ST. LOUIS BOARD OF EDUCATION REGULATION
STUDENTS
ELEMENTARY, MIDDLE AND SECONDARY
Progress

Student Records -- Procedures for Access to Student Records -- Special Education Student Records
According to Board of Education Policy P5125, the St. Louis Public School District shall manage special education records and personally identifiable information pertaining to its students with disabilities in a manner consistent with parental and student rights and procedural safeguards. This includes the following information and records:
(a) disabled students census information;
(b) educational records and anecdotal reports;
(c) psychological-educational evaluation reports and diagnostic summaries;
(d) individual educational program plans (IEPs).
A. Disabled Student Census Information
Under the direction of the superintendent, the executive director of special education shall notify the district's parents/legal guardians of disabled students before the annual census of disabled students. This notification shall apprise the parents/legal guardians of the district's responsibility for conducting the census and the information to be obtained. This prior notification shall be provided annually and shall appear through local print and broadcast media as specified in the state's compliance plan (State Plan for Part B of the Individuals with Disabilities Education Act As Amended by Public Law 105-17).
B. Access to Student Records
1. The building administrator of each location in which special education student records are stored shall ensure that an access list is posted where the records are stored. The access list must indicate district personnel (by position) authorized by the executive director of special education to have access to such records.
2. Parents/legal guardians of students with disabilities have the right to review and inspect educational records of their children. Also, they have the right to request and receive copies of such records and interpretations and explanations thereof.
However, district administrators may not allow a particular parent access to the student’s records if the district has been notified that the parent/legal guardian does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.
3. Written parental consent or consent from the emancipated student must be obtained before personally identifiable data on a disabled student is:
a. disclosed to anyone other than officials of the public school districts in which the student is enrolled or plans to enroll;
b. used for other than educational purposes specified in the Individuals with Disabilities Education Act or regulations pursuant thereto;
c. sought directly from the student for the purpose of initial formal evaluation.
d. disclosed to the student's parent(s)/legal guardian(s) once the student reaches the age of eighteen (18), provided the student is his/her own legal guardian.
4. Parental consent is not required to disclose personally identifiable information to:
(a) officials of state and federal education agencies in conjunction with program audits or evaluations and others as listed in Section 99.31 of P.L. 90-247;
(b) authorized district personnel;
(c) another public school district in which the disabled student is enrolled or intends to enroll.
5. The district shall maintain a record of access and disclosure of information for each disabledstudent. The record of access and disclosure shall be kept in the student's cumulative special education files (both at the office of special education and in the schools). The record shall list the names of external persons and agencies who have obtained duly authorized access to and disclosure of the information.
C. Request for Amendment of Records
Parent(s)/Legal Guardian(s) of disabledstudents have the right to request amendments to data compiled by the district on their children if they believe such data is inaccurate, misleading, or violates the privacy or other rights of the student.
School officials shall notify parent(s)/legal guardian(s) that they have a right to request amendments to data compiled by the district is inaccurate, misleading, or violates the privacy or other rights of the student.
School officials shall respond within 45 days to parental/legal guardian requests regarding amending such data. If the district denies the requested amendments, the parents/legal guardians shall be afforded due process as specified in the state's compliance plan under the supervision of the executive director of special education.
D. Destruction of Data
The district shall observe procedural safeguards regarding the destruction and retention of personally identifiable information no longer necessary to provide educational services to disabledstudents. These procedural safeguards are as follows:
1. The district shall inform parents/legal guardians when the information collected and maintained is deemed no longer necessary.
2. The district shall destroy information at the written request of the parents/legal guardians. However, a permanent record containing the student's name, address, phone number, grades, attendance,. classes attended, grade level completed, and year completed may be retained indefinitely.
E. Student Rights at Age of Majority
"All rights indicated herein with regard-to parents/legal guardians and studentsshall pass to the studentupon reaching age eighteen (18), except in the case of a student with a disabilitywho is legally determined to be incompetent to make such decisions for himself/herself and for whom legal guardianship is required beyond the age of eighteen (18). In those instances, the legally established guardian or conservator shall maintain the rights to privacy as outlined in this section." (State Plan for Part B of the Individuals with Disabilities Education Act As Amended by Public Law 94-142, p. 23).
References

Legal: P.L. 90-247, The Family Educational Rights and Privacy Act of 1974
Sections 610.010 and 610.021 RSMo.
P.L. 94-142
P.L. 105-17 and Regulations
State Plan for Part B of the Individuals with Disabilities Education Act As Amended by Public Law 94-142
Annual Compliance Plan for Special Education

Regulation approved: June 26, 1990

Revised: December 07, 1999