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I.EXECUTIVE ORDERS - page 110 / 359

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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).

§619.Opportunity for a Hearing

A.The agency shall, 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 student.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2083 (October 2008).

§620.Result of Hearing

A.If, as a result of the hearing, the agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall amend the information accordingly and so inform the parent in writing.

B.If, as a result of the hearing, the agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent of the parent’s right to place in the records the agency maintains on the student a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.

C.Any explanation placed in the records of the student under this section shall:

1.be maintained by the agency as part of the records of the student as long as the record or contested portion is maintained by the agency; and
2.if the records of the student or the contested portion are disclosed by the agency to any party, the explanation shall also be disclosed to the party.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2083 (October 2008).

§621.Hearing Procedures

A.A hearing held under §619 shall be conducted according to the procedures in 34 CFR 99.22.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2083 (October 2008).

§622.Consent

A.Parental consent shall be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with Paragraph B.1 of this Section, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 CFR part 99.

B.1.Except as provided in Paragraphs B.2 and B.3 of this Section, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of these regulations.

2.Parental consent, or the consent of an eligible student who has reached the age of majority under state law, shall be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with §321.B.3.
3.If a student is enrolled, or is going to enroll in a private school that is not located in the LEA of the parent’s
residence, parental consent shall be obtained before any personally identifiable information about the student is released between officials in the LEA where the private school is located and officials in the LEA of the parent’s residence.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2083 (October 2008).

§623.Safeguards

A.Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

B.One official at each participating agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information.

C.All persons collecting or using personally identifiable information shall receive training or instruction regarding the state’s policies and procedures under §123 and 34 CFR part 99.

D.Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable 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 34:2083 (October 2008).

§624.Destruction of Information

A.The public agency shall inform parents when personally identifiable information collected, maintained, or used under these regulations is no longer needed to provide educational services to the student.

B.The information shall be destroyed at the request of the parents. However, a permanent record of a student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2083 (October 2008).

§625.Student’s Rights

A.The LDE shall have in effect policies and procedures regarding the extent to which students are afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the student and type or severity of disability.

B.Under the regulations for FERPA in 34 CFR 99.5(a), the rights of parents regarding education records are transferred to the student at age 18.

C.If the rights accorded to parents under part B of the IDEA are transferred to a student who reaches the age of majority, consistent with §520, the rights regarding educational records in §§613 through 624 shall also be transferred to the student. However, the public agency shall provide any notice required under section 615 of the IDEA to the student and the parents.

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

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2083 (October 2008).

§626.Enforcement

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

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