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IGBAB - Confidentiality - Education Records/Records of Students with Disabilities**

Code:  IGBAB
Readopted:  2/26/18
Adopted:  3/7/06 
Orig. Code(s):  IGBAB-AR

The district shall designate an employee to coordinate special education records (“designated coordinator”).  In addition to all procedures and safeguards detailed in Board policies JO - Education Records, JOA - Directory Information, JOB - Personally Identifiable Information and accompanying administrative regulations, the designated coordinator shall ensure that the district provides access to and protects the confidentiality of student education records.

  1. Confidentiality of Student Records

a.   The designated coordinator ensures that the confidentiality of personally identifiable
      information is protected at collection, storage, disclosure and destruction stages.

b.   The district ensures that each person collecting or using personally identifiable
      information shall receive training or instruction regarding the policies and procedures
      governing confidentiality of personally identifiable information.

c.   The district maintains for public inspection a current listing of the names and
      positions of the employees who may have access to personally identifiable
      information and keeps a record of any authorized personnel not on the listing who
      review the record.

d.   The district provides parents or eligible students, on request, a list of the types and
      locations of education records collected, maintained or used by the district.

e.   The district will comply with a request from a parent or eligible student to inspect and
       review an education record without unnecessary delay and:

(1)  In no case more than 45 calendar days after the request has been made; and

(2)  Before any meeting regarding an individualized education program (IEP) or
      hearing relating to the identification, evaluation or placement of the student.

f.    The designated coordinator shall ensure that a parent or eligible student who
       requests an explanation or interpretation of any information contained in an
       education record receives an appropriate explanation or interpretation.

g.   The district presumes that the parent has authority to inspect and review records
       relating to his/her student unless the district determines that the parent does not
       have the authority under applicable state law governing such matters as
       guardianship, separation and divorce.

h.   If a parent or eligible student requests a copy of the student’s records, the district will
      give the parent or eligible student a copy except that:

(1)  The district will not provide a copy of test protocols, test questions and
       answers and other documents unless authorized by federal law;

(2)  The district may charge a copying fee subject to the Fees section, below.

2.   Fees

a.   If requested by a parent or eligible student, the designated coordinator shall provide
      copies of the records containing the information without a fee if the designated
      coordinator determines that a failure to provide those copies without a fee would
      effectively prevent the person from exercising the right to inspect and review the
      records.

(1)  The designated coordinator shall determine that a parent or eligible student
       will be effectively prevented from exercising the right to inspect and review an
       education record if the person cannot inspect and review the education record
       at the location at which it is normally maintained (or at any other location
       where the district offers to produce it) without incurring significant expense or
       personal hardship.

(2)  The designated coordinator may charge a fee for copies of records which are
       made for a parent or eligible student if the fee does not effectively prevent the
       person from exercising his/her right to inspect and review those records.

b.   The designated coordinator may not charge a fee to search for or to retrieve
      information.

3.   Destruction of Information

a.   The district sends written notice to inform parents or eligible students when
      personally identifiable information collected, maintained or used by the district is no
      longer needed to provide educational services to the student.  This notice
      requirement applies only to information that would otherwise be retained under the
      State Archives Rules.

b.   The determination as to whether personally identifiable information is needed to
      provide  educational services to a student is made by the district after careful review
      of the information and with the concurrence of the student’s current teacher or
      teachers, if the student is currently enrolled in the district.

c.   The written notice sent to the parent or eligible student describes the personally
      identifiable information that the district intends to destroy and informs the parents
      that the information will be destroyed no earlier than 60 days from the date of the
      notice.  The notice also outlines the procedure which the parent or eligible student
      may follow if they wish to formally object to the destruction of the records in question.

d.   Upon request of the parent or eligible student, the district will destroy such
      personally identifiable information provided that the district may maintain a
      permanent record without time limitation of the student’s name, address and phone
      number, grades, attendance records, classes attended, grade level completed and
      year completed.

e.   The district will not destroy any education records if there is an outstanding request
       to inspect and review the records.

4.   Referral to and Action by Law Enforcement and Judicial Authorities

a.   The district may disclose personally identifiable information or other information
      allowed to be disclosed under the Family Educational Rights and Privacy Act
      (FERPA) from a student’s education records to courts and state and local juvenile
      justice agencies including, but not limited to, law enforcement agencies when:

(1)   Disclosure relates to these agencies’ ability to serve the needs of a student
        prior to the student’s adjudication under ORS Chapter 419C;

(2)   The person receiving the information certifies, in writing, that he/she will not
        disclose the information to a third party other than another court or juvenile
        justice agency or a person or organization providing direct services to the
        student on behalf of a juvenile justice agency.

b.   If the district reports a crime committed by a student with a disability, the district will
      transmit a copy of the student’s special education and disciplinary records to the
      appropriate authorities for consideration, only if:

(1) The disclosure is with consent of the parent or eligible student; or

(2) The disclosure is permitted under one of the exceptions to consent.

END OF POLICY


Legal Reference(s):

ORS  30.864
ORS 107.154
ORS 326.565
ORS 326.575
ORS 326.580
ORS 339.270
ORS 343.177(3)

OAR 166-400-0010 to -166-400-0065
OAR 581-021-0220 to -0430
OAR 581-022-2260
OAR 581-022-2270

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419 (2012).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational
Rights and Privacy, 34 C.F.R. Part 99 (2017).
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. § 300.501 (2017).