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In accordance with requirements of state/federal law and regulation, the Mississippi Bend Area Education Agency Division of Special Education and all school districts within the boundaries of the Mississippi Bend Area Education Agency maintain confidential student records for all students who receive special education services.  Copies of the Mississippi Bend Area Education Agency Student Records policy are available upon request from the Mississippi Bend Area Education Agency, Special Education Division.

Content of Records:

Special education student records contain information generated in determining a student's need for special education services and in planning and providing educational programming and services throughout the course of the student's educational career. The content of these records may include, but is not limited to, referral information, evaluation data and reports, individualized educational programs, individualized family service plans, behavioral information, test results, achievement data, health information, family background information, teacher or counselor observations and reports, and external agency reports.  Only information relevant to the provision of appropriate educational programming and services may be generated and maintained as part of a student's record.

Location of Records and Officials Responsible:

Special Education records for all students who receive special education services are on file at the Mississippi Bend Area Education Agency Service Center Office serving the school district or program in which the student is enrolled. The Mississippi Bend Area Education Agency Director of Special Education is administratively responsible for assuring the confidentiality of personally identifiable student information maintained by the Mississippi Bend Area Education Agency on an agency-wide basis.  Training is provided to those who collect or use personally identifiable information.  The Service Area Coordinator has similar responsibility with respect to student records housed at each Special Education Service Center Office.  The following is a listing of the titles and office addresses of these individuals:

Dewight "Tete" Long, Interim Director of Special Education

Mississippi Bend Area Education Agency

729  21st Street

Bettendorf, IA 52722-5096

Dewight "Tete" Long, Sector Coordinator

Mississippi Bend Area Education Agency

1110 East Platt Street

Maquoketa, IA 52060-2546

Dewight "Tete" Long, Sector Coordinator

Mississippi Bend Area Education Agency

1908 N. 3rd St.

Clinton, IA 52732-6551

JoAnne Dixson, Sector Coordinator

Mississippi Bend Area Education Agency

1422 Houser Street

Muscatine, IA 52761-2235

Parent/Eligible Student* Rights:

*An "eligible student" is one who has attained 18 years of age or is attending an institution of post secondary education.

With regard to records directly related to their child or to themselves, in the case of an eligible student, parents and eligible students have the right to:

1. Annual notice of their rights related to student records with provision for the need to effectively notify parents of students identified as having a primary or home language other than English.

2. Inspect and review records without undue delay and in no case more than 45 days after the request is made and before any meeting or hearing.

3. Copies of records at the cost of reproduction or at no cost if the fee charged would prevent exercise of the right to inspect and review student records.

4. A description of any circumstances in which the Mississippi Bend Area Education Agency, Division of Special Education feels it has a legitimate cause to deny a request for a copy of records.

5. A listing of the titles and office addresses for the Mississippi Bend Area Education Agency, Division of Special Education officials responsible for student records.

6. A listing of the types and locations of student records maintained by the Mississippi Bend Area Education Agency, Division of Special Education.

7. A response to reasonable requests for explanation and interpretation of student records.

8. Request amendment of records and/or a hearing to seek amendment of records they feel are inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student; and, if subsequent to a hearing the request is denied, to place in the records a statement commenting on information in the records and/or setting forth reasons for disagreeing with the hearing decision.  A decision to revise the records shall be made in a reasonable amount of time or parents shall be informed of refusal to amend and their right to a hearing.  Records shall be amended if the result of the hearing determines the challenge is accurate.  Any comment so placed in a student record shall be maintained as a part of the record as long as the contested portion(s) of the record is maintained and shall accompany any release or disclosure of the contested portion(s) of the record.

9. Inspect the record maintained by the Agency of any third party disclosure or request for disclosure of personally identifiable information without parent consent. (See following section entitled "Record Access and Disclosure.")

10. Be informed of where copies of the Mississippi Bend Area Education Agency Student Records policy may be obtained.

11. Have a representative inspect and review the records.

12. Access to only information on their child within records on more than one child.

13. Records being kept confidential at the collection, storage, disclosure and destruction stages.

14. File a complaint with the Family Rights and Privacy Act Office, Department of Education concerning alleged failure of the Mississippi Bend Area Education Agency to comply with requirements of the Family Rights and Privacy Act.

Requests to exercise any of these rights or to determine procedures established to provide for the exercise of these rights should be directed to the Coordinator of the Special Education Service Center Office serving the district in which the student is enrolled or to the Mississippi Bend Area Education Agency Director of Special Education.

