4321.5 Confidentiality and Access to Individualized Education Programs, Individualized Education Services Programs and Service Plans

(This policy replaces previously approved Board of Education Policy #5122.3)

personally identifiable data pertaining to a student with a disability. Personally identifiable data will not be disclosed by any District employee or member of a CSE/CPSE to any person (other than the parent of such student), organization or agency unless the parent/guardian of the child provides written consent; there is a valid court order for such information; or disclosure is permitted by law. See 4321.5N for a copy of the consent form.

Personally identifiable data is defined in the policy on Student Records, 5500.

The Board of Education, while acknowledging the confidentiality requirement, believes that in order for each student with disabilities to receive the full benefit of his/her Individualized Education Program (IEP), Individualized Education Services Program (IESP) (for New York State resident students placed by their parents in a non-public schools located in the District) or Service Plan (SP) (for out-of-State resident students placed by parents in non-public schools located in the District), individuals responsible for implementing the program or plan must, prior to the implementation, fully understand the scope of their responsibility and the specific accommodations, modifications and supports and/or services to be provided in accordance with the IEP, IESP or SP.

To this end, this policy establishes procedures to ensure that any person having a responsibility to provide a service, support accommodation or program modification for the student in accordance with that student’s IEP, IESP or SP will be informed of his/her responsibilities under the IEP and receive or have access to a copy of the student’s IEP, IESP or SP as specified below as they shall be deemed to have a legitimate educational interest in said student.

1. Access to Copies of IEPs, IESPs or SPs

   At a CSE, CSE Subcommittee or CPSE meeting for each student, a determination will be made as to which general education teachers, special education teachers, related service providers and other service providers have responsibility to implement the recommendations on the student’s IEP, IESP or SP. “Other service provider” means a representative of another public-school district, charter school, BOCES program, childcare institution school, Special Act school district, State-supported school, approved private in-state or out-of-state school and an approved preschool provider where the student receives or will receive IEP, IESP or SP services.

   Prior to implementation of any IEP, IESP or SP, the CSE, CSE Subcommittee and CPSE Chairpersons shall ensure that a paper or electronic copy of each student’s IEP, IESP or SP is provided to each regular education teacher, special education teacher, related service provider and/or other service provider who is responsible for implementation of the program or plan or they are able to access it electronically. If access is provided electronically, the CSE Chairperson or designee will notify and train the individuals on how to access the document.

   These individuals responsible for implementing an IEP, IESP or SP will, in turn, ensure that all school personnel (teacher aides and teacher assistants) and other providers responsible for assisting in implementation are given the opportunity to review their copy of the IEP, IESP or SP prior to program implementation as well as have ongoing access to such copy.

2. Notification of Responsibilities

   In addition to disseminating copies of a student’s IEP, IESP or SP, CSE, CSE Subcommittee and CPSE Chairpersons must designate one or more professional employees of the District with knowledge of the student’s disability and program to inform each regular education teacher, special education teacher, related service provider, other service provider, supplementary school personnel, other provider and support staff (who has direct contact with the student based on their assigned duties) of their responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP, IESP or SP. In selecting the professional staff person(s), the chairperson could select themselves for this responsibility, another administrator, teacher, related service provider or other professional, as appropriate.

3. Confidentiality

   All copies of a student’s IEP, IESP or SP provided or made accessible under this policy must remain confidential, and will not be disclosed to any other person, except in accordance with the Individuals with Disabilities Education Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA). All IEP, IESP or SP copies must remain in a secure location on school grounds at all times. If IEP copies are transmitted and/or provided electronically, security systems (e.g., password protect a file or folder) must be implemented by the sender to prevent unauthorized internal and external access to the student’s IEP, IESP or SP. Additional information on confidentiality guidelines are found in the District’s Special Education Plan and must be agreed to prior to accessing this information

Cross-ref:

4321, Programs for Students with Disabilities Under IDEA and Article 89
5500, Student Records

Ref:

Individuals with Disabilities Education Act (IDEA), 20 USC §§1400 et seq. Family Educational Rights and Privacy Act (FERPA), 20 USC §1232g; 34 CFR Part 99
Education Law §4402(7)
8 NYCRR §§200.2(b)(10); 200.4(e)(3); 200.16(e)(6)
New York State Education Department, Vocational and Educational Services for Individuals with Disabilities (VESID), SED Guidance Document, Providing copies of the IEPs for Students with Disabilities, 5/13/03, https://www.p12.nysed.gov/specialed/publications/policy/chap408final.pdf

Approved by the Board of Education: 03/19/09
Revision approved by the Board of Education: 12/19/19
Revision approved by the Board of Education: 11/16/23

Download the Confidentiality and Access to Individualized Education Programs, Individualized Education Services Programs and Service Plans PDF

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