Iowa Admin. Code r. 281-120.401 - Confidentiality and opportunity to examine records
(1)
General. The state must
ensure that the parents of a child referred under this chapter are afforded the
right to confidentiality of personally identifiable information, including the
right to written notice of, and written consent to, the exchange of that
information among agencies, consistent with federal and state laws.
(2)
Confidentiality
procedures. As required under Sections 617(c) and 642 of the Act,
rules
281-120.401
( 34CFR303 ) through
281-120.417 (
34CFR303 ) ensure the protection of the confidentiality of any personally
identifiable data, information, and records collected or maintained pursuant to
this chapter by the Secretary and by participating agencies, including the
department and EIS providers, in accordance with the protections under the
Family Educational Rights and Privacy Act (FERPA) in
20
U.S.C. 1232 g and 34 CFR Part 99. The state
must have procedures in effect to ensure that:
a. Participating agencies (including the lead
agency and EIS providers) comply with the Part C confidentiality procedures in
rules
281-120.401
( 34CFR303 ) through
281-120.417 (
34CFR303 ); and
b. The parents of
infants or toddlers who are referred to or receive services under this chapter
are afforded the opportunity to inspect and review all Part C early
intervention records about the child and the child's family that are collected,
maintained, or used under this chapter, including records related to
evaluations and assessments, screening, eligibility determinations, development
and implementation of IFSPs, provision of early intervention services,
individual complaints involving the child, or any part of the child's early
intervention record under this chapter.
(3)
Applicability and time frame of
procedures. The confidentiality procedures described in subrule
120.401(2) apply to the personally identifiable information of a child and the
child's family that:
a. Is contained in early
intervention records collected, used, or maintained under this chapter by the
department or an EIS provider; and
b. Applies from the point in time when the
child is referred for early intervention services under this chapter until the
later of when the participating agency is no longer required to maintain or no
longer maintains that information under applicable federal and state
laws.
(4)
Disclosure of information: transition from Part C to Part B.
a. The department shall disclose to the AEA
where the child resides, in accordance with subrule 120.209(2), the following
personally identifiable information under the Act:
(1) A child's name.
(2) A child's date of birth.
(3) Parent contact information (including
parents' names, addresses, and telephone numbers).
b. The information described in this subrule
is needed to enable the department, as well as LEAs and AEAs under Part B of
the Act, to identify all children potentially eligible for services under Part
B of the Act.
Notes
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No prior version found.