Responding to Record Requests

TYPE OF REQUEST Public Information Act (PIA) Request otherwise known as an Open Records Request Inactive Student Record Request Active Student Record Request Comprehensive Record Request Inter-district Record Request Subpoena for Student Records

Open Record Request or PIA Public Information Act (PIA) Request, otherwise known as an Open Record Request, are requests for public information. PIA requests do not include student records or s regarding students PIA requests should be submitted (immediately) to the LISD Communication office

Inactive Student Record Requests Educational agencies within Texas will submit their request to the campus attendance clerks through the T-REX system. If the SE Records Clerk receives a request through T-REX, they will forward it to the campus where the student last attended. Educational agencies outside of Texas must submit their request (in writing) to the records clerk at the Special Education Main St. office. NOTE: Parent/adult signatures are not required for exchange of records between educational agencies. Private Party requests must be submitted to the Records Clerk at the Special Education Main St. office. If a private party submits a request, the request must include a Release/Consent form containing parent/guardian or adult student’s signature.

Inactive Student Request cont’d Subpoena’s for SE student records should be submitted to the Secretary to the Executive Director of Special Education immediately upon receipt. District SE Staff can access inactive records through the Assessment Specialist. If the Assessment Specialist does not have access to a particular inactive student, they should contact the records clerk at the Main St. office for assistance. Requests for inactive student records from educational agencies or private parties will receive only the latest Annual ARD, any subsequent ARDs, and the most current evaluation (unless other items are specifically requested). Inactive SE student records are retained for a period of 7 years.

Active Student Record Request Record requests for active students must be submitted to the campus Assessment Specialist where the student currently attends. When submitting records in response to a request for active records, only the Annual ARD, any subsequent ARDs, and the most current evaluations will be submitted unless otherwise specified.

Comprehensive Record Requests Comprehensive record requests are requests that include any and all records. When a comprehensive record request is received it must be submitted immediately to the Secretary to the Executive Director at the Special Education Main St. office. The secretary will obtain the eligibility file from the Assessment Specialist and review it for names of all staff involved with the student.

Comprehensive Record Requests The secretary will contact each staff member with instructions regarding the request. Due to the complexity and voluminous nature of a Comprehensive Request, it is extremely important that instructions for processing the request are followed explicitly.

Procedures for Processing a Comprehensive Request The Secretary to the Executive Director will instruct the Assessment Specialist to download all documentation (eligibility files etc) contained in SEAS and or PaperVision. Additionally, the Assessment Specialist will include any hardcopies in their possession. Assessment Specialists should refer to instructions contained in their handbook for searches. The Assessment Specialist will submit the items to the secretary. The secretary will review the eligibility files for names of any staff member contained within. Cont’d…

Procedures for Processing Comprehensive Requests cont’d The secretary will contact all staff (who’s name appears in the file) and instruct them to compile all documentation in their possession. Once the secretary has contacted the staff member to collect records pertaining to a student, the staff member should copy the entire file being careful not to remove anything from the file (even if they think it is a duplicate of other staff files). Files must be copied as is.

Procedures for Processing a Comprehensive Request cont’d Any and all means everything. This would include, but not limited to, paper files, electronic files, audio/video tapes, s, phone logs, handwritten notes, nurses records, CUM, everything. (See next slide for instructions regarding s) Copies of documentation must be counted and placed in a folder labeled with staff member’s name and number of pages contained within. Staff member should hand deliver their items to the Special Education Main St. office to the attention of the Secretary to the Executive Director.

Procedures for Processing Comprehensive Requests cont’d Items responsive to a Comprehensive Request should never be mailed as there is a timeline for response and often interoffice mail is lost. Also, if the staff member fails to follow the instructions for processing the request, they will be required to retrieve their items and resubmit them according to the instructions. If a lead (or other staff member) chooses to collect the items for their staff and deliver them to SE then that staff member is accepting responsibility to make any corrections to the files they are delivering if the secretary discovers that the instructions were not followed. If staff member does not have any items to submit, they must notify the secretary via .

s When a comprehensive request specifies copies of s, the secretary will instruct staff to search their current e- mail sent files for any s pertaining to the student. Only s in the sent file should be pulled as any received will be submitted by the sender, thus, reducing the amount of duplication and charge to requestor. Other student names must be redacted using white-out. Simply using a black marker will not suffice as the names will “bleed” through when copied.

REMEMBER: NO Staples! One sided copies only. Be sure to copy the back page (if applicable) onto a separate page. Legible copies only (must be darkened or lightened where needed). Other student names must be redacted using white out. Simply using black marker is not sufficient as the names often bleed through when copied. All documents must be in a folder with name of staff member and number of pages noted on the tab. Sent s only; again NO staples please. Use only 8.5 x 11 paper. Copy smaller items and reduce larger items to fit a normal page. If staff member does not have any items to submit, they must notify the secretary via . Comprehensive requests can include numerous files and multiple staff members (as many as 50 or more), therefore, if staff member fails to follow the instructions above, they will be asked to return to SE Main St. to make the necessary corrections.

Inter-District Request If an LISD staff member has a need for information regarding a Special Education student, they must submit their request to the Assessment Specialist at the campus where the student is currently enrolled. When a Special Education Student returns to LISD or transfers to another campus within LISD, the receiving Assessment Specialist must contact the records clerk at the Main St. office for access to that students inactive file.

Subpoena Subpoena’s for records of Special Education Students must be hand-delivered to the custodian of SE records (Executive Director of SE) or her designee. If a subpoena is delivered via postal service, etc. the requestor (usually attorney) must be notified that LISD will only respond to hand-delivered subpoenas. All subpoena’s for SE records must be submitted immediately to the Secretary to the Executive Director of Special Education to process. Note: It is a federal offense to remove anything from the file once the subpoena has been issued.

Confidentiality of Records Student Records are confidential records and should not be shared with anyone other than authorized individuals. Special Education Student Records should never be released to private parties without a release signed by parent/guardian or adult student.

Timelines Requests for records from other educational entities must be completed within 10 days after the request is received. Requests for records from private parties must be completed within 30 days after the request is received and as soon as possible. If the request cannot be completed within the timeline, a written response must be submitted to the requestor explaining the reason for delay and when the records will be available.

Timelines If a large amount of information is requested the District may ask requestor how the request may be narrowed. If the requestor does not respond within 61 days of the Districts inquiry, the underlying request is considered to have been withdrawn by the requestor. A requestor shall complete the examination of the information or retrieve the items not later than the tenth business day after the date the custodian makes the records available. Failure to do so, and the requestor has not requested additional time, the requestor is considered to have withdrawn the request.

Cost for processing request Charges do not apply to requests from other educational agencies. Parents requesting copies of records will receive the first copy of current ARD and evaluations at no charge. Additional copies will be billed per District fees. Subpoenas or private parties requesting copies of records will be charged according to District policy. The LISD charges $.10 per copied page. Audio and visual tapes are $1 per tape.

Cost for Processing Request cont’d If the cost will exceed $40 the requestor must be notified of the charges in a detailed statement. If after the District provides the itemized statement, discovers additional documents and the charge for the additional documents exceeds the total cost of the original quote by 20% or more, the District must notify the requestor of the additional charges. Requestor must respond to the notice of charges within 10 business days as to their acceptance of the fees or their desire to modify their request.