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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.

“(which contain confidentiality provisions under FERPA in

20 U.S.C. 1232g and its regulations in 34 CFR part 99)” and

added in §§303.401(b) and 303.402 language regarding the

implementation of the regulations in §§303.401 through

303.417 under sections 617(c) and 642 of the Act to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained pursuant to this part, in accordance with FERPA in 20 U.S.C. 1232g and 34 CFR part 99.

Comment: A few commenters recommended that the rights and protections afforded to parents concerning confidentiality and access to records be extended to foster families and agencies responsible for infants and toddlers who reside in out-of-home care.

Discussion: The confidentiality rights and protections in

§§303.401 through 303.417 are available to an individual

who meets the definition of a parent in §303.27, which

expressly includes foster parents, and any individual

appointed as a surrogate parent under §303.422. However,

§303.422(d)(2) excludes from serving as a surrogate parent

for a child, an employee of the lead agency or any other public agency or EIS provider that provides any services to the child or a family member of that child. Thus, the confidentiality rights and protections available to parents