PUBLIC NOTICE REGARDING DESTRUCTION OF SPECIAL EDUCATION RECORDS IN JOAQUIN

 

(May 11, 2018 ) -- Notice is hereby given that in accordance with 34CFR 300.573, Joaquin Independent School District intends to destroy the records of all students who have not had any recorded action with Joaquin I.S.D. Special Education at the end of five (5) years.

Any student, or former student, who has reached 18 years of age, may review and/or receive these records by contacting the Special Education Department at (936)269-3258 X 239 and scheduling an appointment by July 30, 2018. Destruction of these records will begin August 30, 2018.

According to federal law, parents and guardians lose their right to review or obtain these records when their child (the student) reaches 18 years of age or starts attending a postsecondary institution, whichever occurs first. However, a parent of a child with a disability who is 18 years of age or older may retain parental rights provided that the child has been determined to be legally incompetent or legally incapacitated.

Upon review, a copy of any information contained in the record will be provided to the parent/guardian or eligible student.

Once an appointment is scheduled, the record will be held for review for ten days after the appointment date. If an appointment is not kept or if the appointment is rescheduled, the file will be held for 10 days from the last scheduled appointment.

If no student, parent or guardian responds to this public notice, the school district will assume consent to destroy the entire record specific to the student.

In accordance with federal and state laws, special education records are maintained for five years after the student exits the special education program. A permanent record of the student’s name, address, phone number, grades, attendance record and year completed is maintained in perpetuity.

The purpose of destruction is to protect the student from improper and unauthorized disclosure of the confidential information contained within the file. Please note that certain records may be needed by the student, parent or guardian for social security benefits or other purposes.