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MASD SPECIAL EDUCATION
CONFIDENTIALITY OF STUDENT RECORDS


The privacy rights of parents and students are mandated by federal legislation known as the Family Educational Rights and Privacy Act of 1974 (FERPA - C.F.R. Part 99), most recently amended in November 1996, state regulations (Chapter 14-Special Education Services and Programs, Chapter 12-Student Rights and Responsibilities), and district policy.

The different categories of information maintained by the school district are as follows:  educational and health records, personally identifiable information and directory information.  With the exception of school officials, receiving school districts, federal, state or local officials or authorities to whom information is specifically required to be reported or disclosed pursuant to federal or state statute or regulations, educational and health records and personally identifiable information cannot be disclosed or released without parental consent or adult student (a student who is eighteen years of age or older, married or attending an institution of post secondary education) consent.

Information known as directory information can be released without consent.  Directory information means information that would be considered not harmful or an invasion of privacy if disclosed.  This information includes the following:  student's name, address, date and place of birth, courses taken, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received and the most recent previous educational agency or institution attended by the student.  In addition, photographs and/or videos may be used in newspaper articles highlighting various school activities or television coverage of school events.  If you do not wish your child to be photographed or videotaped for these purposes, you must inform the district in writing.

The school, upon request of a parent, shall permit the parent to inspect, review or copy education records relating to an exceptional child of that parent when the record is collected, maintained or used by the school.  There is no fee for copies up to ten pages.  After ten pages, the copying fee is twenty-five cents per page.  The school will comply with the request without unnecessary delay but not exceeding 45 calendar days after the request is received.

Written, parental or adult student request is required for the disclosure of educational and health records and personally identifiable information.  The consent must specify the records that may be disclosed, purpose of the disclosure and identify the party or class of parties to whom the disclosure may be made.  A written record of the disclosure must be maintained by the school district.  Parents or adult students have the right to file complaints concerning alleged failures of the District to comply with the requirements of the Family Educational Rights and Privacy Act of 1974.  Such complaints should be directed to the Health, Educational and Welfare Office, Washington, D.C.

The school will inform the parents of the student when personally identifiable information in the records of the student is no longer relevant to and necessary for the provision of educational services to the student.  A written record of a student's name, address, telephone number, grades, attendance records, classes attended, grade level completed and year completed shall be maintained for at least 100 years beyond the date the student attains the age of 24.  Nothing requires the school to destroy education records except upon written request of the parents to destroy information no longer relevant to and necessary for the provision of educational services to the student.  The school will send written notification to the parents, which shall inform the parents of their right to receive a copy of the material to be destroyed, prior to the destruction of the information.  The school may not destroy education records containing information necessary for the education of a student who is enrolled or has been enrolled in an education program operated by that school.

A parent may request in writing that the student's records be amended because they contain inaccurate or misleading information or because they violate the privacy rights or other rights of the child.  The school may agree to amend within 45 calendar days of receipt of the request.  The school may refuse to amend the information and notify the parent in writing of the right to request and receive a hearing.  The hearing shall be held at a mutually agreed upon time and place within 30 calendar days of the request.  The hearing shall be conducted by a party who does not have a direct interest in the outcome of the hearing.  The party conducting the hearing may be an official of the school.  The parent may be assisted at the hearing, at his/her expense, by persons of his/her choice including legal counsel.  The school shall render a written decision on the issues presented at the hearing and shall render a decision within 30 calendar days after the conclusion of the hearing.

The school will transmit copies of the child's special education and disciplinary records only to the extent that the transmission is permitted by the FERPA (Family Education Right to Privacy Act) (C.F.R. Part 99) when the school reports a crime.



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