Current through Vol. 42, No. 1, September 16, 2024
(a)
Confidential nature of records. School records are considered
confidential and contents are not divulged except for purposes directly related
to the program for the particular child. Information to be safeguarded
includes, but is not limited to, transcripts; reports of medical examinations;
psychological reports; progress reports; correspondence; and other records
covering the condition or circumstances of any person from whom, or about whom,
information is obtained. Also to be safeguarded are records of any evaluations
made by Department staff members.
(1)
Information of an intimate and personal nature about the child or the child's
parents is not discussed orally except in furtherance of the student's program,
and then only to personnel who have responsibility for carrying out that
program. The same principle applies to information disclosed or opinions
expressed at conferences. School records are made available at conferences for
reference purposes.
(2) Access to
school records are subject to the confidentiality procedures of the State
Department of Education.
(b)
Statement of rights. Parents
and eligible students have the following rights under the Family Educational
Rights and Privacy Act and rules of this Subchapter.
(1)
General.
(A) The right to inspect and review the
student's education record.
(B) The
right to exercise a limited control over other people's access to the student's
education record.
(C) The right to
seek to correct the student's education records; in a hearing if
necessary.
(D) The right to report
violations of the FERPA to the U.S. Department of Education.
(E) The right to be informed about FERPA
rights.
(2)
When
student becomes age 18. All rights and protections given parents under
the FERPA and this policy transfer to the student when he or she reaches age 18
or enrolls in a post secondary school. The student then becomes an "eligible
student".
(c)
Records of requests for access and disclosures made from education
records. Oklahoma School for the blind (OSB) and Oklahoma School for the
Deaf (OSD) will maintain an accurate record of all requests for it to disclose
information from or to permit access to a student's education records and of
information it discloses and access it permits with some exceptions listed
below. This record will be kept with, but will not be a part of, each student's
cumulative school records. It will be available only to the record custodian,
the eligible student, the parent of the student, or to federal, state, or local
officials for the purpose of auditing or enforcing federally supported
educational programs.
(1) The record will
include at least:
(A) The name of the person
or agency that made the request.
(B) The interest the person or agency had in
the information.
(C) The date the
person or agency made the request.
(D) Whether the request was granted and, if
it was, the date access was permitted or the disclosure was made.
(2) The district will maintain
this record as long as it maintains the student's education record.
(3) The record will not include requests for
access or access granted to parents of the student or to an eligible student,
request for access or access granted to officials of OSB or OSD who have a
legitimate education interest in the student, requests for or disclosures of
information contained in the student's education record if the request is
accompanied by the prior written consent of a parent of the student or the
eligible student or the disclosure is authorized by such prior consent, or for
requests for, or disclosure of directory information designated for that
student.
(d)
Procedure to inspect education records. Parents of students and
eligible students may inspect and review the student's education records upon
request. In some circumstances, it may be mutually more convenient for the
record custodian to provide copies of records.
(1) Since a student's records may be
maintained in several locations at the school, the school superintendent will
offer to collect copies of records or the records themselves from locations so
they can be inspected at one site. However, if parents and eligible students
wish to inspect records where they are maintained, the school superintendent
will make every effort to accommodate their wishes.
(2) Parents or eligible students should
submit to the school superintendent a written request which identifies as
precisely as possible the record or records he or she wishes to
inspect.
(3) The superintendent,
assistant superintendent, (or other records custodian) will contact the parent
of the student or the eligible student to discuss how access will be best
arranged (copies, at the exact location, or records brought to a single
site).
(4) The superintendent,
assistant superintendent, (or other custodian) will make the needed
arrangements as promptly as possible and notify the parent or eligible student
of the time and place where the records may be inspected. This procedure must
be completed in 45 days or less from the receipt of the request for
access.
(5) If for any valid reason
as working hours, distance between record location sites, or health, a parent
or eligible student cannot personally inspect and review a student's education
record, the school will arrange for the parent or eligible student to obtain
copies of the record. There may be a nominal fee for copies (up to ten cents
per page) plus postage if required. Notification will be given of any fees
prior to copying.
(6) When a record
contains information about students other than a parent's child or the eligible
student, the parent or eligible student may not inspect and review the records
of the other students.
(e)
Locations of education
records. Records, their locations and custodians are:
(1)
Parkview School. Cumulative
school records for current students, including health and special test records,
will be maintained by the School Principal in the School Principal's office.
Cumulative school records for former students will be maintained by the School
Superintendent in the Superintendent's office. Speech therapy records will be
maintained by the Speech Therapist in the Office of Speech Therapy.
(2)
Oklahoma School for the
Deaf. Cumulative school records, transcripts, and Individualized
Education Programs for current students will be maintained by the Assistant
Superintendent in the office of the Assistant Superintendent. Confidential
files including assessment and admissions information for current students, and
cumulative files for former students, will be maintained by the Director of the
Student Assessment Center at the Student Assessment Center. Health records for
current students will be maintained by the Head Nurse in the OSD
Clinic.
(f)
Annual
notification. At the beginning of each school year Parkview School (OSB)
and Oklahoma School for the Deaf (OSD) will send a notice to parents and
eligible students of their rights under the FERPA and this policy. OSB and OSD
will send to parents or eligible students a bulletin listing these rights and
the bulletin will be included with a packet of material provided parents or an
eligible student when the student enrolls during the school year.
(1) The notice will include:
(A) The right of a student's parents and
eligible students to inspect and review the student's education
records.
(B) The intent of OSB and
OSD to limit the disclosure of information contained in a student's records
except:
(i) By the prior written consent of
the student's parent or the eligible student;
(ii) As directory information; or
(iii) Under certain limited circumstances, as
permitted by the FERPA.
(C) The right of a student's parent or an
eligible student to seek to correct parts of the student's education record
which he or she believes to be inaccurate, misleading or in violation of
student rights. This right includes the right to a hearing to present evidence
that the record should be changed if the district decides not to alter it
according to the parent or eligible student's request.
(D) The right of any person to file a
complaint with the U.S. Department of Education, if OSB or OSD violates the
FERPA.
(E) The procedure that a
student's parent or an eligible student should follow to obtain copies of this
policy and the locations where copies may be obtained.
(2) The district will arrange to provide
translations of this notice to non- English speaking parents in their native
language to the extent possible including explanations using sign language if
necessary.
(g)
Access to school records for research purposes. The Commission for
Rehabilitation Services has supervision over all personal property, records,
equipment and supplies used by OSB and OSD. Any records which a researcher may
wish to inspect and copy are in the custody of the Commission. Requests to
examine school records will be processed through the school superintendent's
office and be subject to parental approval.
(h)
Release of medical
information. Medical information contained in a child's case record is
confidential. Employees are not to release medical information except for
purposes directly relating to the program for particular child or except in the
administration of the school's programs. Various units or divisions within the
Department may request medical information regarding persons receiving
services. This medical information may be shared in order to expedite services
for those persons in the administration of our own programs.
(i)
Medical emergency. In the
event of a medical emergency, the superintendent may release to physicians
information from the medical record that has a direct bearing on the medical
emergency. The superintendent will use her or his own judgement as to the
extent of the information releases. The superintendent has the authority to act
in the best interest of the child in an emergency when parents/guardian cannot
be reached.
Added at 10 Ok Reg
4643, eff 9-1-93 (emergency); Added at 11 Ok Reg 2459, eff 7-1-94; Amended at
12 Ok Reg 1509, eff 7-1-95
