Confidentiality

Confidentiality of educational records is a basic right shared by all students in the district and their parents. These fundamental rights are described in the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended (2011). (SCPG) An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests.

Consent from the parent or adult student is required before education records may be released (34 CFR § 300.622). Some situations which require parental consent include, but are not limited to, the following:

• Sharing information with officials of participating agencies providing or paying for transition services according to an IEP. This consent is documented on the Request to Release or Secure Confidential form.


• Sharing information with private schools if a child is enrolled in a private school receiving special education services from the LRE or the child is going to enroll in a private school. This consent is documented on the Request to Release or Secure Confidential Information form. This form is accessed through the “Add Action” menu in Enrich IEP.


• Accessing reimbursement from Medicaid for special education services. This consent is documented on the Consent for Medicaid Reimbursement form obtained by health services.

• Sharing information with other public school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.


• Sharing information with contractors, consultants, volunteers, or other parties to whom an agency or institution has outsourced institutional services or functions. These parties may be considered school officials under this paragraph provided that the outside party:
  
  
  • Performs an institutional service or function for which the agency or institution would otherwise use employees;
  
  
  • Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and
  
  
  • Is subject to the requirements of § 99.33(a) governing the use and disclosure of personally identifiable information from education records.
  
  
• Sharing information with officials of another public school or school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.

Set Up and Filing of Subsequent Meetings

Case Managers are responsible for setting up and maintaining special education records. Included below is an explanation of this process for both initial placements, and new transfers into the school district. Materials for setting up Special Education Files have been sent to the Contact Teacher at each school location. This information and materials should be distributed to other Case Managers.

Setting up a New File (for students newly identified or new to the district):

• MANILA folder:
  
  
  1. Staple Individual File Access/Release Record inside the LEFT side of the manila folder. Place Court Orders (if applicable) behind File Access/Release Form)
  
  
  2. Staple completed Social and Developmental History inside the RIGHT side of the manila folder (if not available electronically).
  
  
  3. On the tab, legibly write LAST NAME, FIRST NAME, and MIDDLE NAME. Under the name write the student ID number followed by the date of birth.
  
  
  4. Place manila folder inside a RED folder. (For Parentally Placed Private School Students (PPPSS), the manila folder will be placed inside an ORANGE folder.)
  
  
  5. Organize and staple paperwork by event. (Refer to checklists for information related to required paperwork.)
  
  
  6. Event paperwork is placed in the manila folder, within the red file, in order from OLDEST on the bottom to MOST CURRENT on the top.
  
  
  7. Place a rubber band around each individual red “jacket” to keep all paperwork together.
  
  
  8. The new Special Education File will be filed alphabetically in the designated location in the school’s records room within two school days of the event.
  
  

• Original Consent to Evaluate


• Original signed evaluation


• Original Multi-disciplinary Team Report with signatures


• Consent for initial provision of services indicating that the parent did not give permission for the provision of services


• Prior Written Notice

• Checklists for required paperwork by meeting type can be found in the EasyIEP system in the Main Menu documents in the IEP section.


• Meeting paperwork should be placed in the manila folder, within the red file, in order from OLDEST on the bottom to MOST CURRENT on top.


• Paperwork for each meeting should be placed in order, from start to finish (refer to meeting checklists), and STAPLED prior to being placed in the special education file.


• Paperwork must be filed within two school days of the meeting.


• All filed paperwork must be final and original documents.


• Place a rubber band around each individual red “jacket” to keep all papers together.

Transferring and Moving Files for Students with Disabilities