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.
Please email a request for special education records to:
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.
In keeping with the Public Schools Records Retention Schedule by the Office of the Secretary of the State of Washington to retain the special education records of students for a minimum of 6 years when the student is no longer eligible for services or has withdrawn from the district, the school years 2015-2017 will be set for destruction July 1, 2023. Contact email@example.com if you would like more information regarding student special education files or to request the file.