To Request Records
Public Notice - Retention of Special Education Records
The regulations that implement the IDEA state that the school receiving a transfer student “must take reasonable steps to promptly obtain the child’s records,” and the previous school at which the child was enrolled “must take reasonable steps to promptly respond to the request [for records] from the new [school].” [34 C.F.R. § 300.323(g)(1)and(2)] Arizona has more specific requirements. “Within five school days after enrolling a transfer pupil from a private school or another school district, a school shall request directly from the pupil’s previous school a certified copy of the pupil’s record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. Notwithstanding any financial debt owed by the pupil, any school requested to forward a copy of a transferring pupil’s record to the new school shall comply and forward the record within ten school days after receipt of the request unless the record has been flagged pursuant to section 15-829.” [A.R.S. § 15-828(G)] (A.R.S. §15-829 deals with missing children and reporting to law enforcement any request for a missing student’s records)] .
Under the Family Educational Rights and Privacy Act (FERPA) in Arizona, educational institutions must grant parents or eligible students access to education records within a reasonable period of time, not to exceed 45 calendar days from the receipt of a written request
In accordance with ARS §41-1351, the retention period is four (4) years for Special Education Records. Keeping records for a time period other than their approved retention period is illegal. Florence Unified School District will destroy Special Education Records of students who have been dismissed or withdrawn from Florence School District for four (4) years or more from the current academic year.
Prior to the destruction of records, you have the right to review the records and obtain copies of any information. To obtain records, you must be the parent or the legal guardian of the student or the student (age 18 or older). Please indicate your request by contacting the Exceptional Student Services Department at 480-987-5390 or email spedrecords@fusdaz.org before December 1st.
If you do not contact Student Services on or before December 1st, all records four (4) years older than the current academic year will be destroyed in accordance with established policy. Current records are stored electronically. Contact the Exceptional Student Services Department at 480-987-5390 or spedrecords@fusdaz.org to get a copy.