12. Student Records

Parents/guardians have a right to inspect and review any of their child’s educational record(s) without unnecessary delay within 5 business days after their request, and before any meeting of an Individualized Education Program (IEP) or hearing related to identification, evaluation or placement of the child.
The right to review includes the right to explanations and interpretations, copies of records if necessary to facilitate review alongside the parent. Representatives must be in the presence of the parent while accessing or reviewing educational records.

12.1  Definition of Student Records 

“Educational Record” means any information recorded in any way, including but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche that is maintained by a school district, maintained by a person acting for a school district, or required to be maintained by an employee in the performance of his or her duties and is directly related to a student (includes name and address of student and family members and personal identifiers, i.e. ID numbers; includes student’s place of birth, maiden name or other info that a reasonable person outside the school community could use to identify the student; includes “biometric records,” i.e. fingerprints, handwriting retina scans, etc.)

TYPE OF RECORDS

Mandatory Permanent Student Records
   (Maintained indefinitely and located in student’s CUM file)

  • Legal name of student
  • Date and place of birth and method of verifying birthdate
  • Gender of student
  • Name and address of parent/guardian
  • Address of minor student if different from above
  • Entrance and departure date of each school year and for any summer session
  • Report Cards
  • Immunization records and/or verification of exemption
  • HS Transcripts and/or date of high school graduation or equivalent

Mandatory Interim Student Records
(As long as student is enrolled, these records are maintained on site. When student is no longer enrolled, records are maintained on site for 3 years)

  • Health information
  • State testing results
  • Cumulative File Access Logs (a log identifying persons or agencies who request or receive information from the student record)
  • Suspension Notices and Expulsion Records (Ed Code 48918 and 49079)
  • Parental restrictions/stipulations in special education programs, including required tests, case studies, authorizations, and evidence of eligibility for special education services and/or results for does not qualify.
  • Parental restrictions/stipulations regarding access to directory information
  • Parent/guardian or adult student rejoinders to challenged records and to disciplinary action
  • Parent/guardian authorization or denial of student participation in specific programs
  • Results of standardized tests administered within the last 3 years
  • Work Permits/Permits to Employ
  • Absence slips and verifications
  • Independent Study evaluations/findings (Ed code 51747 (b))
  • 504 Plan Information (suggested, but not required by law)
  • Language Training Records and Verification of Exemption (English Learners)
  • Progress reports (required by Ed Code 49066 and 49067)
  • Special Education records

Special Education Specific Records
Copies of all IEPs including:

› Signature pages
› Team Action pages
› Progress Reports on Goals
› Behavior Intervention Plans, where applicable
› All assessment reports from initial and triennial evaluations (psycho-educational, speech and language, OT, APE, FBA, Supplemental Support, and any other related service or evaluation)
› Test protocols
› Signed Assessment Plans
› Official Correspondence including Prior Written Notices, written formal requests from parents, etc.
› Completed Threat Assessments (considered discipline records)

Permitted/Disposable Student Records

(As long as student is enrolled, these records are maintained at the school site. Clearly important to current educational process of the student. May be disposed of after 6 months following pupil’s completion of/or withdrawal from the district)