Question

Federal Regulations on Educational Records and Digital Documents

Laserfiche Records Management Version 9

Updated June 24, 2014

asked on December 6, 2013 • Show version history

Our school district has been scanning education records into our Laserfiche repository for a while now and the question came up as to whether we are allowed to destroy the paper copies of the records and treat the imaged documents as the record now? The biggest question comes into play with Special Education records because they have federal regulations (IDEA, FERPA, etc.) governing them. If any one can shed any light on this topic, we would greatly appreciate it.

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replied on December 10, 2013

I'd suggest checking out the details of the specific rules and regulations in question. The laws vary, but there may be provisions that allow you to destroy the paper documents if the electronic file meets certain criteria and are properly "cared for". The exact details of what is entailed to be sure the documents are "cared for" differs as well, so that is another piece that you may want to consider.

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replied on June 24, 2014

Hi, you may want to check out PTAC, it is an extension of the US Department of Education and deals a bit with FERPA and IDEA regulations on student information. They just sent out information on a FERPA-IDEA "Crosswalk" which is a side-by-side comparison of the legal provisions and definitions in IDEA Part B, IDEA Part C and FERPA. It is intended to help differentiate these statutes and provide a comparisons for the shared definitions. The cross-walk guide is available in PDF format here: http://ptac.ed.gov/sites/default/files/IDEA%20FERPA%20Confidentiality%20Provisions%20Comparison%20Chart%2006.06.14.pdf

It may not answer all your questions regarding retention, but it is a helpful document in understanding the statutes for student information.

In Arizona, we are allowed to maintain electronic copies of non-permanent records by completing a form and having the State Library Archives and Public Records department approve. You'll need to have a migration plan in place in the event systems change. Check your state's retention schedule.

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replied on December 9, 2013

Hey Blake!

Not sure of the Federal Regulations but in North Carolina we had to get certified to destroy records by the state's office that deals with Records Management.

I Google'd yours and found a link showing the Record Retention schedule that Idaho requires:

http://history.idaho.gov/sites/default/files/uploads/Education_Agency_Records_Book_0.pdf

Hope it helps...

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replied on December 9, 2013

Chuck, thanks for the reply. Do you guys keep any special education records in Laserfiche? If so, do you then destroy the paper copies?

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replied on December 10, 2013 • Show version history

Hey Blake! Sorry I can't help... I don't work with any of the education records... just County Government stuff.

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Federal Regulations on Educational Records and Digital Documents

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