Chapter 4: Confidentiality

    3301-51-04

    4.1 Policies and Procedures to Examine Records - 3301-51-04(A)

    4.2 Notice to Parents - 3301-51-04(C)

    4.3 Access Rights- 3301-51-04(D)

    4.4 Records on More than One Child - 3301-51-04(F)

    4.5 Lists of Types and Location of Information - 3301-51-04(G)

    4.6 Record of Access - 3301-51-04(E)

    4.7 Fees - 3301-51-04(H)

    • Fees - 3301-51-04(H)

    4.8 Children's Rights - 3301-51-04(P)(1-3)

    4.9 Disciplinary Information - 3301-51-04(Q)

    4.10 Referral to and Action by Law Enforcement and Judicial Authorities and Transmittal of Records - 3301-51-04(R)(1) and (2)

    4.11 Amendment of Records at Parents' Request - 3301-51-04(I)

    4.12 Hearing and Hearing Results - 3301-51-04(J-L)

    4.13 Consent - 3301-51-04(M)

    4.14 Safeguards - 3301-51-04(N)

    4.15 Destruction of Information - 3301-51-04(O)

    4.1 Policies and Procedures to Examine Records

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To ensure that school districts (LEAs) have in place policies and procedures that protect the confidentiality of personal information at collection, storage, disclosure and destruction stages.

    REQUIREMENT

    3301-51-04
    Confidentiality
    (A) Each school district, county board of mental retardation and developmental disabilities (county board of MR/DD), and other educational agency shall adopt and implement written policies and procedures, approved by the Ohio Department of Education, Office for Exceptional Children, that afford parents the opportunity to examine records in accordance with the procedures of 34 C.F.R. 300.610 to 300.628(October 13, 2006) and ensure protection of the confidentiality of any personally identifiable information in regard to the collection, use, storage disclosure, retention, and destruction of that information.


    (B) Definitions
    The following terms are defined as they are used in this rule:

    (1) "Destruction" means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.
    (2) "Education records" means the type of records covered under the definition of education records in 34 C.F.R. Part 99 (July 1, 2005) (the regulations implementing the Family Educational Rights and Privacy Act of 1974, August 1974, 20 U.S.C. 1232g (FERPA)).
    (3) "Participating agency" means any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the Individuals with Disabilities Education Act, as amended and specified in the Individuals with Disabilities Education Improvement Act of 2004, December 2004 (IDEA).

     

    GUIDANCE

    Confidentiality

    Each school district, county board of mental retardation and developmental disabilities (MR/DDs) and other educational agencies must adopt and implement policies and procedures to ensure that children's education records containing personally-identifiable information are collected, used and stored in a manner that protects the confidentiality of the information. All such information is retained and destroyed as dictated by Administrative Code Rule 3301-51-04. Each entity must give notice to fully inform parents regarding what material is maintained, used and destroyed. (See Confidentiality - 4.15 Destruction of Records) The policies and procedures must give parents the opportunity to examine their children's education records.

     

    4.2 Notice to Parents

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To make sure that school districts, county boards of DD and other educational agencies give notice that is adequate to fully inform parents:

    1. Of the information pertaining to their children that is collected, used, maintained or destroyed by the school district under the provisions of IDEA; and
    2. Of their rights to access their children's education records.

    Timelines:

    None are specified.

    REQUIREMENT

    3301-51-04
    (C) Notice to parents
    (1) The school district, county board of MR/DD, and other educational agency must give notice that is adequate to fully inform parents about the requirements to ensure that the school district, county board of MR/DD, and other educational agency comply with this rule related to protecting the confidentiality of any personally identifiable information collected, used, or maintained under Part B of the IDEA. The notice shall include:

    (a) A description of the extent that the notice is given in the native languages of the various population groups in the school district, county, or other area served;
    (b) A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the state intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;
    (c) A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and
    (d) A description of all the rights of parents and children regarding this information, including the rights under FERPA and implementing regulations in 34 C.F.R. Part 99 (July 1, 2005).


    (2) Before any major identification, location, or evaluation activity, the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the school district, county board of MR/DD, or other area served of the activity.

