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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,

consistent with sections 617(c), 639(a)(2), and 642 of the

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)

and 303.402.

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