### OFFICE OF THE ASSISTANT SECRETARY

| The Office for Civil Rights in the  United States Department of Education issues this guidance to provide state and  local education agencies with information concerning disclosure of disability  on report cards and transcripts for students with disabilities attending public  elementary and secondary schools, under Section 504 of the *Rehabilitation  Act of 1973* (29 U.S.C. § 794) and its implementing regulation (34 C.F.R.  Part 104) and Title II of the *Americans with Disabilities Act of 1990* (42 U.S.C. § 12131 *et**seq.*) and its implementing regulation (28  C.F.R. Part 35).  As appropriate, this  document also discusses two other relevant federal laws, the *Individuals  with Disabilities Education Act of 2004* (20 U.S.C.  § 1400 et seq.) and its implementing  regulation (34 C.F.R. Part 300) and the *Family Educational Rights and  Privacy Act*  (20 U.S.C. §1232g) and  its implementing regulation (34 C.F.R. Part 99).

This guidance  represents the Department’s current thinking on this topic.  It does not create or confer any rights for  or on any person.  This guidance does not  impose any requirements beyond those required under applicable law and  regulations.  

If you are interested in  commenting on this guidance, please email us your comment at OCR@ed.gov or write to us at the following  address:  U.S. Department of Education;  Office for Civil Rights; 400    Maryland Avenue, SW; Washington, DC 20202. |
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October 17, 2008 

Dear Colleague:

I am writing to you to address some issues concerning report  cards and transcripts for students with disabilities attending public  elementary and secondary schools.   Through this letter and the enclosed Questions and Answers document, I  am clarifying how federal laws apply to statements on report cards and  transcripts when these statements identify students as students with  disabilities.  

The Office for Civil Rights (OCR) in the United  States Department of Education (Department) has enforcement responsibilities  under two of the applicable federal laws -- Section 504 of the *Rehabilitation  Act of 1973* (Section 504) and Title II of the *Americans With  Disabilities Act of 1990* (Title II).   Section 504 prohibits discrimination on the basis of disability in  programs or activities receiving Federal financial assistance, and Title II  prohibits discrimination on the basis of disability by public entities,  including public elementary and secondary school systems, regardless of receipt  of Federal financial assistance.  As part  of their disability nondiscrimination mandates, Section 504 and Title II  require local education agencies (LEAs) to provide a free appropriate public  education (FAPE) to qualified individuals with disabilities in their  jurisdiction. See 34 C.F.R. § 104.33 and 28 C.F.R. § 35.103(a).    

Other federal laws are also relevant.  Through the Office of Special Education and  Rehabilitative Services (OSERS), the Department of Education administers the *Individuals  with Disabilities Education Act* (*IDEA*), which provides funds to  states to assist in making FAPE available to eligible children with disabilities.  *IDEA* requirements apply to state education agencies (SEAs), school districts, and other public agencies that serve *IDEA*-eligible children.  The Department’s Family Policy  Compliance Office implements and enforces the *Family Educational Rights and  Privacy Act* (*FERPA*).  *FERPA* protects the privacy interests of parents and students with regard to education  records, and generally prohibits a policy or practice of disclosing personally  identifiable information from education records without consent unless it is  subject to a specific exemption.

Report cards and transcripts convey information about  students.  LEAs issue report cards to  parents to indicate their child’s progress or level of achievement in specific  classes, course content, or curriculum.   These report cards are made available to parents, not to postsecondary  institutions, potential employers, and others outside the LEA.  In contrast, a student’s transcript generally  is intended to inform postsecondary institutions or prospective employers of a  student’s academic credentials and achievements.  Accordingly, there is an expectation that a  student’s transcript could be shared with persons other than the student and  the student’s parents. 

For students with disabilities, questions arise  about whether the information conveyed by report cards and transcripts can  include information about the students’ disabilities, including whether those  students received special education and related services.  As discussed in the enclosed Questions and  Answers document, under federal disability discrimination laws, the general  principle is that report cards may contain information about a student’s  disability, including whether that student received special education or  related services, as long as the report card informs parents about their  child’s progress or level of achievement in specific classes, course content,  or curriculum, consistent with the underlying purpose of a report card.

However, transcripts may not contain information  disclosing students’ disabilities.   Transcripts are provided to persons other than the student and the  student’s parents to convey information about a student’s academic credentials  and achievements.  Information about a  student’s disability, including whether that student received special education  or related services due to having a disability, is not information about a  student’s academic credentials and achievements.  Therefore, transcripts may not provide  information on a student’s disability.

The enclosed Questions and Answers document provides  additional information concerning the determination of what statements and  notations may be used on report cards and transcripts for students with  disabilities. 

Compliance with Section 504 and Title II principles in  reporting student achievement is one means of providing students with  disabilities with equal educational opportunity.  I look forward to continuing our work  together to improve educational outcomes for all students with disabilities.

| Sincerely,                           |
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|                                 |
| Stephanie  J. Monroe                 |
| Assistant Secretary for Civil Rights |

Enclosure

  

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