    GUIDANCE

    Notice to parents

    The school district, county board of DD and other educational agencies must give notice that is adequate to fully inform parents and adult students of their rights regarding education records. Notice must be given as directed in (2) of the Requirement preceding. Additionally, notice could be given in a handbook or annual report and posted on the district's Web site. The notice must describe the extent to which the notice is given in the native languages of the various population groups in the school district, county or other area served and must include a summary of the policies and procedures of the district, board or agency regarding the storage, disclosure, retention and destruction of personal information. The notice must include a description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the state intends to use in gathering the information (including the sources from whom information is gathered) and the uses to be made of the information. A description of the rights of parents and children related to the information, including rights under FERPA, must be included in the notice. The name and phone number of a contact person also should be included, and a statement that this information may be obtained in an alternate format (e.g., braille, large print or audiotape).

    Before the school district conducts child find activities, (See Child Find - 3.2 Responsibilities in Locating Children with Disabilities.) the district must publish or announce the notice using media which must include local newspapers with circulations broad enough to notify parents in the area served and may include radio and television.

     

    4.3 Access Rights

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To provide guidance for school districts (LEAs) in providing parents access to their children's education records that are collected, maintained or used by the school district (LEA).

    Timelines:

    Without unnecessary delay and before any meeting regarding an IEP or any due process hearing or appeal of such hearing or before any resolution session and in no case no more than 45 days after the parents' request to review the files.

    REQUIREMENT

    3301-51-04
    (D) Access rights
    (1) Each participating agency must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under this rule. The agency must comply with a request without unnecessary delay and before any meeting regarding an individualized education program (IEP), or any hearing pursuant to rule 3301-51-05 of the Administrative Code or resolution session pursuant to rule 3301-51-05 of the Administrative Code, and in no case more than forty-five days after the request has been made.
    (2) The right to inspect and review education records under this rule includes:

    (a) The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;
    (b) The right to request that the agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and
    (c) The right to have a representative of the parent inspect and review the records.


    (3) An agency may presume that the parent has the authority to inspect and review records relative to the parent's child unless the agency has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.

     

    GUIDANCE

    Access rights

    Parents have the right to inspect and review their child’s education records. Parents also have the right to have their representative inspect and review their child’s records. If the parents' representative does not accompany the parents, but the parents want the representative to review the files at a later time, the parents should put that permission for in writing.

    If there is a question about whether the parents have the authority to review the records, an agency may presume that the parents have the authority to inspect and review records related to their child unless the agency has been advised that the parents do not have the authority under applicable state law governing such matters as guardianship, separation and divorce.

    If parents request copies of the records, the agency should provide those copies as soon as possible if failure to provide those copies would effectively prevent the parents from exercising the right to inspect and review the records. District policies and procedures must address access rights. If the parents review the records and then request copies, those copies are provided if failure to provide those copies would effectively prevent the parents from exercising the right to inspect and review the records. If there is not sufficient time to make the copies, the district should inform the parents that the copies will be available within 45 days. Parents must be provided access to the requested records before an IEP meeting, before a due process hearing or any appeal of such a hearing or before a due process resolution meeting.

    It is good district practice to have a person who is knowledgeable about children's records to answer any questions parents may have.

     

    4.4 Records on More than One Child

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To ensure that school districts (LEAs) provide confidentiality when education records include information on more than one child.

    REQUIREMENT

    3301-51-04
    (F) Records on more than one child
    If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.

     

    GUIDANCE

    Records on more than one child

    When parents request education records that contain names or identifiable references to a child or children other than the child of the parents, the school must protect the confidentiality of those children by providing only the information that pertains to the child of the parents who are requesting the information.

     

    4.5 Lists of Types and Location of Information

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To ensure that school districts (LEAs) have available for parents of children with disabilities information on the types and location of all education records that are collected, maintained or stored.

    REQUIREMENT

    3301-51-04
    (G) List of types and locations of information
    Each participating agency must provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.

     

    GUIDANCE

    List of types and locations of information

    The local district must have a list of education records and their locations so those records are available if parents requests them. A checklist of possible records such as discipline, attendance, transcript, state testing results, psychological, special results and education may be placed in children’s cumulative files. The records contained in the children’s files may be checked. Since it would be difficult to list all possible records a file might contain, descriptive terms such as those noted may be used.

     

    4.6 Record of Access

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To ensure that school districts (LEAs) maintain written documentation that provides a record of parties who obtain access to children’s education records that have been collected, maintained or used by the school district.

