KPBSD Sped Manual: Educational Records vs. Personal Notes

Educational Records: Student records which contain information directly related to a student and are maintained by an agency or institution (34 CFR 99.3). Educational records may be requested by and provided to parents.

Personal Notes: Documents created and kept by a district employee for the employee’s sole use. (34 CFR 99.3). These personal notes or other memory aides are not shared or referenced in conversation. Personal notes or other memory aides should not be maintained for a length of time longer than the current school year. Notes that are intended to be referenced or shared at a meeting orally and / or copied to any other document (IEP, ESER, etc.) could become a matter of an educational record. Any record passed between staff could also become an educational record and can be subject to discovery in a due process hearing or other litigation.