Ga. Comp. R. & Regs. R. 160-4-7-.08 - Confidentiality of Personally Identifiable Information
(1) CONFIDENTIAL INFORMATION.
(a) Education records means the type of
records covered under the definition of "education records" in 34 C.F.R. Part
99 (the regulations implementing the Family Educational Rights and Privacy Act
of 1974, 20 U.S.C.
1232 g (FERPA)). [34 C.F.R. §
300.611(b)]
(b) Each LEA shall provide a description of
the children on whom personally identifiable information is maintained, the
types of information sought, the methods the LEA intends to use in gathering
the information, and the uses to be made of the information. [34 C.F.R. §
300.612(a)(2)]
(d) Confidentiality information shall be
given in native languages appropriate to population groups served by the LEA.
[34 C.F.R. §
300.612(a)(1)]
(e) Each LEA shall provide notice that is
adequate to fully inform all parents concerning the policies and procedures
which the LEA follows regarding storage, disclosure to third parties, and
retention and destruction of personally identifiable information.
[34 C.F.R. §
300.612(a)(3)]
(2)
ACCESS RIGHTS AND REQUIRED
PROCEDURES.
(a) Each LEA must permit
parents to inspect and review any education records relating to their children
that are collected, maintained, or used by the LEA. The LEA must comply with a
request without unnecessary delay and before any meeting regarding an IEP, any
due process hearing, or resolution session, and in no case more than 45 days
after the request has been made. [34 C.F.R. §
300.613(a)]
1. The rights of parents regarding education
records are transferred to the adult student at age 18. [34 C.F.R. §
300.625(b)]
(b) The right to inspect and
review all education records includes:
1. The
right to a response from the LEA to reasonable requests for explanations and
interpretations of the records;
2.
The right to request that the LEA provide copies of the records containing the
information if failure to provide those copies would effectively prevent the
parents from exercising the right to inspect and review the records;
and
3. The right to have a
representative of the parents inspect and review the records. [34 C.F.R. §
300.613(b)]
(c) Each LEA may presume that the
parents have the authority to inspect and review all records relating to their
child unless the LEA has been advised that the parents do not have the
authority under applicable State law governing such matters as guardianship,
separation, and divorce. [34
C.F.R. §
300.613(c)]
(d) Record of Parties Obtaining
Access. Each LEA must keep a record of parties obtaining access to education
records collected or maintained (except access by the parents and authorized
employees of the LEA), including the name of the party, the date access was
given, and the purpose for which the party is authorized to review or use the
records. [34 C.F.R. §
300.614]
(e) Records on More Than One Child. If any
education record includes information on more than one student, the parent(s)
of those students have the right to inspect and review only the data relating
to their child or be informed of that specific information. [34 C.F.R. §
300.615]
(f) List of Types and Locations of
Information. Upon request, the LEA must provide the parents a list of the types
and locations of education records collected, maintained, or used by the LEA.
[34 C.F.R. §
300.616]
(g) Fees. Each LEA may charge a fee for
copies of records that are made for parents under this Rule if the fee does not
effectively prevent the parents from exercising their right to inspect and
review those records. The LEA may not charge a fee to search for and retrieve
information. [34 C.F.R.
§
300.617(a) - (b)]
(3)
AMENDMENT OF
RECORDS AT PARENT'S REQUEST.
(a) The
parents who believe that information contained in the education records
collected, maintained, or used is inaccurate or misleading or violates the
privacy or other rights of the student may request that the LEA amend the
information. [34 C.F.R.
§
300.618(a)]
(b) The LEA must decide whether to
amend the information in accordance with the request within a reasonable period
of time of receipt of the request. [34 C.F.R. §
300.618(b)]
(c) If the LEA decides to refuse to amend the
information in accordance with the request, it must inform the parents of the
refusal and advise the parents of the right to a hearing provided under this
Rule, paragraph (3)(d) below. [34 C.F.R. §
300.618(c)]
(d) The LEA must, on request, provide an
opportunity for a hearing to challenge information in education records to
ensure that it is not inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the child. [34 C.F.R. §
300.619] The
hearing held must be conducted according to the procedures under FERPA and its
regulations [34 C.F.R.
§
99.22]
(4)
RESULTS OF HEARING.
(a) If, as a result of the hearing, the LEA
decides that the information is inaccurate, misleading or otherwise in
violation of the privacy or other rights of the child, it must amend the
information accordingly and so inform the parents in writing. [34 C.F.R. §
300.620(a)]
(b) If, as a result of the hearing, the
agency decides the information is accurate and not misleading or otherwise in
violation of the privacy or other rights of the student, it must inform the
parents of their right to place in the records it maintains on the child, a
statement commenting on the information and setting forth the reasons for
disagreeing with the decision of the LEA. [34 C.F.R. §
300.620(b)]
(c) Any explanation placed in the records of
the student must be maintained by the LEA as part of the records of the child
as long as the record or contested portion thereof is maintained by the LEA. If
the records of the child, or the contested portion thereof, are disclosed by
the LEA to any party, the explanation must also be disclosed to the party.
[34 C.F.R. §
300.620(c)]
(5)
CONSENT.