    REQUIREMENT

    3301-51-04
    (E) Record of access
    Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the IDEA (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

    GUIDANCE

    Record of access

    Each participating agency must maintain documentation in each child’s records of persons who have examined the records. except access by the parents or authorized employees of the school district or agency. This documentation may be kept on a Record of Access form that includes the required information: the name of the person reviewing the file, date and purpose. The form may be attached to the inside, left-hand side of the child’s education file so that it would be easily seen and accessed.

    An agency may presume that parents have authority to inspect and review records relating to the parents' child unless the agency has been advised that the parents do not have the authority under applicable state law governing matters such as guardianship, separation and divorce. Parents also have the right to have a representative inspect and review the records. The parents' representative would need to fill out the access form.

     

    4.7 Fees

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To provide guidance for school districts (LEAs) in charging parents a fee for copying records of their child with a disability.

    REQUIREMENT

    3301-51-04
    (H) Fees
    (1) Each participating agency may charge a fee for copies of records that are made for parents under this rule if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

    (2) A participating agency may not charge a fee to search for or to retrieve information under this rule.

    GUIDANCE

    Fees

    The school district has policies and procedures in effect that ensure parents have the right to inspect and review records. These policies and procedures should include:

    • The establishment of a reasonable fee for copies of requested records (a posting of these fees is advisable), and
    • A requirement to inform parents of the fee at the time of their request for copies of records

     

    4.8 Children's Rights

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To ensure that a child, upon the age of majority (age 18) receives the right to privacy of their education records in accordance with the requirements under IDEA.

    REQUIREMENT

    3301-51-04
    (P) Children's rights
    (1) The school district, county board of MR/DD, and other educational agency must have in effect policies and procedures regarding the extent to which children are afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the child and type or severity of disability.

    (2) Under the regulations for FERPA in 34 C.F.R. 99.5(a) (July 1, 2005), the rights of parents regarding education records are transferred to the child at age eighteen.

    (3) If the rights accorded to parents under Part B of the IDEA are transferred to a child who reaches the age of majority, consistent with rule 3301-51-05 of the Administrative Code, the rights regarding education records under this rule must also be transferred to the child. However, the school district must provide any notice required under rule 3301-51-05 of the Administrative Code to the children and the parents.

    3301-51-05
    (D) Transfer of parental rights at age of majority.
    (1) When a child with a disability reaches the age of majority under Ohio law (eighteen years of age) that applies to all children (except for a child with a disability who has been determined to be incompetent under Ohio law):

    (a) The school district of residence must provide the notice required by this rule to both the child and the parents;
    (b) All rights accorded to parents under Part B of the IDEA and Chapter 3323. of the Revised Code transfer to the child: and
    (c) All rights accorded to parents under Part B of the IDEA and Chapter 3323. of the Revised Code transfer to children who are incarcerated in an adult or juvenile, state or local correctional institution.


    (2) When a child with a disability (except for a child with a disability who has been determined to be incompetent under Ohio law) reaches eighteen years of age, the school district of residence must notify the child and the parents of the transfer of rights. (Note: By the child's 17th birthday the school district must inform the child of their rights and the transfer of those rights that will take place on the child's 18th birthday.)

    GUIDANCE

     

    Children's rights

    School districts, county boards of MR/DD and other educational agencies must have in effect policies and procedures regarding the extent to which children are afforded the rights of privacy similar to those afforded to parents, taking into consideration the age of the child and the type or severity of disability. This is not limited to 18-year-olds. When a child turns 17, parents, the child and the other members of the IEP team must meet to discuss the meaning of the transfer of rights from the parents to the child upon the child turning 18, the age of majority. An exception applies only if the court finds the child is incompetent as discussed in Rule 3301-51-05 (D) as noted above.

    When rights are transferred to the child at age 18, both the parents and child must be provided any notifications required under Rule 3301-51-05.

     

    4.9 Disciplinary Information

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To provide guidance to school districts (LEAs) regarding the transmittal of records, including disciplinary actions, for a child with a disability.

    REQUIREMENT

    3301-51-04
    (Q) Disciplinary information
    (1) A school district, county board of MR/DD, and other educational agency shall include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the child records of nondisabled children.

