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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 Formis 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.