What are the rules regarding transfer of records? Should schools retain a copy of IEP records on identified students?
The child's original cumulative file, including special education records, should go with the child to the current SAU. Only copies of the file should be sent to a special purpose private school placement. It is recommended that SAUs maintain copies for other purposes.
When an SAU receives a request from another SAU for a child's cumulative file, does faxing or emailing the electronic IFSP, IEP and or evaluations fulfill the 5 days to send records?
The five days to send records applies only to children who experience education disruption as described in 20-A MRSA Section 5161(9):
9. Students who experience education disruption. “Student who experience education disruption” means elementary school and secondary school students who experience an interruption in their current educational program for 10 or more consecutive school days by being placed in a program or school approved by the department, which may be as a result of a situation such as homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a medical emergency, foster care placement, youth development center placement or some other out-of-districts placement that is not otherwise authorized by either an individualized education plan or other education plan.
“Students who experience education disruption” does not include students who are out of school for 10 or more consecutive school days as a result of planned absences for a reason such as a family event or medical absences for planned hospitalization or recovery or pursuant to a superintendent’s agreement developed in accordance with section 5205, subsection 2.
For children who are not experiencing education disruption, 20-A MRSA Section 6001-B (1) and (2) apply:
1. Education records must follow students who transfer. Education records must follow students who transfer to a school in another school administrative unit in the State. The education records of students who transfer from educational programs or schools for juveniles located in or operated by correctional facilities or out-of-state schools are also subject to this requirement.
2. Transfer of records. Upon application of a student to transfer to another school administrative unit in this State or to enroll at a school administrative unit in this State from an educational program or school for juveniles located in or operated by a correctional facility or a school outside of the State, and upon the written request of the superintendent of the school administrative unit into which the student seeks admission, school administrators at the school administrative unit from which the student is transferring shall provide all of the student's education records, including disciplinary records, attendance records, health records other than confidential health records for which consent for dissemination has not been obtained and special education records, to school administrators at the school administrative unit to which the student is seeking a transfer. Confidential health records may be provided under this subsection only if the school administrator at the school administrative unit from which the student is transferring receives the authorization or consent necessary for the dissemination of information contained in the following records:
A. Records concerning information on a person's HIV infection status, including the results of an HIV test, as those records are described in Title 5, section 19203-D; [2003, c. 472, §1 (new).]
B. Records concerning information on a person's alcohol and other drug abuse treatment as those records are described in Title 5, section 20047; [2003, c. 472, §1 (new).]
C. Records concerning information on a person's health care and treatment as those records are described in Title 22, section 1711-C; and [2003, c. 472, §1 (new).]
D. Records concerning information on a person's mental health treatment as those records are described in Title 34-B, section 1207. [2003, c. 472, §1 (new).]
In MUSER XIV.3., it states:
Each SAU must permit parents to inspect and review any education records relating to their child which are collected, maintained, or used by the SAU under these regulations. The SAU must comply with a request without unnecessary delay and before any meeting regarding an IEP or any hearing pursuant to 34 CFR 300.507 or 300.530 through 300.532, or resolution session pursuant to 34 CFR 300.510, and in no case more than 45 days after the request has been made.