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Regulations by Section and Attachment 1
(Analysis
of Comments and Changes)
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Subpart
E-Procedural Safeguards
Confidentiality
of Information
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§300.574
Children's rights.
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(a) The SEA shall provide policies and procedures regarding the
extent to which children are afforded rights of privacy similar to
those afforded to parents, taking into consideration the age of the
child and type or severity of disability.
(b) Under the regulations for the Family Educational Rights and
Privacy Act of 1974 (34 CFR 99.5(a)), the rights of parents regarding
education records are transferred to the student at age 18.
(c) If
the rights accorded to parents under Part B of the Act are
transferred to a student who reaches the age of majority, consistent
with §300.517, the rights regarding educational records in
§§300.562-300.573 must also be transferred to the student.
However, the public agency must provide any notice required under
section 615 of the Act to the student and the parents.
(Authority: 20 U.S.C. 1412(a)(8), 1417(c))
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Analysis
of Comments, Discussions and Changes from Attachment
1
Comment: Several commenters asked that the
substance of the notes following this section in the NPRM be
incorporated in the regulations.
Discussion: Because of the importance of
clarifying the relationship of parent and child rights under
IDEA and FERPA, including the new provisions of the IDEA
concerning transfer of rights at the age of majority, and
the general decision to eliminate all notes in these
regulations, the substance of the notes following this
section in the NPRM would be incorporated into the
regulations.
Changes: The substance of Notes 1 and 2
have been incorporated into the regulations.
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* The
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These Final Regulations were taken
from the Federal Register. They were formatted by Education
Development Center, Inc. for the IDEA Practices Web site, a
service of the OSEP-funded ASPIIRE and ILIAD IDEA
Partnership Projects at The Council for Exceptional
Children. The material was transferred to the discover IDEA CD 2002 by the Western Regional Resource Center. Every
attempt has been made to faithfully reproduce the original
content of the Regulations.
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