A question has been raised about the uniformity in the EA records going into the AEA central file for a child entering Part B services...
Please review Section 7: Early ACCESS Procedural Manual: Procedural Safeguards
Since Early ACCESS is legislated through IDEA, the records are considered educational records. Any information admitted to the record, including health information becomes part of the educational record and is protected under FERPA. Personal notes are not considered part of the educational record if they are not shared in any way. Once someone else has knowledge of the personal notes, they cease to be private and are part of the educational record.
The child's official educational record is maintained by the AEA due to the Regional Grantee responsibilites for Part C. AEAs maintain active and inactive files for Part B (3-21) and C (birth to 3). Once inactive, the official educational file, including all IFSP documents is maintained by the AEA. A child that leaves EA and is eligible for Part B, then .... EA record continues as the child's official ongoing educational record, and is maintained as an active Part B record. Child leaves EA and is not eligible for Part B, then ... AEA treats it as inactive file for 5 years after the child's 3rd birthday.
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