Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 38 - Confidentiality of Information
Section 38-3 - Confidentiality safeguards in the collection, maintenance, and destruction of educational records
Universal Citation: 511 IN Admin Code 38-3
Current through March 20, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
(a) The public agency must do the following:
(1)
Establish, maintain, and implement procedures to protect the confidentiality of
personally identifiable information at the collection, storage, disclosure, and
destruction stages. These procedures must include, but are not limited to,
those described in this rule and the following:
(A) The appointment of one (1) official in
each building or administrative office to be responsible for ensuring
compliance with the confidentiality provisions of this rule.
(B) The provision of training or instruction
for all persons collecting or using personally identifiable information
regarding the following:
(i) The student and
parent procedural safeguards with respect to the provision of a free and
appropriate public education.
(ii)
Confidentiality provisions of this rule and the Family Educational Rights and
Privacy Act,
20
U.S.C 1232 g.
(2) Maintain for public inspection a current
listing of the names and positions of those employees within the public agency
authorized to access personally identifiable information.
(3) Inform the parent or student of legal
age, in writing, when personally identifiable information collected,
maintained, or used is no longer needed to provide educational services to the
student. The information must be destroyed at the request of the parent or
student of legal age in accordance with the public agency's record retention
schedules.
(4) Maintain a student's
educational record for at least three (3) years after the student exits from
the special education program and in accordance with the public agency's record
retention schedules. The public agency must not destroy any educational record
if there is an outstanding request to inspect and review the record.
(b) The public agency may do the following:
(1) Maintain a permanent record,
without time limitation, of the following student information:
(A) Name, address, and telephone
number.
(B) Grades.
(C) Classes attended.
(D) Grade level completed and year
completed.
(E) Attendance
record.
(F) The year the student
exited from school.
(G) High school
transcript that includes the following:
(i)
Attendance records.
(ii) The
student's latest statewide assessment program test results.
(iii) Any secondary or postsecondary
certificates of achievement.
(iv)
Immunization information.
(v) Other
information as determined by the public agency.
(2) Maintain and store a student's
educational record in any manner, provided the following requirements are met:
(A) The manner of maintenance and storage
does not abridge any rights under this rule.
(B) The educational record can be reviewed
and copies made if needed.
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