Indiana Administrative Code
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 September 27, 2023

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.

Indiana State Board of Education; 511 IAC 7-38-3; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

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