Law / United States / 
Northern Mariana Islands
Special Education Program rules: confidentiality, access, consent and safeguards for personally identifiable information in special education records
NMIAC §§ 60-50-530 to 60-50-541
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Data subject rights, Disclosure, Governance, Retention, Security
What it requires
- If you are the Public School System or a school that collects, maintains or uses personally identifiable information under Part B of the Individuals with Disabilities Education Act, protect the confidentiality of that information at the collection, storage, disclosure and destruction stages (NMIAC 60-50-540(a)).
- Give parents notice adequate to fully inform them about the confidentiality of personally identifiable information: the children on whom it is kept, the types of information sought, the methods and sources used to gather it, the uses to be made of it, the policies on its storage, disclosure to third parties, retention and destruction, and the rights of parents and children under the Family Educational Rights and Privacy Act (NMIAC 60-50-531(a)).
- Assign one official at each school to ensure the confidentiality of personally identifiable information, train every person who collects or uses it, and keep for public inspection a current list of the names and positions of the employees who may have access to it (NMIAC 60-50-540(b) to (d)).
- Obtain the parent's consent before disclosing personally identifiable information to parties other than officials of participating agencies, unless the information is in education records and the Family Educational Rights and Privacy Act authorizes disclosure without consent, and obtain the consent of the parent, or of an eligible child who has reached the age of majority, before releasing it to officials of participating agencies that provide or pay for transition services (NMIAC 60-50-539(a), (b)).
- Comply with a parent's request to inspect and review education records without unnecessary delay and within 45 calendar days of the request, and keep a record of every party that obtains access, with the date and the purpose (NMIAC 60-50-532(a), 60-50-533).
- Inform the parent when personally identifiable information is no longer needed to provide educational services, and destroy it at the parent's request, except for the permanent record of name, address, phone number, grades, attendance, classes attended, grade level and year completed (NMIAC 60-50-541).
These lines are LexLint's reading of the law's text.
What this law does
Subpart D of the Special Education Program Rules requires the Public School System to protect the confidentiality of personally identifiable information at the collection, storage, disclosure and destruction stages.
The System must give parents notice adequate to fully inform them about the confidentiality of personally identifiable information, including the children on whom it is kept, the types of information sought, how and from whom it is gathered, the uses to be made of it, and the policies on its storage, disclosure to third parties, retention and destruction. One official at each school must assume responsibility for ensuring the confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information must receive training or instruction on the confidentiality policies and procedures under Part B of the Individuals with Disabilities Education Act and the Family Educational Rights and Privacy Act. The System must maintain for public inspection a current listing of the names and positions of the employees who may have access to personally identifiable information.
A parent's consent must be obtained before personally identifiable information is disclosed to parties other than officials of participating agencies, unless the information is in education records and the Family Educational Rights and Privacy Act authorizes disclosure without parental consent. The System must comply with a parent's request to inspect and review education records without unnecessary delay and in no case more than 45 calendar days after the request.
The System must keep a record of parties obtaining access to education records, including the name of the party, the date access was given and the purpose for which the party is authorized to use the records.
The System must inform the parent when the information is no longer needed to provide educational services to the child, and the information must be destroyed at the parent's request, although a permanent record of the child's name, address and phone number, grades, attendance record, classes attended, grade level completed and year completed may be kept without time limitation.
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