Code: IGBAB
Adopted: 7/24/06
Records of Students with Disabilities
In addition to the protection and procedures afforded elsewhere in policy, students with disabilities and their parents have special rights under federal and state law with regard to student education records.
The district will provide for parent inspection (or inspection by the parent’s designee or eligible student) of a student’s education records. If inspection of the records at the place where they are kept, or at any other location in the district, will cause an unreasonable burden on the parent(s), the district will provide the parent(s) a copy of the student’s education records, except that no copy of test protocols, test questions or other documents described in ORS 102.501(4) shall be provided unless authorized by federal law. The district will respond to reasonable requests for explanations and interpretations of the records.
Each school district shall keep confidential any record maintained on a child with a disability. In order to guard against unauthorized access to the records of students with disabilities, the district will maintain a record of each request for access to and each disclosure of personally identifiable information from education records collected, maintained or used under Part B of the Individuals with Disabilities Education Act (IDEA-B), including the name of the party, the date access was given, the purpose for which the party was authorized to use the records and the legitimate interests the parties had in requesting or obtaining the information. This will not apply to access by the parent or eligible student, a school official, a party with written consent from the parent or eligible student or a party seeking directory information. The district will maintain the access record with the student’s education records as long as the records are maintained.
END OF POLICY
Legal Reference(s):
ORS 192.501
ORS 326.565
ORS 326.575
ORS 336.187
ORS 339.155
ORS 339.260
ORS 339.270
OAR 581-015-0055
OAR 581-015-0606
OAR 581-021-0210 to -0440
OAR 581-022-1660
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 - 1427 (2006).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2006); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2006).
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.560 - 300.577 (2006).