Okla. Admin. Code § 612:20-3-4

Current through Vol. 42, No. 4, November 1, 2024

Section 612:20-3-4 - Records

(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.

Okla. Admin. Code § 612:20-3-4

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