    (2) When a child transfers from one school, county board of MR/DD, or other educational agency to another, the transmission of any of the child’s records must include both the child’s current IEP and any statement of current or previous disciplinary action that has been taken against the child.

    (3) The statement required in paragraphs (Q)(1) and (Q)(2) of this rule:

    (a) Shall specify the circumstances that resulted in the disciplinary action and provide a description of the disciplinary action taken if the disciplinary action was taken because the child:
    (i) Carried a weapon to or possessed a weapon at school, on school premises, or to or at a school function under the jurisdiction of a school district, county board of MR/DD, and other educational agency;
    (ii) Knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a school district, county board of MR/DD, and other educational agency; or
    (iii) Inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a school district, county board of MR/D and other educational agency.
    (b) Shall include any information that is relevant to the safety of the child and other individuals involved with the child; and
    (c) May include a description of any other behavior engaged in by the child that required disciplinary action, and a description of the disciplinary action taken.

     

    GUIDANCE

    Disciplinary information

    Each school district, county board of DD and other educational agency shall keep an accurate and correct record of any current or previous disciplinary action that has been taken against a child with a disability, just as it would for any child without a disability.

    When a child with a disability moves to another school, county board of DD, education agency or judicial institution, information regarding code of conduct violations must be transmitted with the child's current IEP and education records, to the same extent disciplinary information is transmitted for a child without a disability.

    The transmission of the child's records must include a statement specifying the specific circumstances that resulted in the disciplinary action and a description of the disciplinary action taken because the child:

    • carried or possessed a weapon at school, on school premises or at school functions;
    • knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, while at school, on school premises or at school functions; or
    • inflicted any serious bodily injury upon another person at school, on school premises or at school functions.

    Full disclosure of disciplinary actions is important for the safety of the child and others. A description of any additional behaviors the child engaged in that required disciplinary action, including a description of the disciplinary action taken, will be helpful when analyzing behavior and subsequent responses to disciplinary intervention. (See Discipline - 8.4 Special Circumstances: Removals Involving Drugs, Weapons, or Serious Bodily Injury)

     

    4.10 Referral to and Action by Law Enforcement and Judicial Authorities and Transmittal of Records

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To provide guidance to school districts (LEAs) on what can be reported and what records that can be submitted when a child with a disability commits a state or federal crime.

    REQUIREMENT

    3301-51-04
    (R) Referral to and action by law enforcement and judicial authorities
    (1) Rule of construction
    Nothing in this rule prohibits a school district, county board of MR/DD, and other educational agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a child with a disability.

    (2) Transmittal of records

    (a) A school district, county board of MR/DD, and other educational agency reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime (to the extent allowed by law).
    (b) A school district, county board of MR/DD, and other educational agency reporting a crime under this rule shall transmit copies of the child's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act of 1974, August 1974, 20 U.S.C. 1232g (FERPA).

    GUIDANCE

    Referral to and action by law enforcement and judicial authorities and transmittal of records

    If a child with a disability commits a crime, the school district, county board of MR/DD and other educational agency is authorized to report the crime to the authorities. Also, the entity reporting the crime must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the authorities to whom the crime is reported (to the extent allowed by law). A school district representative familiar with the child and situation, usually the building principal, should make certain that the appropriate records are provided to the authorities to the extent allowed by law. This person should be available to the authorities and the judicial system. If the child is sent to an Ohio Department of Youth Services facility (DYS) or to adult corrections, the child’s home school should make certain that the child’s IEP and disciplinary records are provided to the DYS facility in a prompt manner so the child’s continuing education is based on those records. If the child is sent to a city or county jail or to a detention center not affiliated with DYS or adult corrections, then the district must secure the parents' consent to provide education records to the facility unless the facility is defined as an elementary or secondary school per Ohio Revised Code.

     

    4.11 Amendment of Records at Parents' Request

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To ensure that school districts (LEAs) have a process in place for parental requests to amend the education records of their child with a disability.

    REQUIREMENT

    3301-51-04
    (I) Amendment of records at parent’s request
    (1) A parent who believes that information in the education records collected, maintained, or used under this rule is inaccurate or misleading or violates the privacy or other rights of the child may request the participating agency that maintains the information to amend the information.

    (2) The agency must decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

    (3) If the agency decides to refuse to amend the information in accordance with the request, it must inform the parent of the refusal and advise the parent of the right to a hearing under this rule.

