4117 Confidentiality and Access to IEP
Adoption Date: 12/2/2002, Revised: 7/12/2012
4000 - Personnel
4117 Confidentiality and Access to IEP *
Regulation Info: 4117R
The Board of Education recognizes the importance of ensuring the confidentiality of personally identifiable information pertaining to a student with a disability. Personally identifiable information includes but is not limited to:
- name and address of student, student’s parent or other family members;
- a personal identifier (e.g., social security number, student number or biometric record);
- other direct identifiers (e.g., student’s date of birth, place of birth, mother’s maiden name), other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances to identify the student with reasonable certainty; or
- information requested by a person who the school district reasonably knows the identity of the student to whom the education record relates.
Personally identifiable information will not be disclosed by any school district employee or member of a Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) to any person (other than the parent of such student), organization, or agency unless the child’s parent/guardian provides written consent, there is a valid court order for such information, or disclosure is permitted by law.
The Board of Education, while acknowledging the confidentiality requirement, believes that in order for each student with disabilities to receive the full benefit of his/her Individualized Education Program (IEP), Individualized Education Services Program (IESP) or Service Plan (SP), individuals responsible for implementing the program or plan must, prior to implementation, fully understand the scope of their responsibility and the specific accommodations, modifications and supports to be provided. To this end, the Board shall provide access to a copy of each student’s IEP, IESP or SP to those persons having both direct contact with such student and a responsibility to provide a service, accommodation or program modification for the student in accordance with that student’s IEP, IESP or SP. Each regular education teacher, special education teacher, related service provider and/or other service providers responsible for implementing a student’s IEP, IESP or SP (e.g., teacher aide, teaching assistant) shall receive access to a copy of the student’s IEP, IESP or SP prior to its implementation by the District.
In addition, each Committee on Special Education Chairperson of the District shall designate a professional with knowledge of a student’s disabilities and program to inform each teacher, assistant, related service provider and support staff person of his or her responsibilities related to implementation of the student’s IEP, as well as the modifications and supports provided under such program. This individual shall obtain the signature of each person covered by this policy indicating that he or she:
- has received either a copy of the student’s IEP, IESP or SP or the opportunity to review the document prior to its implementation as required under state law and regulation;
- has been informed of their responsibilities for implementation;
- has knowledge of where the IEP, IESP or SP is to be maintained; and
- has an understanding of the confidentiality requirements.
All copies of a student’s IEP, IESP or SP provided or made accessible under this Policy must remain confidential and shall not be redisclosed to any other person, except in accordance with existing confidentiality laws, including the Individuals with Disabilities in Education Act and the Family Educational Rights and Privacy Act. To ensure such confidentiality, the CSE/CPSE Chairperson shall include with each IEP, IESP or SP copy provided or made accessible under this Policy, a copy of the Board Policy on student records. All IEP, IESP or SP copies must remain in a secure location on school grounds at all times. If IEP copies are transmitted and/or provided electronically, security systems (e.g., password protect a file or folder) must be implemented to prevent unauthorized internal and external access to such documents.
At the end of the school year or whenever the IEP has been revised, the CSE/CPSE Chairperson shall collect all IEP copies provided under this Policy and destroy them.
* Replaces #4117 – Dissemination of Individualized Education Program Information
Ref: Chapter 408 Laws of 2002
8 NYCRR 200.2; 200.16
Individuals with Disabilities Education Act (IDEA), 20 USC §1400 et seq
Family Educational Rights and Privacy Act (FERPA), 20 USC §1232g; 34 CFR Part 99
Education Law, §4407(7)