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commenter stated that this requirement conflicts with the FERPA and HIPAA confidentiality provisions.

Discussion: We agree with the commenters that it would not be appropriate to include language in the Part C regulations concerning the issue of limited disclosures of personally identifiable information in early intervention records that may be sought by P&A agencies and have removed

§303.414(d).

As the commenters stated, there are a number of statutory authorities that may apply to Part C records. Given the variety of factual circumstances to be considered--including the uncertainty as to what personally identifiable information will be sought about infants and toddlers with disabilities and the varying context

and purposes under which the information may be sought--

regulating could not address the specific circumstances in each particular case.

Changes: We have removed §303.414(d).

Comment: A commenter requested that the Department define

in §303.414 the term participating agency.

Discussion: The term participating agency as used in

§303.414 is defined in §303.403(c).

Changes: None.

Safeguards (§303.415)