    GUIDANCE

    Amendment of records at parents' request

    Parents are aware through receipt of the Procedural Safeguards Notice, Whose IDEA Is This?, that they may request the agency to amend information in their child's education records if they feel that some information is misleading or inaccurate. The parents, either orally or in writing, describe the changes they are requesting. The agency representative reviews the request and the records to determine whether the amendment should be made. The district should notify the parents of its decision and the reasons for the decision as soon as possible after the request is received. If the decision is not to amend, the educational agency informs the parents that they have a right to a hearing to resolve the issue, and the LEA should either explain the hearing process verbally or provide written information about it. In addition, the district should provide the parents with the name and number of a contact person to request a hearing. (See Confidentiality - 4.12 Hearing and Hearing Results) Note: This hearing is different than a due process hearing and is conduced by the LEA and not ODE.

     

    4.12 Hearing and Hearing Results

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To ensure that a hearing process is in place for parents of a child with a disability who believe the information contained in the child’s education records is misleading, inaccurate or a violation of privacy or other rights of the child.

    REQUIREMENT

    3301-51-04
    (J) Opportunity for a Hearing
    The agency must, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.
    (L) Hearing procedures
    A hearing held under this rule must be conducted according to the procedures in 34 C.F.R. 99.22 (July 1, 2005). The records hearing shall be held within a reasonable period of time after the school district, county board of MR/DD or other educational agency has received the request.
    (1) The parents shall be given notice of the date, time, and place reasonably in advance of the hearing;
    (2) The records hearing shall be conducted by any individual, including an official of the school district, county board of MR/DD, or other educational agency who does not have a direct interest in the outcome of the hearing;
    (3) The parents shall be afforded a full and fair opportunity to present evidence relevant to the child’s education records and the information the parent believes is inaccurate or misleading or violates the privacy or other rights of the child.
    (4) The parents may, at their own expense, be assisted or represented by one or more individuals of their choice, including an attorney;
    (5) The school district, county board of MR/DD or other educational agency shall make its decision in writing within a reasonable period of time after the hearing.
    (6) The decision of the school district, county board of MR/DD or other educational agency shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

    (K) Results of hearing
    (1) If, as a result of the hearing, the 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 so inform the parent in writing.

    (2) If, as a result of the hearing, the agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must inform the parent of the parent’s right to place in the records the agency maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.

    (3) Any explanation placed in the records of the child under this rule must:

    (a) Be maintained by the agency as part of the records of the child as long as the record or contested portion is maintained by the agency; and
    (b) If the records of the child or the contested portion is disclosed by the agency to any party, the explanation must also be disclosed to the party.

    GUIDANCE

    Hearing

    • When parents request a records hearing, the district may mutually agree on the date, time and location for the hearing with the parents or may set the date, time and location for the hearing and provide notice to the parents. A district representative or other person who does not have a direct interest in the outcome is appointed to conduct the hearing and make a ruling. The parents are notified of the date, time and location of the hearing. They are invited to present evidence relevant to the child’s record and any other information that the parents believe is erroneous or misleading or violates the child’s privacy or other rights. The parents are also advised that they, at their own expense, may also be assisted by or represented by one or more individuals of their choosing, including an attorney.

    Hearing procedures

    • At the meeting, the parents are given a full and fair opportunity to present the evidence they believe supports their contention that the content of their child’s education records is inaccurate or misleading or violates the rights of the child.

    Hearing results

    • After the meeting and within a reasonable period of time (usually within two weeks), the agency makes its decision in writing. The agency notifies the parents of the decision and provides a summary of the evidence and rationale for the decision. If the decision is that the record is inaccurate or misleading or violates the privacy or other rights of the child, the information is amended and parents are notified in writing. If the decision is that the record is accurate or not misleading or not otherwise in violation of the privacy or other rights of the child, the parents are informed that they have the right to place in the record a statement commenting on the information or setting forth their reasons for disagreement with the agency’s decision. This parents' statement becomes part of the child’s record for as long as the agency maintains the record. If the child’s record is disclosed to any party, the explanation must also be disclosed to the party.

     

    4.13 Consent

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To provide guidance to school districts (LEAs) on what is required when releasing the education and disciplinary records of a child with a disability.

