Law / United States / 
Rhode Island
Special education regulations: confidentiality of information about a child with a disability, access to education records and incorporated federal safeguards
In force since .
A data subject rights rule binding government bodies.
- Obligation class
- Data subject rights, Security, Governance
- Audit expectation
- none
What it requires
- If you are a participating agency under the Rhode Island special education regulations, permit parents to inspect and review any education records relating to their children that you collect, maintain, or use under the Part, without unnecessary delay, before any individualized education program meeting or specified hearing or resolution session, and in no case more than ten calendar days after the request (200-RICR-20-30-6.9.2(C)).
- Handle consent, safeguards of confidentiality and destruction of information about a child with a disability as 34 C.F.R. secs. 300.622, 300.623 and 300.624 provide, which the Part incorporates by reference (200-RICR-20-30-6.9.2(L) to (N)).
- Keep the record of access to a child's education records that 34 C.F.R. sec. 300.614 requires, which the Part incorporates by reference (200-RICR-20-30-6.9.2(D)).
- If you are the state education agency, give parents the notice that 34 C.F.R. sec. 300.612 requires, which the Part incorporates by reference (200-RICR-20-30-6.9.2(B)).
- Handle records on more than one child, the list of types and locations of education records, fees, amendment of records at a parent's request and the hearing on a challenged record as 34 C.F.R. secs. 300.615 to 300.621 provide, which the Part incorporates by reference (200-RICR-20-30-6.9.2(E) to (K)).
These lines are LexLint's reading of the law's text.
What record it asks for
What the log must hold
Access record
Logging duty
Section 6.9.2(D) names a record of access to a child's education records and provides that it is kept in accordance with 34 C.F.R. sec. 300.614, which the Part incorporates by reference. The Part's own text states no contents, period or regulator access for that record.
- Kind
- Explicit
- As of
- Provision
- 200-RICR-20-30-6.9.2(D)
- Trigger
- personal_data_processing
What this law does
Section 6.9.2(C) of 200-RICR-20-30-6 requires each participating agency to permit parents to inspect and review any education records relating to their children that the agency collects, maintains, or uses under the Part, without unnecessary delay and in no case more than ten calendar days after the request.
Section 6.9.2(L) to (N) of 200-RICR-20-30-6 provides that consent, safeguards of confidentiality and destruction of information are in accordance with sections 300.622, 300.623 and 300.624 of title 34 of the Code of Federal Regulations, which the Part incorporates by reference. Section 6.9.2(D) of 200-RICR-20-30-6 provides that the record of access is in accordance with section 300.614 of title 34 of the Code of Federal Regulations, which the Part incorporates by reference.
Section 6.9.2(B) of 200-RICR-20-30-6 provides that the state education agency gives notice to parents in accordance with section 300.612 of title 34 of the Code of Federal Regulations, which the Part incorporates by reference. Section 6.3(A) of 200-RICR-20-30-6 adopts and incorporates Part 300 of title 34 of the Code of Federal Regulations as of December 2018 by reference, only to the extent that its provisions are not inconsistent with the Part.
Section 6.1 of 200-RICR-20-30-6 states that the Part is promulgated pursuant to chapter 16-24 of the Rhode Island General Laws and the Individuals with Disabilities Education Act. The Part was adopted effective . The Part was refiled effective with no changes to its text.
Section 6.9.2(E) to (K) of 200-RICR-20-30-6 provides that records on more than one child, the list of types and locations of information, fees, amendment of records at a parent's request, the opportunity for a hearing, the result of a hearing and hearing procedures are in accordance with sections 300.615 to 300.621 of title 34 of the Code of Federal Regulations, which the Part incorporates by reference.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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