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1342.12 Companion
July 12, 2017
Page 25
often called upon to provide information concerning the student. The school determines when
this data should be included in the student’s educational file. If the parent believes the
information should be included or excluded, or a change should be made in the interest of
clarity, the parent may request the school to include the information in the student’s record or
make the necessary change.
Parents have the right to confidentiality of personally identifiable information contained in their
student’s confidential education records. Accordingly, the school must provide written notice to the
parent and obtain parental consent for the release of relevant information outside the DoD, unless
release is otherwise authorized because of a government-wide DoD or DoDEA routine use exemption,
such as a law enforcement officer investigating a crime. These exemptions are published at
http://dpcld.defense.gov/Privacy/SORNsIndex/Blanket-Routine-Uses/ ,parental consent must be
obtained before disclosure of student record information to anyone other than a DoD agency, servicing
Military Educational Developmental Intervention Services (EDIS) or medical officials. A record is
maintained in the confidential special education record file that identifies personnel who access each
student’s file. When in doubt about whether records can be accessed by third parties (i.e., by personnel
other than the student or the parent) or what can be disclosed from the file, seek guidance from DoDEA
General Counsel.
Confidential Files
Documents pertaining to special education
programs include:
1.
Pre-referral and referral forms and
documentation;
2.
IEPs;
3.
CSC reports and minutes;
4.
Assessment plans, evaluation reports,
and summaries;
5.
Eligibility determinations;
6.
Correspondence with parents
(including invitations to meetings and
permission for assessments);
7.
File access records; and
8.
Cross-reference locator information.