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U.S. Department of Education: Promoting Educational Excellence for all Americans
Regulations: Part 300 / F

Subpart F--Monitoring, Enforcement, Confidentiality, and Program Information

Sec. 300.600 State monitoring and enforcement.

Sec. 300.601 State performance plans and data collection.

Sec. 300.602 State use of targets and reporting.

Sec. 300.603 Secretary's review and determination regarding State performance.

Sec. 300.604 Enforcement.

Sec. 300.605 Withholding funds.

Sec. 300.606 Public attention.

Whenever a State receives notice that the Secretary is proposing to take or is taking an enforcement action pursuant to Sec.300.604, the State must, by means of a public notice, take such actions as may be necessary to notify the public within the State of the pendency of an action pursuant to Sec.300.604, including, at a minimum, by posting the notice on the SEA's Web site and distributing the notice to the media and through public agencies.

Sec. 300.607 Divided State agency responsibility.

For purposes of this subpart, if responsibility for ensuring that the requirements of Part B of the Act are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons is assigned to a public agency other than the SEA pursuant to Sec. 300.149(d), and if the Secretary finds that the failure to comply substantially with the provisions of Part B of the Act are related to a failure by the public agency, the Secretary takes appropriate corrective action to ensure compliance with Part B of the Act, except that--

Sec. 300.608 State enforcement.

Sec. 300.609 Rule of construction.

Nothing in this subpart shall be construed to restrict the Secretary from utilizing any authority under GEPA, including the provisions in 34 CFR parts 76, 77, 80, and 81 to monitor and enforce the requirements of the Act, including the imposition of special conditions under 34 CFR 80.12.

Sec. 300.610 Confidentiality.

The Secretary takes appropriate action, in accordance with section 444 of GEPA, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by SEAs and LEAs pursuant to Part B of the Act, and consistent with Sec. Sec. 300.611 through 300.627.

Sec. 300.611 Definitions.

As used in Sec. Sec. 300.611 through 300.625--

Sec. 300.612 Notice to parents.

Sec. 300.613 Access rights.

Sec. 300.614 Record of access.

Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the Act (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.

Sec. 300.615 Records on more than one child.

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

Sec. 300.616 List of types and locations of information.

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

Sec. 300.617 Fees.

Sec. 300.618 Amendment of records at parent's request.

Sec. 300.619 Opportunity for a hearing.

The agency 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.

Sec. 300.620 Result of hearing.

Sec. 300.621 Hearing procedures.

A hearing held under Sec. 300.619 must be conducted according to the procedures in 34 CFR 99.22.

Sec. 300.622 Consent.

Sec. 300.623 Safeguards.

Sec. 300.624 Destruction of information.

Sec. 300.625 Children's rights.

Sec. 300.626 Enforcement.

The SEA must have in effect the policies and procedures, including sanctions that the State uses, to ensure that its policies and procedures consistent with Sec. Sec. 300.611 through 300.625 are followed and that the requirements of the Act and the regulations in this part are met.

Sec. 300.627 Department use of personally identifiable information.

If the Department or its authorized representatives collect any personally identifiable information regarding children with disabilities that is not subject to the Privacy Act of 1974, 5 U.S.C. 552a, the Secretary applies the requirements of 5 U.S.C. 552a(b)(1) and (b)(2), 552a(b)(4) through (b)(11); 552a(c) through 552a(e)(3)(B); 552a(e)(3)(D); 552a(e)(5) through (e)(10); 552a(h); 552a(m); and 552a(n); and the regulations implementing those provisions in 34 CFR part 5b.

Sec. 300.640 Annual report of children served--report requirement.

Sec. 300.641 Annual report of children served--information required in the report.

Sec. 300.642 Data reporting.

Sec. 300.643 Annual report of children served--certification.

The SEA must include in its report a certification signed by an authorized official of the agency that the information provided under Sec. 300.640 is an accurate and unduplicated count of children with disabilities receiving special education and related services on the dates in question.

Sec. 300.644 Annual report of children served--criteria for counting children.

The SEA may include in its report children with disabilities who are enrolled in a school or program that is operated or supported by a public agency, and that--

Sec. 300.645 Annual report of children served--other responsibilities of the SEA.

In addition to meeting the other requirements of Sec. Sec. 300.640 through 300.644, the SEA must--

Sec. 300.646 Disproportionality.