Serves K-12 schools, in the Northern Mariana Islands

NMIAC §§ 60-50-938 to 60-50-945 · Read the law's page

• If you are the Public School System or an early intervention service provider (a participating agency under Part C), protect the confidentiality of personally identifiable information of a child referred under Part C and the child's family at the collection, maintenance, use, storage, disclosure and destruction stages, and comply with the Part C confidentiality procedures (NMIAC 60-50-938(b), 60-50-943).
• If you are the Public School System, give parents, when a child is referred under Part C, notice that is adequate to fully inform them of the children on whom information is kept, the types of information sought, how it is gathered and used, the policies on storage, disclosure, retention and destruction, their rights under the Part C confidentiality provisions, and the extent to which the notice is given in the native languages of the population groups in the state (NMIAC 60-50-939).
• Let parents inspect and review early intervention records without unnecessary delay, before any meeting on the individualized family service plan or any hearing, and in no case more than 10 days after the request; respond to reasonable requests for explanations and interpretations; provide copies where failure to do so would effectively prevent inspection; let the parent's representative inspect and review; and give parents, on request, a list of the types and locations of the records (NMIAC 60-50-940(a), (d)).
• Provide at no cost a copy of each evaluation, assessment of the child, family assessment and individualized family service plan as soon as possible after each plan meeting, and do not charge a fee to search for or retrieve information (NMIAC 60-50-940(e)).
• Keep a record of each party that obtains access to early intervention records, other than parents, authorized representatives and the agency's own employees, naming the party, the date access was given and the purpose for which the party may use the records (NMIAC 60-50-940(b)).
• Decide a parent's request to amend an early intervention record within a reasonable period; if you refuse, tell the parent of the refusal and of the right to a hearing, hold the hearing on request, amend the information and inform the parent in writing if the hearing finds it inaccurate, misleading or in violation of rights, and otherwise tell the parent of the right to place in the records a statement commenting on the information, which you keep with the record and disclose with it (NMIAC 60-50-940(f), 60-50-941).
• Obtain parental consent before disclosing personally identifiable information to anyone other than authorized representatives, officials or employees of participating agencies, or using it for any purpose other than meeting a Part C requirement, and disclose it without consent only as the listed federal Part C provisions and the exceptions in section 99.31 of title 34 of the Code of Federal Regulations allow (NMIAC 60-50-942(a), (b)).
• If you are the Part C program, disclose to the Part B program and to the local educational agency where the child resides the child's name, date of birth and parent contact information, including parents' names, addresses and telephone numbers (NMIAC 60-50-938(d)).
• Assign one official at each participating agency to ensure the confidentiality of personally identifiable information, train every person who collects or uses it, and keep for public inspection a current listing of the names and positions of the employees who may have access to it (NMIAC 60-50-943).
• Inform parents when personally identifiable information is no longer needed to provide services to the child, and destroy it at the parents' request, except for the permanent record of the child's name, date of birth, parent contact information, service coordinators and providers, and exit data (NMIAC 60-50-944).