RETENTION NOTE: The term "cessation of services" used in the retention periods set in sections 3-1 through 3-5 with reference to records created on students who are referred to but not subsequently enrolled in the special program described, means the date determination against enrollment is made.

RETENTION NOTES: GRANT RECORDS - The 7-year retention period frequently established for records of school districts derives from federal requirements in 34 CFR 75.734, 76.734, and 80.42(a)(1) and (c) governing the retention of financial and programmatic records, including supporting documents, statistical reports, and other records pertinent to program regulations or the grant agreement relating to projects or programs funded by the U.S. Department of Education through sub grants using federal funds from the Texas Education Agency. These requirements are reiterated in the Texas Education Agency's Bulletin 679: Financial Accounting Manual.

Federal regulations require that all records of the types mentioned must be available for audit for 5 years after the date of submission of the single or last expenditure report by the Texas Education Agency as sub grantor, not by the school district. Because final expenditure reports are submitted by the Texas Education Agency after all reports from districts are received, a 7-year retention period for many records of school districts is necessary to satisfy this requirement adequately.

If an audit is pending in which an expenditure or the eligibility of a student to participate in a federal program is questioned, then all records affecting the outcome of the audit must be retained until the audit is settled.

Copies of reports or records submitted to the Texas Education Agency must be retained by school districts in accordance with this schedule.

SECTION 3-1: SPECIAL EDUCATION PROGRAM RECORDS

3250-01 ENROLLMENT LISTS AND ROSTERS. RETENTION: 7 years

3250-02 STUDENT RECORDS - Records of each student referred to or receiving special education services, including referral, assessment, and reevaluation reports; enrollment and eligibility forms; admission, review, and dismissal (ARD) and transitional planning committee documentation; individual educational (IEP) and transitional (ITP) plans; parental consent forms for testing and placement; and other records of services required under federal and state regulation. RETENTION: Cessation of services + 7 years, but see retention note (a).

RETENTION NOTES: a) It is an exception to the retention period given for this record group, that the following information must be retained PERMANENTLY in some form on each student in grades 9 - 12 participating in a special education program: name, last known address, student ID or Social Security number, grades, classes attended, and grade level and year completed. If an academic achievement record [see item number 3200-01(a)] is created for the student and maintained among those for students in the regular population, it is not necessary for special education records custodians to maintain the prescribed information beyond 7 years after the cessation of services, provided that it is contained in the Academic Achievement Record.

b) Prior to the destruction of any records in this record group, the eligible student or the parents of the student, as applicable, must be notified in accordance with federal regulation. See 34 CFR 300.573.

3250-08 STUDENT RECORDS - Records of each student referred to or receiving bilingual or special language services, including recommendations from parents or teachers for bilingual instruction, student interview documentation, notifications to parents, parental consents or denials, language proficiency assessment committee (LPAC) reports, exit reports, follow-up study reports, and other records of services required by state regulation or pertinent to the identification of students for bilingual education or special language programs. RETENTION: Cessation of services + 7 years

3250-16 STUDENT RECORDS - Records of each student referred to or receiving services in a gifted/talented program, including nomination and observation documentation, testing results, parental consents, committee reports and recommendations, and other records of services required under state regulations pertinent to the identification of students for participating in gifted/ talented programs. RETENTION: Cessation of services + 5 years

3250-20 STUDENT RECORDS - Records of each student referred to or receiving services under Section 504, including referral, pre-placement, and reevaluation reports, parental notices; group and impartial hearing deliberations; and other records of services required under Section 504 regulations. RETENTION: Cessation of services + 7 years

3250-26 ENROLLMENT LISTS AND ROSTERS. RETENTION: Cessation of services + 5 years

3250-27 STUDENT RECORDS - Records of each student referred to or receiving dyslexia program services, including referral and assessment reports; group deliberations; parental notices, and other records of services required under state regulations. RETENTION: Cessation of services + 5 years

RETENTION NOTE: This record group does not include the special education records of students with dyslexia or related disorders receiving special education services. See item number 3250-02. SECTION 3-6: MIGRANT STUDENT RECORD TRANSFER SYSTEM (MSRTS) RECORDS

3250-34 ENROLLMENT AND WITHDRAWAL REPORTS. RETENTION:  7 years

3250-35 MONITORING DOCUMENTATION - Summaries of eligibility verifications and validations, parent/guardian questionnaires, copies of validated certificates of eligibility, and copies of any correspondence from a school district to a regional educational service center requesting deletion of ineligible children from the MSRTS. RETENTION: 7 years

3250-36 RECRUITING RECORDS - Recruiter logs, questionnaires, and similar records documenting efforts of recruiters to identify and enroll currently and formerly migrant students. RETENTION: 7 years

3250-37 STUDENT RECORDS.

a) Certificates of eligibility. RETENTION: End of eligibility + 7 years

RETENTION NOTE: Eligibility ends 6 years from the qualifying arrival date (QAD) as it appears on the certificate of eligibility. The qualifying arrival date was referred to as the last qualifying move (LQM) on certificates of eligibility prior to 1991.

b) Copies of most current educational and health records or forms providing educational and health updates, information from which is transmittable to regional educational service centers for data entry. RETENTION: 1 year

RETENTION NOTE: Program regulations require that an active file be maintained on each migrant child identified for the current school year in a project district or cooperative project district. The file must include, in addition to the certificate of eligibility, a copy of each of the most current educational and health records of the student. Although the minimum retention period is set as US, superseded records should not be disposed of until notification that all required data from the superseded records have been accurately reflected in MSRTS records in Little Rock. If original student educational and health records, rather than copies, are the source for MSRTS data, the records must be retained for the periods established in Parts 1 and 5 of this schedule.

c) Data verification reports from the MSRTS center in Little Rock. RETENTION: 1 year

SECTION 3-7: OTHER SPECIAL POPULATIONS RECORDS

3250-43 FEDERAL IMPACT AND SURVEY FORMS - TEA Form FIN-127 or an equivalent locally designed form used to survey parents to determine eligibility for federal impact aid under P.L. 81-874.

a) Survey forms of students determined to be eligible and used to complete district applications for school assistance in federally affected areas. RETENTION: 7 years

b) Survey forms of students determined not to be eligible. RETENTION: 1 year (Exempt from destruction request requirement.)

3250-44 McKINNEY HOMELESS ASSISTANCE ACT STUDENT RECORD. RETENTION: 7 years