Navigating Ariticle 7 (Indiana Special Education Rules and Related Resources)

Confidentiality Of Information

The Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Improvement Act (IDEA ’04), and Article 7 generally require the school to obtain parental consent before disclosing or releasing personally identifiable information from the student’s educational record. However, there are also a number of situations in which the school may release certain information about a student without obtaining written parental consent.

A student’s educational record includes any records directly related to a student and maintained by the school or someone acting on the school’s behalf. Among other things, an educational record includes test protocols that contain personally identifiable information regarding the student and his/her individualized education program (IEP), audio or video clips, scanned images, and other electronically recorded or produced items. Personally identifiable information about a student means “information by which it is possible to identify a student with reasonable certainty,” such as name, address, and social security or student test number.

      Does the parent(s) have the right to see the student’s educational record?

      What does it mean to “inspect and review” a student’s educational record?

      Can a student’s parent(s) obtain a copy of the student’s educational record, even if there is no due process hearing pending?

      If a student’s parents are divorced, does the non-custodial parent have the right to access the student’s educational record?

      Can the school disclose information about a student without parental consent?

      What if a parent/student of legal age thinks that the educational record contains inaccurate information?

      How long must the school keep a copy of the student’s educational record?

      Training Opportunities

      Other Resources

Procedural Safeguards

Article 7 provides a number of procedural safeguards for the parent(s) and students that are designed to promote parental participation, ensure that students with disabilities are provided with a free appropriate public education, and provide a means of resolving disagreements. Procedural safeguards have been referred to as the “rights and responsibilities” of the parent(s) and schools.

Procedural safeguards affirm the right of the student’s parent(s) . . .

To be fully informed,
To participate in the process,
To receive prior notice and provide consent,
To have any information that could personally identify the student held in confidence,
To examine all relevant records, and
To a timely and impartial resolution of disputes.

To help the student’s parent(s) understand the procedural safeguards, the school must provide the parent(s) with a copy of the Notice of Procedural Safeguards, sometimes called the Notice of Parent Rights or even the NOPS. The school may post the Notice on its website. However, the school must also provide the parent(s) a written copy of the Notice, unless the school offers the option of receiving the Notice by email, and the parent(s) chooses that option.

      What is included in the Notice of Procedural Safeguards?

      When does a parent(s) receive a copy of this Notice?

      Training Opportunities

      Other Resources