IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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misleading, or violates the privacy or other rights of the child.
Discussion: We agree that the protections in §§303.410(a)
and 303.412(a) and (b) should apply to information about the parent as well as the child, but do not agree that the right to amend a record extends to information about other family members. This is because the definition of
personally identifiable information in §303.29(d) includes
a list of personal characteristics or other information
that would make the child’s or parent’s identity easily
traceable. Therefore, we have added the reference to the parent, but not to the family. For the same reasons, we
have added this reference to the parent in §303.411.
Changes: We have added a reference to the parent in
§§303.410(a), 303.411, and 303.412(a) and (b).
Opportunity for a hearing (§303.411)
Comment: A few commenters stated that the requirements in
§303.411 are inconsistent with both the hearing procedures
in §303.413 and the relevant Part B requirements in 34 CFR
300.619, which require a hearing to challenge information
in a child’s record to be conducted in accordance with the
procedures under FERPA.
Discussion: We have clarified §303.411 by providing that
the parent may request a due process hearing if a State has