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I.EXECUTIVE ORDERS - page 109 / 359

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Education Records—the type of records covered under the definition of "education records" in 34 CFR part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)).

Participating Agency—any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under part B of the IDEA.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2081 (October 2008).

§612.Notice to Parents

A.The LDE shall give notice that is adequate to fully inform parents about the requirements of §123, including:

1.a description of the extent that the notice is given in the native languages of the various population groups in the state;
2.a description of the students on whom personally identifiable information is maintained, the types of information sought, the methods the LDE intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;
3.a summary of the policies and procedures that participating agencies shall follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and
4.a description of all of the rights of parents and students regarding this information, including the rights under FERPA and implementing regulations in 34 CFR part 99.

B.Before any major identification, location, or evaluation activity, the notice shall be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the state of the activity.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2082 (October 2008).

§613.Access Rights

A.Each participating agency shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under these regulations. The agency shall comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to §507 or §§530 through 532, or resolution session pursuant to §510, and in no case more than 45 days after the request has been made.

B.The right to inspect and review education records under this section includes:

1.the right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;
2.the right to request that the agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and
3.the right to have a representative of the parent inspect and review the records.

C.An agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State law governing such matters as guardianship, separation, and divorce.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2082 (October 2008).

§614.Record of Access

A.Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used under part B of the IDEA (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2082 (October 2008).

§615.Records on More than one Student

A.If any education record includes information on more than one student, the parents of those students have the right to inspect and review only the information relating to their child or to be informed of that specific information.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2082 (October 2008).

§616.List of Types and Locations of Information

A.Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2082 (October 2008).

§617.Fees

A.Each participating agency may charge a fee for copies of records that are made for parents under these regulations if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

B.A participating agency may not charge a fee to search for or to retrieve information under these regulations.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2082 (October 2008).

§618.Amendment of Records at Parent’s Request

A.A parent who believes that information in the education records collected, maintained, or used under these regulations is inaccurate or misleading or violates the privacy or other rights of the student may request the participating agency that maintains the information to amend the information.

B.The agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

C.If the agency decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal and advise the parent of the right to a hearing under §619.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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