It shall be assumed that the parent or eligible student has the right to access records and the authority to grant consent for disclosure of records except when there is evidence or reasonable cause to believe that there is a legally binding instrument, state law or court order which provides to the contrary.  Anyone alleging that record access should be denied for the reasons indicated shall be given up to 15 days to provide evidence supporting the allegation during which access will not be given.

When a student becomes an eligible student, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student with the following exception. Student records may be disclosed to the parents of a dependent student as defined by section 152 of the Internal Revenue Code of 1986 without written consent of the eligible student regardless of the age of the student.  It shall be presumed that a currently enrolled student is a dependent of his/her parents until such time as substantial proof to the contrary is shown.  Anyone alleging facts to the contrary shall be given up to 15 days to produce substantial evidence of the fact during which time access shall not be provided.

Record Access and Disclosure:

Except as provided in Mississippi Bend Area Education Agency policy and by state/federal law and regulation, access shall not be provided in any manner to personally identifiable information contained in student records without written consent signed by the parent or eligible student.  The following individuals, agencies and organizations may have restricted access to student records without prior consent of the parent or eligible student under the conditions specified.

1. Staff of the Mississippi Bend Area Education Agency, Division of Special Education, and the district in which the student is enrolled having a legitimate educational interest and need to know by virtue of being appropriately involved in carrying out their assigned responsibilities for the administration or provision of educational programming or services and/or for the generation and maintenance of student records. The Mississippi Bend Area Education Agency, Division of Special Education maintains in each service center office and program site for public inspection a listing of names and positions of staff having access to student records for educational purposes.

2. The Mississippi Bend Area Education Agency Board of Directors as an official body when acting in its official capacity with regard to matters pertaining to an individual student.**

3. Officials of a school or school system in which the student enrolls or proposes to enroll upon request by an appropriate representative of the school or school system.**

4. State and federal officials and others only as prescribed by state and federal law, rule and regulation.**

5. Parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1986.

6. Appropriate individuals in connection with a health or safety emergency.**

7. Appropriate parties in compliance with a judicial order or legally issued subpoena, under the condition that a reasonable effort is made to notify the parents prior to compliance with the judicial order or subpoena.**

8. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purposes of developing, validating or administering predictive tests; administering student aid programs; and improving instruction; under the condition that the studies are conducted in a manner which will not permit the personal identification of students and their parents by individuals other than representatives of the organization, and the information will be destroyed when no longer needed for the purposes for which the study was conducted.**

9. Accrediting organizations in order to carry out their accrediting functions.**

10. In limited circumstances in connection with financial aid for which the student has applied or has received.**

**In these cases a record of access to or disclosure of personally identifiable student records shall be maintained. This record and copies of records disclosed shall be available to the parents or eligible students upon request.

Directory Information:

The following is identified as directory information in state and federal regulations: name, address, telephone listing, date of birth, participation in officially recognized activities and sports, major field of study, weight and height of members of athletic teams, date of attendance, degrees, honors and awards received and the most recent previous school or institution attended.  Directory information shall not be released by the Mississippi Bend Area Education Agency without parent or eligible student consent.

Destruction of Special Education Student Records:

The Mississippi Bend Area Education Agency collects and maintains personally identifiable information for the purpose of providing  special education services to students.  A permanent record of each student's name, address, phone number, his or her grade level and year completed may be maintained without time limitation.  All other student records currently maintained by the Agency are subject to destruction three years after services to the student have ended.  The Agency intends to destroy all such records currently maintained by the Agency unless a written request is made by June 15, 2009, by former students of the Agency or their parents if the former student has not reached age 18.  Former students and parents should be aware that in some cases records documenting the nature and extent of a disabling condition may be of use in the future in obtaining social security benefits or for other purposes.  Written requests should be sent to Dewight "Tete" Long, Interim Director of Special Education, Mississippi Bend Area Education Agency, 729 21st Street, Bettendorf, IA 52722-5096.  Please include the name and birth date of the former student in the written request.

Record information related to the provision of special education services will be destroyed at any time at parent request if determined to be no longer needed for educational purposes.

4/1/09

The Mississippi Bend Area Education Agency does not discriminate on the basis of race, color, creed, gender identity, marital status, sex, sexual orientation, national origin, religion, age or disability in its educational programs, services or employment practices. Inquiries concerning this statement should be addressed to the Equity Coordinator, 729 - 21st Street, Bettendorf, Iowa  52722, Phone:  563-344-6410.