Students being served through special education are guaranteed the right to privacy by law.
FERPA (Family Education Rights and Privacy Act) defines educational records and mandates that these records be kept confidential. This statute also:
Requires parental consent for release of records
Ensures that the records are accessible only to those with an educational need to know
Guarantees the right to privacy to students and parents.
The following are the expectations of the Evadale ISD Department of Special Education regarding confidentiality:
Information about a child or a family member will not be shared with anyone outside of the educational setting.
Any information identifying the student as special education will be kept confidential.
Any information dealing with a child or family will be reviewed or discussed in a respectful and professional manner.
Discussions involving confidential information are to be held in a private location. (e.g., not in hallways, lounges, in front of students, etc.).
No confidential information will be shared with anyone who is not currently directly involved with the child’s education.
Confidential information includes, but is not limited to:
Any information that identifies the student as a child with a disability
Personal information (e.g., parent names, address, contact information)
FERPA - Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school;
To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. For additional information, you may call 1-800-USA-LEARN (1-800-872-5327) (voice). Individuals who use TDD may use the Federal Relay Service. Or you may contact us at the following address:
Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SWWashington, D.C. 20202-852
FAPE - Free Appropriate Public Education
EISD provides a Free and Appropriate Public Education (FAPE) for students with disabilities in order to meet the need for special education and related services. The FAPE must include the alternative placements listed in IDEA Federal Regulations and SBOE and Commissioner Rules. Also, FAPE must be provided in the Least Restrictive Environment (LRE) appropriate for the student with primary consideration given to the general education classroom and curriculum.
No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any district service, program, or activity. 42 U.S.C. 12132; 29 U.S.C. 794(a); 34 C.F.R. 104.4(a)
Free Appropriate Public Education (FAPE)
Eligible students with disabilities shall enjoy the right to a free and appropriate public education, which may include instruction in the regular classroom, instruction through special teaching, or instruction through approved contracts. Instruction shall be supplemented by the provision of related services when appropriate. Education Code 29.003(s)
“Free appropriate public education” (FAPE) means special education and related services that:
Have been provided at public expense, under public supervision and direction, and without charge;
Meet standards set out by TEA;
Include and appropriate preschool, elementary school, or secondary school education; and
Are provided in conformity with the student's individualized education program (IEP). 20 U.S.C. 1401 (9); 34 C.F.R. 300.13,.17,.36
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