IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
information, as is consistent with the Act.
Discussion: The confidentiality rights and protections
contained in current §§303.402 and 303.460 have been
retained in §303.401(b) and have been explicitly referenced
in both §§303.401(b) and 303.402 of these regulations,
Act. Provisions concerning parents’ rights to inspect and
review their children’s records in current §303.402 are
incorporated in §303.401(b)(2). The substance of the note
following current §303.460, which concerns the applicable
confidentiality rights and protections afforded under
sections 617(c) and 642 of the Act, is now in §§303.401(b)
We have added language in §303.401(b) clarifying that,
as required under sections 617(c) and 642 of the Act, the
regulations in §§303.401 through 303.417 ensure the
protection of the confidentiality of any personally identifiable data, information, and records collected or maintained pursuant to this part by the Secretary and by participating agencies, including the State lead agency and EIS providers, in accordance with the Family Educational Rights and Privacy Act (FERPA) in 20 U.S.C. 1232g and 34 CFR part 99.
Changes: We have deleted in §303.401(b) the parenthetical