    REQUIREMENT

    3301-51-04
    (M) Consent
    (1) Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with this rule, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 C.F.R. Part 99 (July 1, 2005).

    The parent's consent must be in writing, signed, and dated and must:

    (a) Specify the records to be disclosed;
    (b) State the purpose of the disclosure; and
    (c) Identify the party or class of parties to whom the disclosure may be made.

    (2) Except as provided in paragraphs (M)(2)(a) and (M)(2)(b) of this rule, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this rule and 34 C.F.R. Part 300 (October 13, 2006).

    (a) Parental consent, or the consent of an eligible child who has reached the age of majority under Ohio law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with rule 3301-51-07 of the Administrative Code;
    (b)If a child is enrolled, or is going to enroll in a nonpublic school that is not located in the school district of the parent's residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the school district where the nonpublic school is located and officials in the school district of the parent's residence.

    GUIDANCE

    Consent

    With a few exceptions, parental (or adult child) consent is required before the educational agency discloses personal information to anyone, including:

    • Parties other than participating agencies;
    • Private schools in which a child is placed by parents unless the disclosure is authorized under FERPA;
    • The school district in which the private school is located when the district is other than the one in which the parents reside; or
    • Officials of participating agencies providing or paying for transition services.

    A school district may transfer a child's education records to another school district, MR/DD or other educational agency within the state of Ohio without parental consent. Parental consent must be obtained before transferring a child's records to an educational agency in another state.

     

    4.14 Safeguards

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To establish policies and procedures to protect the confidentiality of personally identifiable information.

    REQUIREMENT

    3301-51-04
    (N) Safeguards
    (1) Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

    (2) One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information.

    (3) All persons collecting or using personally identifiable information must receive training or instruction regarding the policies and procedures of the school district, county board of MR/DD, and other educational agency under 34 C.F.R. Part 99 (July 1, 2005).

    (4) Each participating agency must maintain for public inspection a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

    GUIDANCE

    Safeguards

    Policies and procedures are developed and approved by the Ohio Department of Education to assure protection during each stage of collection, storage, disclosure and destruction of personally identifiable information. The educational agency must designate one person to be responsible fpr ensuring that any personally identifiable information is and remains confidential. That person also should be responsible for ensuring the availability of a current list of the names and positions of all employees who may have access to personally identifiable information. This information is available to the public and to staff requesting the information.

     

    4.15 Destruction of Information

    State Performance Plan (SPP):

    (See Overview in the Introduction for more information on the SPP.)

    Intent:

    To provide guidance to school districts (LEAs) on the appropriate manner in which personally identifiable information shall be destroyed or maintained.

    REQUIREMENT

    3301-51-04
    (O) Destruction of information
    (1) The public agency must inform parents when personally identifiable information collected, maintained, or used under this rule is no longer needed to provide educational services to the child.

    (2) The information must be destroyed at the request of the parents. However, a permanent record of a student’s name, address, telephone number, grades, attendance record, classes attended, grade level completed, and year completed shall be maintained without time limitation.

     

    GUIDANCE

    Destruction of information

    The public agency must inform parents when personally identifiable information that has been collected, maintained or used under this rule is no longer needed to provide educational services to the child. When notified by a public agency that the personally identifiable information collected, maintained, or used under this rule is no longer needed to provide educational services to their child, parents may request that the personally identifiable information be destroyed, and the agency must comply. However, the agency must maintain a permanent record of the child’s name, address, telephone number, grades, attendance record, classes attended, grade level completed and year completed (if applicable).

    Records that include personally identifiable information about a child (e.g., the IEP, the evaluation team report (ETR), results of standardized tests) should be maintained for several years after graduation. If a child moves before graduation, the agency should keep those records until the child may have graduated.

    A year before a district plans to destroy records, the district should notify the parents and the child that the child’s records (e.g., the IEP, the evaluation team report (ETR), results of standardized tests) are about to be destroyed, except for those kept as a permanent record (see list in preceeding requirements). Some parents or children may want the last IEP and ETR, as a record and proof of disability, for Social Security purposes. At times, parents or children request the IEP and the ETR several years after the children have graduated. For that reason, ODE/OEC suggests that a child's last IEP and ETR be kept indefinitely. Destruction of records follows the administrative guidelines of the public agency.

     

Last Modified: 7/10/2013 11:21:28 AM