The Mountain Brook School
System ensures that the educational records of all children referred for
evaluation and/ or identified as disabled will be stored, retrieved, and
utilized in a manner that will ensure confidentiality and privacy rights.
a. Education agencies must appoint one person to assume the
overall responsibility for ensuring that personally identifiable information
will be safeguarded and confidential.
b. The educational records of all children referred for
evaluation and/ or identified as disabled will be maintained in a limited access
location that will ensure confidentiality.
c. Parents may inspect and review all educational records
relating to identification, evaluation, and educational placement of their
d. Parents must be given the opportunity to review their child’s
records without unnecessary delay (within forty-five days) and before any
meeting regarding an IEP or before a due process hearing is conducted.
e. Parents must be provided copies of their child’s records, when
failure to do so would effectively prevent the parents from exercising their
right to access.
f. Parents must be given explanations and interpretations
regarding their child’s records.
g. Parents may have a representative review their child’s records
under the same access rights afforded to them.
h. The educational agency may presume that the parents have the
authority to review the records unless the agency has been advised that
authority has been removed under laws governing guardianship, separation, and
i. When a record contains information on more that one child, the
parents may review only the data regarding their child.
j. The parents must be provided with a list of the types and
locations of educational records collected, maintained, or used by the agency
pertaining to their child.
k. The educational agency may charge the parents a reasonable fee
for copies of the educational records, but not in an amount that would prevent
them from exercising their right to access the record.
l. The educational agency must maintain for public inspection a
current listing of the names and positions of those employees within the agency
who have access to personally identifiable information.
m. Parental consent must be obtained before personally
identifiable information is disclosed to anyone other than officials of federal,
state, or local educational agencies collecting or using information in
conjunction with the child’s special education program.
n. Parental consent is not required as a condition of disclosure
of records to:
1. Educational employees who have a legitimate interest.
2. Educational employees of other schools, school systems, or
other state agencies to which the child has enrolled.
3. Authorized state or federal officials in conjunction with
4. Authorities in response to a judicial order or pursuant to a
legal subpoena. 5. Appropriate parties in connection
with an emergency.
6. Law enforcement and judicial authorities when the child has
committed a crime.
o. Upon request from the parent, an educational agency must
transfer a copy of all special education records no later than thirty calendar
days from receipt of request.
p. Parental consent is not required as a condition for
a transfer of special education records from one educational agency to another,
however, the parents must be given prior notice of the transfer, receive a copy
of the records (if requested), and have an opportunity for a hearing to
challenge the content of the records.
q. Except when the transfer of records has been initiated by the
parents, the educational agency must make a reasonable attempt to notify the
parents prior to transfer, i.e. written notice to the last known address or by
other notice procedures normally utilized by the education agency.
r. A parent who believes that the special education records are
inaccurate or misleading or violate the privacy or other rights of the child may
request that the educational agency amend the records. (Within 15 days of
receipt of request)
s. If the education agency decides to amend the records in
accordance with the request, the parent must be notified in writing of the
t. If the education agency decides not to amend the records,
written notice must be provided to the parent. The notice must advise the parent
of their right to a local hearing before the educational agency within fifteen
calendar days from receipt of request.
u. 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.
v. If, as a result of the hearing, the education agency decides
that the information should not be amended, the education 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.
w. If the records on the contested portion are disclosed by the
education agency to any party, then the explanation must also be disclosed.
x. The hearing must be conducted according to the procedures in
the Family Educational Rights Privacy Act. (34 CFR 99.22)
y. The education 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.
z. A permanent education record that contains the child’s name,
address, telephone number, his/her 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 parents
that informs 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.