South Whidbey School District - Special Education Records

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

• School officials with legitimate educational interest;
  
• Other schools to which a student is transferring;
  
• Specified officials for audit or evaluation purposes;
  
• Appropriate parties in connection with financial aid to a student;
  
• Organizations conducting certain studies for or on behalf of the school;
  
• Accrediting organizations;
  
• To comply with a judicial order or lawfully issued subpoena;
  
• Appropriate officials in cases of health and safety emergencies; and
  
• State and local authorities, within a juvenile justice system, pursuant to specific State law.

Release of Information Form

Please email a request for special education records to:

mpoolman@sw.wednet.edu

Disposition of Special Education Records

Federal guidelines allow for Special Education records to be destroyed after a minimum of six (6) years from separation from program (WAC392-172A-05235).  Personally identifiable information is no longer needed at the South Whidbey School District.

Records will not be released to parent/guardian if student is age 18+ in accordance with the Family Educational Rights and Privacy Act (FERPA):

Once a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an "eligible student," and all rights formerly given to parents under FERPA transfer to the student. The eligible student has the right to have access to his or her education records, the right to seek to have the records amended, the right to have control over the disclosure of personally identifiable information from the records (except in certain circumstances specified in the FERPA regulations, some of which are discussed below), and the right to file a complaint with the Department. The term "education records" is defined as those records that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution.