3E - Confidentiality of Information October 2012

Parent Rights to Access Records

In order to comply with federal regulation, Albuquerque Public Schools shall permit a parent to inspect and review any education records relating to the parent’s child that are collected, maintained, or used by Albuquerque Public Schools under Part B of IDEA.

Albuquerque Public Schools shall comply with a parent’s request to inspect and review any education records regarding the parent’s child without unnecessary delay and before any meeting regarding an IEP, resolution meeting or impartial special education due process hearing, and in no case more than forty-five (45) calendar days after the parent has made a request.

A parent’s right to inspect and review education records includes:

• The right to a response from Albuquerque Public Schools to the parent’s reasonable requests for explanations and interpretations of the records;
• The right to request that Albuquerque Public Schools provide copies of the records if the parent cannot effectively inspect and review the records unless the parent receives those copies; and
• The right to have the parent’s representative inspect and review records of the parent’s child.

Albuquerque Public Schools shall presume that the parent has authority to inspect and review records relating to the parent’s child unless advised that the parent does not have the authority under applicable state statute and regulation governing such matters as guardianship, separation, and divorce.

(34 CFR § 300.613)

Albuquerque Public Schools Record of Parties who Access Records

Albuquerque Public Schools shall keep a record of parties, who are not the parent or an authorized district employee, obtaining access to education records collected, maintained, or used under Part B of IDEA including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.  (34 CFR § 300.614)

 

Records Regarding Information on More Than One Child

If any education record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information.  (34 CFR §300.615)

List of Types and Locations of Information

Upon request, Albuquerque Public Schools shall provide a parent with a list of the types and locations of education records collected, maintained, or used by Albuquerque Public Schools.  (34 CFR §300.616)

Fees for Copies of Records

Albuquerque Public Schools may charge a fee for copies of records that are made for the parent under Part B of IDEA, if the fee does not effectively prevent the parent from exercising his or her right to inspect and review those records.

Albuquerque Public Schools shall not charge a fee to search for or to retrieve information under Part B of IDEA.  (34 CFR §300.617)

Amendment of Records at Parent’s Request

If the parent believes that information in the education records regarding the child collected, maintained, or used under Part B of IDEA is inaccurate, misleading, or violates the privacy or other rights of the child, the parent may request that Albuquerque Public Schools amend the record.

Albuquerque Public Schools shall decide whether to amend the record in accordance with the request within a reasonable period of time of receipt of the request.

If Albuquerque Public Schools refuses to amend the record in accordance with the parent’s request, it shall inform the parent of the refusal and advise the parent of his/her right to a hearing as described immediately below in the “Hearings” subsection of this procedural directive.

(34 CFR §300.618)

Hearings

Albuquerque Public Schools shall, on request, provide the parent an opportunity for a hearing to challenge information in education records regarding the parent’s child to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.  (34 CFR § 300.619)

Hearing Procedures

A hearing to challenge information in education records shall be conducted according to the procedures for such hearings under the Family Educational Rights and Privacy Act (FERPA).  (34 CFR §300.621)

Result of Hearing

If, as a result of the hearing, Albuquerque Public Schools decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall amend the record accordingly and inform the parent in writing.

If, as a result of the hearing, Albuquerque Public Schools decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, Albuquerque Public Schools shall inform the parent of his/her right to place in the records that it maintains on the child a statement commenting on the information or providing any reasons the parent disagrees with the decision of Albuquerque Public Schools.

Such an explanation placed in the records of the child shall:

• Be maintained by Albuquerque Public Schools as part of the records of the child as long as the record or contested portion is maintained by Albuquerque Public Schools; and
• If Albuquerque Public Schools discloses the records of the child or the challenged information to any party, the explanation shall also be disclosed to that party.

(34 CFR §300.620)

Parental Consent to Disclosure of Personally Identifiable Information

Unless the disclosure is authorized without parental consent in accordance with the Family Educational Rights and Privacy Act (FERPA), the parent’s consent shall be obtained before personally identifiable information contained in education records is disclosed to parties other than school officials with a legitimate educational interest. The parent’s consent shall not be required before personally identifiable information is released to participating agencies for purposes of meeting a requirement of Part B of IDEA.

Parental consent, or the consent of an eligible child who has reached the age of majority under state statute, shall be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.

If a child is enrolled, or is going to go to enroll in a private school that is not located in the same school district where the child resides, the parent’s consent shall be obtained before any personally identifiable information about the child is released between officials in the school district where the private school is located and officials in the school district where the child resides.

(34 CFR §300.622)

Safeguards to Protect Confidentiality

Albuquerque Public Schools shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction of information stages.

All persons collecting or using personally identifiable information shall receive training or instruction regarding New Mexico’s statutes and regulations and district policies and procedural directives regarding confidentiality under Part B of IDEA and the Family Educational Rights and Privacy Act (FERPA).

Albuquerque Public Schools shall maintain, for public inspection, a current listing of the names and positions of those employees within Albuquerque Public Schools who may have access to personally identifiable information.

(34 CFR § 300.623)

Destruction of Information

Albuquerque Public Schools shall inform the parent when personally identifiable information collected, maintained, or used under Part B of IDEA is no longer needed to provide educational services to the child.  The information shall be destroyed at the parent’s request.  However, a permanent record of the child’s name, address, and phone number, his/her grades, attendance record, classes attended, grade level completed, and year completed shall be maintained without time limitation.  (34 CFR §300.624)

Administrative Position: Chief Academic Officer

Department Director: Executive Director of Special Education

References

Legal Cross Ref.:

• 34 CFR § 300.611
• 34 CFR § 300.32
• 34 CFR § 300.613
• 34 CFR § 300.614
• 34 CFR §300.615
• 34 CFR §300.616
• 34 CFR §300.617
• 34 CFR §300.618
• 34 CFR § 300.619
• 34 CFR §300.620
• 34 CFR §300.621
• 34 CFR §300.622
• 34 CFR § 300.623
• 34 CFR §300.624

Board Policy Cross Ref.:

• II Special Education

Procedural Directive Cross Ref.:

• Special Education - Consent

Forms:

• Notice for Consent to Release Confidential Information (contact Special Education)
• Notice for Consent to Obtain Confidential Information (contact Special Education)

NSBA/NEPN Classification: IHBA

Introduced: April 1, 2011
Reviewed: April 12, 2011
Adopted: April 22, 2011
Reviewed: October 12, 2012
Revised: October 12, 2012

This page was last updated on: April 27, 2011.