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Safeguards & Confidentiality

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Guardian Rights

 

Legacy Schools ensures that the educational records of all children referred for evaluation and/or identified as disabled will be maintained in a limited access location, retrieved, and utilized in a manner that will insure confidentiality and privacy rights.

 

Guardian consent must be obtained before personally identifiable information is disclosed to anyone other than the officials of federal, state, or local educational agencies collecting or using information in conjunction with the child's special education program. 

 

Guardian consent is not required as a condition of disclosure of records to: 

  • Educational employees who have a legitimate interest
    (such as LEA, personnel that have evaluation consent, etc.)

  • Educational employees of other schools, school systems, or other state agencies to which the child has enrolled.

  • Authorized state or federal officials in conjunction with monitoring

  • Authorities in response to a judicial order or pursuant to a legal subpoena.

  • Appropriate parties in connection with an emergency.

  • Law enforcement and judicial authorities when the child has committed a crime.

 

A permanent education record that contains the scholar's name, address, telephone number, their grades, record of attendance, for special education services, classes attended, grade level completed, and year completed may be maintained without a time limitation.  At the end of the five-year retention period, the education agency must provide written notice to guardians to inform them that the special education records are no longer needed.  The educational agency is not prohibited from retaining special education records indefinitely as long as confidentiality is ensured.  Confidentiality of the information to be destroyed must be maintained.

 

The educational agency must maintain for inspection a current listing of the names and postings of those employees within the agency who have access to the scholar’s personally identifiable information. 

 

Guardian Inspection of Records

 

Guardian(s) may inspect and review all educational records relating to identification, evaluation, and educational placement for their child.  All guardian requests must be honored without necessary delay (within forty-five days) and before any meeting regarding MTSS pull-out instruction, a school referral for special education services, an IEP meeting, a manifestation meeting, or before a due process hearing is conducted.   The guardian(s) must be provided with explanations and interpretations regarding their child's records.  Failure to provide the guardian(s) copies of their scholar’s records  would effectively deny the guardians their right to access. 

 

When a record contains information on more than one child, the non custodial scholar(s) information must be omitted from all documents.  

 

The educational agency may presume that the guardian(s) have the authority to review the records unless the agency has been advised that authority has been removed unless laws governing guardianship, separation, and divorce. 

 

A guardian who believes that their scholar's special education records are inaccurate may request a meeting with the LEA to review the accuracy prior to the educational agency amending any record.  The guardian has to be contacted within 15 days of receipt of request.  The agency has 45 days to hold a meeting for the request. 

 

If the educational agency decides to amend the records in accordance with the request, the guardian must be notified in writing of the decision. 

 

If the educational agency decides not to amend the records, written notices must be provided to the guardian.  The notice must advise the guardian of their right to a local hearing before the educational agency within fifteen calendar days from receipt of request. 

 

If, as a result of the hearing, the educational agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must amend the information accordingly and inform the parent in writing. 

 

If, as a result of the hearing, the educational agency decides that the information should not be amended, the educational agency must inform the parent of the right to place in the records a statement commenting on the information or setting forth reasons for disagreeing with the decision. 

 

If the records on the contested portion are disclosed by the education agency to any party, then the explanation must also be disclosed. 

 

The hearing must be conducted according to the procedures in the Family Educational Rights Privacy Act. (34 CFR 99.22) 

 

The educational agency must retain a copy of the education records containing personally identifiable information for a period of 5 years after the termination of the special education program for which they were used. 

 

Transfer of Scholar Records

 

Upon request from the guardian(s), or authorized school district, Legacy schools will securely transfer a copy of all special education records no later than thirty calendar days from receipt of request.

 

Guardian consent is not required as a condition for a transfer of special education records from one educational agency to another.  

 

Manifestation 

A manifestation determination review (MDR) is a collaborative process that schools use to determine if a student's behavior is linked to their disability. The process is required when a student's placement is changed due to a violation of the student code of conduct. The MDR involves a review of relevant information and a discussion to answer two questions: 

  • Was the behavior caused by, or directly related to, the student's disability? 

  • Was the behavior a direct result of the school's failure to implement the student's IEP? 

The MDR is mandated by the Individuals with Disabilities Education Act (IDEA). The process is designed to:

  • Examine the relationship between the student's disability and their behavior

  • Determine if the student's needs were met by the school

  • Develop a course of action

  • Adjust provided services if necessary 

During the MDR, the 504 Team will:

  • Gather relevant documents and information about the student's disability and/or behavior

  • Review documentation related to the disciplined conduct

  • Have a medical provider provide pertinent medical documentation

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