(a) Parental consent must be obtained before
personally identifiable information is disclosed to other parties in accordance
with 34 C.F.R. §
99.30, unless the disclosure is authorized
without parental consent under
34 C.F.R. §
99.31. Under
34 C.F.R. §
99.31, prior consent is not required to
release information to:
2. Other school officials,
including teachers, within the agency or institution whom the agency or
institution has determined to have legitimate educational interests. This
includes teachers within the LEA, legally constituted cooperating agencies or
other agencies providing shared services; [34 C.F.R. §
99.31(a)(1)]
3. Officials of another school, school
system, or institution of postsecondary education in which the child seeks or
is eligible to enroll, upon condition that the student's parents be notified of
the transfer, receive a copy of the record, if desired, and have an opportunity
for a hearing to challenge the content of the record; [34 C.F.R. §
99.31(a)(2)]
4. Authorized Federal, State or local
representatives in connection with an audit or evaluation of Federal or State
supported education programs, or for the enforcement of or compliance with
Federal legal requirements which relate to those programs. The information must
be protected in a manner that does not permit personal identification of
individuals by anyone except the officials referred to above and must be
destroyed when no longer needed. [34 C.F.R. §
99.31(a)(3)]
5. In connection with a child's application
for or receipt of financial aid for which the child has applied or which the
student has received, if the information is necessary; [34 C.F.R. §
99.31(a)(4)]
6. State and local officials or authorities
to whom this information is specifically allowed to be reported or disclosed
pursuant to a State statute concerning the juvenile justice system;
[34 C.F.R. §
99.31(a)(5)]
7. Organizations conducting studies for, or
on behalf of, educational agencies or institutions to develop, validate, or
administer predictive tests; administer student aid programs; or improve
instruction. Information may only be disclosed if the study is conducted in a
manner that does not permit personal identification of parents and students by
individuals other than representatives of the organization and the information
is destroyed when no longer needed; [34 C.F.R. §
99.31(a)(6)]
8. Accrediting organizations to carry out
their accrediting functions; [34 C.F.R. §
99.31(a)(7)]
9. In compliance with a judicial order or a
lawfully issued subpoena. The LEA must make a reasonable attempt to notify the
child's parents of the judicial order or subpoena before releasing the records,
unless the disclosure is in compliance with a Federal grand jury subpoena or
other subpoena issued for law enforcement purposes and the court or other
issuing agency has ordered that the existence or the contents of the subpoena
or the information furnished in response to the subpoena not be disclosed;
[34 C.F.R. §
99.31(a)(9)]
10. Disclosure in connection with a health or
safety emergency, if the knowledge of the information is necessary to protect
the health or safety of the child or other individuals. [34 C.F.R. §
99.31(a)(10)]
11. The disclosure is information the LEA has
designated as "directory information" and the LEA has given public notice to
parents and eligible students of the types of personally identifiable
information that the LEA has designated as directory information, a parent's or
eligible student's right to refuse to let the LEA to designate any or all of
those types of information about the student as directory information, and the
period of time within which a parent or eligible student has to notify the LEA
in writing that he or she does not want any or all of those types of
information about the student designated as directory information.
[34 C.F.R. §
99.31(a)(11)]
12. The Office for Civil Rights.
[34 C.F.R. §
99.31(a)(3)]
13. Officials within the Department of Human
Resources (DHR), Department of Corrections (DOC), Department of Juvenile
Justice (DJJ) and Department of Labor (DOL) for the purpose of making
appropriate educational decisions regarding placements. [34 C.F.R. §
99.31(a)(1)]
(6)
SAFEGUARDS.
(a) Each LEA must
protect the confidentiality of personally identifiable information at
collection, storage, disclosure, and destruction states. The LEA's
superintendent or designee must ensure the confidentiality of any personally
identifiable information. Access of unauthorized persons to personally
identifiable information without parent's consent is forbidden. [34 C.F.R. §
300.623(a) - (b)]
(b) All persons collecting or using
personally identifiable information must receive training or instruction
regarding department policies and procedures concerning personally identifiable
information. [34 C.F.R.
§
300.623(c)]
(c) Each LEA must maintain, for
public inspection, a current listing of the names and positions of employees
within the LEA who may have access to personally identifiable information.
[34 C.F.R. §
300.623(d)]
(7)
DESTRUCTION OF
INFORMATION. Destruction means physical destruction or removal of
personal identifiers from information so that the information is no longer
personally identifiable. [34
C.F.R. §
300.611(a)]
(a) The LEA must establish a procedure for
destruction of information and must inform parents that personally identifiable
information collected, maintained, or used in the provision of a FAPE is no
longer needed to provide educational services to the child. These procedures
must be in accordance with FERPA and its regulations (34 CFR part 99) and the
Georgia Open Records Act (O.C.G.A. §
50-18-70et
seq.).
(b) The information
must be destroyed at the request of the parents when the information is no
longer needed to provide educational services to the child. However, a
permanent record of a child's name, address and telephone number, grades,
attendance record, classes attended, grade level completed and year completed
may be maintained without time limitation. [34 C.F.R. §
300.624(b)]
(8)
ENFORCEMENT.
Through the compliance review and general supervision process, the Georgia
Department of Education (GaDOE) shall ensure that these policies and procedures
are followed and that the requirements of these rules are met. [34 C.F.R. §§
300.610.-627]
(9)
This rule shall become effective
July 1, 2007.
Notes
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