Data Privacy
Confidentiality is a constitutional right in maintaining student information. Each school district employee is expected to adhere to the rules and regulations as defined in the “right to privacy” regulations described in the SPPS document, Student Records and Your Rights.

Some specific guidelines for staff when maintaining records for students with disabilities are:

Education information for each student with a disability should be kept in his or her cumulative folder. Information about the student’s current IEP should be kept in the Current IEP folder section of the cumulative folder. If materials are removed from the cumulative folder, an “out” card must be placed in the cumulative folder identifying who removed the material and where it can be located.

Staff members directly involved with a student such as the IEP team members may review school records and do not have to sign the access log. Other staff members involved with a student may review school records but need to sign the access log and indicate the reason that they are reviewing the record.

When persons other than authorized school staff request to review the student’s IEP and/or cumulative folder, they need to have in their possession a Release of Information form signed by the parent(s) or other written consent from parent. The parent(s) must be then informed of which records have been requested, by whom, and for what reason. The school must keep a record of all such requests. Parents have a right to see the list of persons requesting or receiving information during the past year.

Parents of students with disabilities may obtain copies of records relating to their children’s education. The school may charge a fee for copies of records as long as the fee does not effectively prevent parents from exercising their rights to obtain copies of those records. When a request comes for copies, the district must provide copy(s) within five (5) business days of the request.

The school must provide a child’s divorced, non-custodial parent with the same procedural protections as the child’s custodial parent unless a state court has determined otherwise. As a result, both divorced parents of a disabled child must be notified on IEP issues and must be granted access to relevant records, regardless of who has custody. Further, while in some circumstances it may be possible for an educational institution to rely solely on the approval of an IEP by either parent, both divorced parents must be given the opportunity to participate in the development and approval of the child’s educational placement and services.

The custodial parent will provide documentation to the Principal establishing custodial rights along with any other court orders. SPPS will correspond with both parents for all due process decision making purposes unless otherwise indicated.

The school must respond to a request from parents to have records interpreted by a qualified staff person. In addition, parents may authorize in writing a knowledgeable person of their choice to inspect and review their child’s records.

Parents may want to have information altered or removed from the school record. Parents should explain to the principal why they think the information should be removed or altered. If the principal does not agree to the request, parents may request a hearing.

The IEP may specify that report card grades have been modified. The IEP may indicate that a student will be graded Pass-Fail instead of a grade. The report card must not mention that a student is receiving special education services. Do not label a class as a special education class on the grade report or transcript. For example, a class cannot be listed as “Special Education Math” but it could be listed as “Basic Math” or “Functional Math.” No notation is shown on the report card itself.