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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.

electronically in order to be consistent with the FERPA and HIPAA requirements.

Discussion: This requirement is necessary because the public has a right to know who may have access to personally identifiable information about their child and family. The method a participating agency uses to

implement the provisions in §303.415(d) is best left to the

participating agency to determine. The agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information, regardless of whether such information is maintained electronically or as a written record.

Changes: None.

Destruction of information (§303.416)

Comment: None.

Discussion: For consistency within the confidentiality regulations that apply to participating agencies in

§§303.402 through 303.417, we have replaced the reference

to “public agency” in §303.416(a) with the term

“participating agency.”

Changes: We have replaced the reference to “public agency”

with “participating agency” in §303.416(a).

Comment: A few commenters expressed concern that we have