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1342.12 Companion

July 12, 2017

Page 154

Section 1: Definition of Special Education Confidential Record

The special education confidential record is a separate file maintained for each student receiving special

education services. Information contained in the records are documents pertaining to special

education, to include pre-referrals and referral forms and documentation, test protocols, IEPs, CSC

reports and minutes, assessment plans and evaluation reports and summaries of correspondence with

parents (including invitations to meetings and permission for assessments), file access records, cross-

reference location information and, when appropriate samples of student’s work. The record is initiated

and maintained in a secure and confidential manner by the CSC.

A confidential record must be immediately established for each student:

1)

Referred for Special Education Services (including information made available from the SST to

the CSC)

2)

Receiving Special Education Services (including information when a student transfers in -

evaluation reports, eligibility report, IEP, etc.

The school principal is ultimately responsible for the privacy and security of confidential records.

Section 2: Confidentiality Requirements for Special Education Records

Special Education records are confidential records and are to be maintained in a secure

location and separated from records containing routine cumulative school data.

Cumulative records must specify if other educational records are maintained in another

location. All schools must use th

e Records Locator Form .

This form is to be placed in the

cumulative record at the very front.

Access to confidential records is restricted to DoD staff who have a need for the record in the

performance of their assigned duties.

A Record of Access Form

is maintained on the left inside cover of

the confidential file and must be signed by everyone accessing the student confidential file. School staff

having a legitimate need to access the file on multiple occasions throughout the school year will sign the

record of access once annually. All others must sign the record of access each time they review the file.

Section 3: Cumulative School Records

Cumulative records are not to indicate any reference to special education referral and/or services. The

cumulative record should be examined at least annually and any documents containing confidential

information are to be removed and placed in the student’s special education confidential file. Typical

items that should be removed from the cumulative record and placed in the confidential file include:

1)

Comments or references to special education;

2)

Psychological reports or evidence of individual evaluations or reports;

3)

Registration forms which reference special education need; or,

4)

Any document which makes reference to special education, IEP, educational disability, etc.

Section 4: Special Education Records Organization and Content

1)

Special Education Records are labeled with the student’s name and student number.

2)

All information contained in the Special Education Record must be accurate, complete and limited to

information relevant to the special education needs of the student.

Information added to the record

must be dated and include the name, signature and position of the person who is the source of the

information.

3)

Special Education Records are updated as CSC actions occur. Correspondence, forms and documents

generated through CSC actions, are assembled and filed in chronological order from the oldest dated

piece of information on the bottom and building up to the most current information on top.