Record of Access ( Dixie R. Galvez) ( 16085E Lancashire Dr. U.S.A ( Dixiergalvez@gmail.com)

 

Record Of Access:

34 CFR Section 300.614

Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under PART B of the IDEA, ( except access by parents and authorized employees of the participating agency), Including the name of the party, The date access was given, and the purpose for which the party is authorized to use the records.

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Records On More Than One Child:

34 CFR Section 300.615:

If any education records includes information on more than one student, the parents of those students have the right to inspect and review only the information relating to their child or to be informed of that specific information.

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Consent For Disclose Of Personally Identifiable:

34 CFR Section 300.622

Unless the information is contained in education records, and the disclosure is authorized without parental consent under FERPA, Your consent must be obtained before personally identifiable information is disclosed to parties other than officials or participating agencies. Except under the circumstances specified below, Your consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of PART B of the IDEA.

Your consent, or consent of an eligible student who has reached the age of majority under state Law, Must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.

If your child is in, or is going to go to, a private school that is not located in the same school district you reside in, Your consent must be obtained before any personally identifiable information about your child is released between officials in the school district where the private school is located and officials in the school district where you reside.

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Safeguards:

34 CFR Section 300.623

Each participating agency must protect the confidentiality of personally identifiable information at Collection, Storage, Disclosure,  and destruction stages. One officials  at each participating agency must assume responsibility for ensuring the confidentiality of any  personally identifiable information. All persons collecting or using personally identifiable information must receive training or instruction regarding our state policies and procedures regarding confidentiality under PART B of the IDEA and the FERPA. Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

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Destruction Of Information:

34 CFR section 300.624

Your school district must inform you when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to your child.

The information must be destroyed at your request. However, a permanent record of your child  name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

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Children´s Rights:

34 CFR Section 300.625

Under the regulation for FERPA in 34 CFR 99.5 (a), your rights regarding education records are transferred to your child at age 18.

If the rights accorded to you under IDEA are transferred to your child who reaches the age of majority, consistent with 34 CFR section 300.520, The rights regarding educational records also are transferred to your child. However, the school district must provide any notice required under Section 615 of the act or Florida State Board of Education Rules 6A-6.03011 through 6A-6.0361, Florida Administrative Code (F.A.C), to you and the student.

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Mediation:

General Information

34 CFR Section 300.506

The school district must make mediation available to allow you and the school district to resolve disagreements involving any matter under PART B of the IDEA, Including matters arising prior to the filing of a due process complaint. Thus mediation is available to resolve disputes under PART B of the IDEA, Whether or not you have filed a due process complaint to request a due process hearing as described under the heading Filing a Due Process Hearing Request.

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Requirements:

The procedures must ensure that the mediation process:

1.) Is voluntary on your part and the school district part;

2.) Is not used to deny or delay your right to a due process hearing, or to deny any other rights you have under PART B of the IDEA; and 

3.) Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

The school district may develop procedures that offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to you, with a disinterested party:

1.) Who is under contract  with an appropriate alternative dispute resolution entity, or a parent training and information center, or community parent resource center in the state; and

2.) Who would explain the benefits and encourage the use of the mediation process to you.

The state must have a list of people who are qualified mediators and know the laws and regulations relating to the provision of special education and related services. The Department must select mediators on a random,  Rotational, or other impartial basis.

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The state is responsible for the cost of the mediation process, Including the costs of meetings. Each meeting in the mediation process must be scheduled in a timely manner and held at a place that is convenient for you and the school district may be required to sign a confidentiality pledge prior to the commencement of the mediation process.

If you and the school district resolve a dispute through the mediation process, both parties must enter into a legally binding agreement that sets forth the resolution and that:

1.) States that all discussions that happened during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

2.) Is signed by both you and a representative of the school district who has the authority to bind the school district.

A written, signed mediation agreement is enforceable in any state court of competent jurisdiction ( a court that has the authority under state law to hear this type of case) or in a districts court of the United States.

Discussions that happened during the mediation process must be confidential. They cannot be used as evidence in any future due process hearing or civil proceeding of any federal court or state court of a state receiving assistance under PART B of IDEA.

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Impartiality Of Mediator:

The Mediator:

1.) May not be an employee of the Department of Education or any school district or any state agency that receives IDEA funds through the Department of Education; and

2.) Must not have a personal or professional interests that conflicts with the mediator objectivity.

A person who otherwise qualifies as a mediator is not an employee of a school district or state agency solely becuase he or she is paid by the agency or school district to serve as a mediator.

List Types And Locations Of Information

34 CFR Section 300.616

On request, each participating agency must provide you with a list of the types and locations of education records collected, maintained, or used by the agency.

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Fees:

34 CFR Section 300.617

Each participating agency may charge a fee for copies of records that are made for you under PART B of the IDEA, If the fee does not effectively prevent you from exercising your right to inspect and review those records. A participating agency may not charge a fee to search for or to retrieve information under PART B of the IDEA.

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Amendment Of Records At Parents Request:

34 CFR Section 300.618

If you believe that information in the education records regarding your child collected, maintained, or used under PART B of the IDEA is inaccurate, misleading, or violates the privacy or other rights of your child, you may request the participating agency that maintain the information to change the information. The participating agency must decide whether to change the information in accordance with your request within a reasonable period of time of receipt of your requests. If the participating agency refuses to change the information in accordance with your requests, It must inform you of the refusal and advise you of the right to a hearing for this purpose as described under the heading Opportunity for a hearing.

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Opportunity For A Hearing:

34 CFR Section 300.619

The participating agency must, on request, provide you an opportunity for a hearing to challenge information in education records regarding your child to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child.

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Hearing Procedures:

34 CFR Section 300.621

A hearing to challenge information in education records must be conducted according to the procedures for such hearing under the FERPA.

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Result Of Hearing:

34 CFR Section 300.620

If, as a result  of the hearing, the participating agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, It must change the information accordingly and inform you in writing,

If,  as a result of the hearing, the participating agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child, it must inform you of your rights to place in the records that it maintains on your child statement commenting on the information or providing any reasons you disagree with the decision of the participating agency.

Such an explanation placed in the records of your child must:

1.) Be maintain by the participating agency as part of the records of your child as long as the record or contested portion is maintained by the participating agency; and

2.) If the participating agency discloses the records of your child or the challenge portion to any party, the explanation must also be disclosed to that party.