Student Records

What's Required

Parents of a student with a disability must be afforded an opportunity to examine all records relating to their child 34 CFR 300.501(a) and USC 1415(b)(1).   An educational agency or institution must maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student 34 CFR 300.614 and 34 CFR 99.32(a)(1) In addition, all records must be kept confidential as per the Family Educational Rights and Privacy Act (FERPA) and 34 CFR 99.3. A parent or eligible student may request the educational agency or institution to amend the student's education record if the parent or eligible student believes the education records relating to the student contain information that is: inaccurate, misleading, or in violation of the student's rights of privacy 34 CFR 99.20(a) and 34 CFR 300.618(a).

 

Texas Public Information Act

The Texas Public Information Act also gives the parent the right to inspect and obtain copies of the student's education records. The school may charge a reasonable fee for copies. The Attorney General enforces the Texas Public Information Act. The toll free number the parent can call if he or she has questions is 1-877-673-6839.

 

What We Do

The parent has the right to review his or her child's entire education record. The school may presume that the parent has authority to inspect and review records relating to his or her child unless advised that he or she does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.

 

The school must keep a log of everyone (except for the parent and authorized school officials) who reviews the student's special education records.

    • the log must include the name of the person;

    • the date access was given; and

    • the purpose for which the person is authorized to use the records.

 

A school official must assume responsibility for ensuring the confidentiality of any personally identifiable information.

All persons collecting or using personally identifiable information must receive training or instruction regarding the state's policies and procedures regarding confidentiality under the IDEA and the FERPA.

Each school must maintain, for public inspection, a current listing of the names and positions of those employees within the school who may have access to personally identifiable information.

 

Clarification, Copies, and Fees

    • If the parent requests, the school must explain and interpret the records, within reason.

    • If the parent requests, the school must provide a list of the types and locations of all of the student's records.

    • The school must make the parent copies if that is the only way the parent would be able to inspect and review the records.

    • The school may not charge a fee to search for or to retrieve any education record about the student. However, it may charge a fee for copying, if the fee does not keep the parent from being able to inspect and review the records.

 

Confidentiality

FERPA permits certain individuals, including school officials, to see the student's records without the parent's consent. Otherwise, the parent's consent must be obtained before personally identifiable information is disclosed to other individuals. Personally identifiable information includes:

      • the student's name

      • the name of the parent

      • the name of another family member

      • the parent's address

      • a personal identifier (like social security number)

      • or a list of characteristics that would make it possible to identify the student with reasonable certainty.

Before personally identifiable information is released to officials of participating agencies providing or paying for transition services, parent's consent, or the consent of an eligible child who has reached the age of majority under state law, must be obtained. All school staff receive FERPA training annually. 

 

Amending Records

If the parent believes that his or her child's education records are inaccurate, misleading, or violate his or her child's rights, the parent may ask the school to amend the information.

  • Within a reasonable time the school must decide whether to amend the information.

  • If the school refuses to amend the information as requested, it must inform the parent of the refusal and of his or her right to a hearing to challenge the information in the records.

  • This type of hearing is a local hearing under FERPA and is not an IDEA due process hearing held before an impartial hearing officer.

  • If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it must change the information and inform the parent in writing.

  • If, as a result of the hearing, the school decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the parent must be informed of his or her right to place a statement commenting on the information in the student's records for as long as the record or contested portion is maintained by the school.

  • If the parent revokes consent in writing for the student's receipt of special education and related services after the school initially provided services to the student, the school is not required to amend the student's education records to remove any references to the student's previous receipt of special education services.

  • However, the parent still has the right to ask the school to amend the student's records if the parent believes the records are inaccurate, misleading, or violate the student's rights.

 
Destruction of Records

Special education records collected by the Texas School for the Deaf related to the identification, evaluation, educational placement, or the provision of special education services in the district, must be maintained under state and federal laws for a period of five (5) years after special education services have ended for the student. Special Education services end when the student is no longer eligible for services, graduates, completes his or her educational program at age 22, or moves from the district.

 

This notification is to inform parents/guardians and former students of TSD’s intent to destroy the Special Education records of students who are no longer receiving Special Education services as of the end of the 2015-2016 school year. These records will be destroyed in accordance with state law unless the parent/guardian or eligible (adult) student notifies the school district otherwise.

 

After five years, the records are no longer used by TSD, but they may be useful to the parent/guardian or former student in applying for Social Security benefits, rehabilitation services, college entrance, etc.

 

Records not requested by June 1, 2021 will be destroyed beginning July 1, 2021. With proof of identity, the parent/guardian or eligible (adult) student may request a copy of the records in person or by mail.

 

The following records will be maintained permanently: 

Academic Achievement Record (including Transcript)

Last Full and Individual Evaluation

 

 

To obtain a copy of your records including your transcript, contact the school registrar. 
 
Andrea Hall
Registrar
TSD Admissions Office
Texas School for the Deaf
1102 S. Congress Avenue
Austin, TX 78704
registrar@tsd.state.tx.us

VP: 512-670-8577
FAX: 512-462-5424