec. 99.3)
20 U.S.C. Sec. 1232g 34 CFR Sec.99.3 Pol. 216	Educational Records, for purposes of this policy, shall include the records and information covered under the definition of education records in the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations. (20 U.S.C. Sec. 1232g, 34 CFR Sec. 99.3 Pol, 216.116)
34 CFR Sec.99.3, 300.32	Personally identifiable information includes, but it not limited to:
	1. The name of a student, the student's parents/guardians or other family members. 2. The address of the student or the student's family. 3. A personal identifier, such as the student's social security number, student number, or biometric record. 4. Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name. 5. Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. 6. Information requested by a person who the district reasonably believes knows the identity of the student to whom the education records relates (34 CFR Sec. 99.3, 300.32)
4. Guidelines 34 CFR Sec. 99.10, 300.613	Parental Access Rights
	The district shall permit parents/guardians to inspect and review any education records relatin to their child(ren) that are collected, retained, or used by the district in connection with provided special education services to the student. (34 CFR) The district shall comply with a parental request to inspect and review education records without unnecessary delay and befor any meeting regarding an Individualized Education Program (IEP); any impartial due process hearing relating to the identification, evaluation, educational placement, or the provision of a free and approprate public education (FAPE) to a student;a hearing related to the discipline of the student; and a resolution meeting.
34 CFR Sec. 99.4 300.613	The district shall presume a parent/guardian has authority to inspect and review records relating to his/her child unless it has been provided documentation that the requesting parent/guardian does not have this authority under applicable state law.
34 CFR Sec. 99.10 300.613	The district shall comply with a parental request for review within forty-five (45) days followng receipt of the request. A parent's/guardian's right to inspect and review education records includes the right to:
	1. A response from the district to reasonable requests for explanations and interpretations of the records. 2. Request that the district provided copies of the records if the faliure to provide copies would effectively prevent the parent/guardian from exercising the right to inspect and review the records: and 3. Have a representative inspect and review the records.
34 CFR Sec. 99.12, 300.615	If an education record includes information on more than one (1) student, the parents/guardians shall have access only to the information relatin to their child or shall be informed of the information in the record.
34 CFR Sec. 300.616	The district shall provide parents/guardians, upon request, a list of the types and locations of education records collected, maintained, or used by the district.
	Fees
34 CFR Sec. 99.11, 300.617	The district may charge a fee for copies of records that are made for parents/guardians so long as the fee does not effectively prevent parents/guardians from exercising their right to inspect and review those records. The district shall not charge a fee to search for or to retrieve informaiton in response to parent request.
34 CFR Sec. 300.614	Record of Access
	The distict shall keep a record of parties obtaining access to education records collected, maintained, or used in or providing special education to students with disabilities, except access by parents/guardians and authorized district employees. The district's record of access shall include the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
34 CFR Sec. 99.20 300.618	Amendment of Records Upon Parental Request If a parent/guardian believes that information in the student's education records is inaccurate, misleading or violates the privacy or other rights of the student, the parent/guardian may request that the district amend the information. The district shall decide whether to amend the information within a reasonalbe period of time from receipt of the request. If the district shall decides to amend the information in accordance with a parental request the district shall inform the parent/guardian of the refusal and advise the parent/guardian of the right to a hearing.
34 CFR Sec. 99.21 300.510- 300.516, 300.619	Records Hearing The district shall, upon request, provide parents/guardians, with the opportunity for a hearing to challenge information in the student's education records to ensure that the information is not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights. The district recognizes that parents/guardians who believe that there is a due process violation relating to an alledged violation of confidentiality may also request a special education due process hearing.
34 CFR Sec. 99.22, 300.621	Hearing Procedures A hearing to challenge information in education records must meet the following requirements: 1. The district shall hold the hearing within a resonable time after receiving the request for a hearing. 2. The district shall gieve the parent/guardian reasonable advanced written notice of the date, time, and place of the hearing. 3. The hearing may be conducted by any individual, including a district official, who does not have a direct interest in the outcome of the hearing. 4. The district shall give the parent/guardian a full and fair opportunity to present relevant evidence. The parent/guardian may, at his/her own expense, be assisted or represented by one (1) or more individuals of his/her choice, including an attorney. 5. The district shall inform parents/guardians of its decision in writing within a reasonable period of time after the hearing. 6. The decision must be based soley on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.
34 CFR Sec. 99.21, 300.620	Results of Hearing If, as a result of the hearing, the district decides that the information is inaccurate, misleading, or otherwise in violation of the student's privacy or other rights, the district shall amend the information accordingly and inform the parent/guardian in writing. If, as a result of the hearing, the district decides that the informatio nis not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights, the district shall inform the parent/guardian of the parent's/guardian's right ot place in the student's records a statement commenting on the information and/or providing any reasons for diagreeing with the district's decision. Any explanation placed in the student's records shall be: 1. Maintained by the district as part of the student's records as long as the record or contested portion is maintained by the district; and 2. Included with the record or contested portion if the record or contested portion are disclied to any party.