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Special Education

Confidentiality of Student Information

Every effort is made throughout the screening, referral and evaluation process to strictly maintain the confidentiality of student information and protect the students' privacy rights. The student referral process is a strictly confidential process. After a referral and evaluation is conducted, a written record of the evaluation results is generated. This is called an Evaluation Report. This report may include information regarding the student's physical, mental, emotional, and health functioning through testing and assessment, observation of the student, as well as a review of any records made available to RCCS through the student's physician and other providers of services, such as counselors. Moreover, the evaluation report contains "personally identifiable information" of the student. Personally identifiable information includes the child's name, the name of the child's parents or other family member, and a list of characteristics that would make the child's identify easily traceable. Input from parents is also an information source for identification. Roberto Clemente Charter School protects the confidentiality of personally identifiable information by one school official being responsible for ensuring the confidentiality of the records, training being provided to all persons using the information, and maintaining for public inspection a current list of employees' names and positions who have had access to the information. Roberto Clemente will inform parents when this information is no longer needed to provide educational services to a student and will destroy the information at the request of the parent. However, general information, such as the student's name, address, phone number, grades, attendance record, classes attended, and grade level completed may be maintained without time limitation.

Parents of students with disabilities have a number of rights regarding the confidentiality of their child's records. The right to inspect and review any educational records related to their child that are collected, maintained, or used by the school Roberto Clemente Charter School will comply with a request from parents to review the records without unnecessary delay and before any meeting regarding planning for the child's special education program (called an IEP meeting). Parents have the right to an explanation and interpretations of the records, to be provided copies of the records if failure to provide the copies would effectively prevent parents from exercising their right to inspect and review the records, and the right to have a representative inspect and review the records. Upon request, Roberto Clemente Charter School will provide parents with a list of the types and the location of education records collected, maintained, or used by the school. Parents have the right to request amendment on their child's education records that parents believe are inaccurate or misleading, or violate the privacy or other rights of the child. Roberto Clemente Charter School will decide whether to amend the records within a reasonable time of receipt of the parents' request.

If school administrators refuse to amend the records, parents will be notified of the refusal and their right to a hearing. At that time, parents will be given, additional information regarding the hearing procedures and, upon request, Roberto Clemente will provide parents with a records hearing to challenge information in the child's educational files. Parent consent is required before personally identifiable information contained in the child's education records is disclosed to anyone other than officials of Roberto Clemente collecting or using the information for purposes of identification of the child, locating the child and evaluating the child or for any other purpose of making available a free appropriate public education to the child. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility. Additionally, Roberto Clemente Charter School, upon request, discloses records without consent to officials of another school district or charter school in which the child seeks or intends to enroll. When a child reaches age 18, the rights of the parent with regard to confidentiality of personally identifiable information are transferred to the student.

If parents need additional information regarding the Roberto Clemente Charter School's policy on educational records and confidentiality, they should call or write the principal. A parent may file a written complaint alleging that the rights described in this notice were not provided. The complaint should be addressed to: Pennsylvania Department of Education Bureau of Special Education Division of Compliance 333 Market Street Harrisburg, PA 17126-0333 The Department of Education will investigate the matter and issue a report of findings and necessary corrective action within 60 days. The Department will take necessary action to ensure compliance is achieved. Complaints alleging failures of Roberto Clemente Charter School with regard to confidentiality of personally identifiable information may also be filed with: Family Policy Compliance Office U. S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-4605