Section 52168 - Amendment of Records at Parental Request(a) A parent, who believes that information in a regional center's or LEA's records is inaccurate or misleading or violates the privacy or other rights of an infant or toddler or family, may request that the director of the regional center or the Superintendent of the LEA amend or remove the information over which the regional center or LEA has authority.(b) The service coordinator, upon request, shall assist a parent in communicating with those persons who created information contained in the record, when the regional center or LEA did not originate the information which the parent believes is inaccurate, misleading, or violates the privacy or other rights of an infant or toddler or family.(c) No later than 14 days after receipt of the request for amendment or removal of information from a record, the regional center or LEA shall notify the parent if the request has been denied and advise the parent of the right to a meeting with the Director of the regional center or the Superintendent of the LEA pursuant to Title 34 Code of Federal Regulations, Section 99.20(c).(d) If the result of the meeting is that the record will not be amended, the regional center or LEA shall inform the parent of the right to place, in the record maintained on the infant or toddler, a statement commenting on the information contained in the record or setting forth any reasons for disagreeing with the contents of any document in the child's records, regardless of whether the document was created by the regional center or LEA or by any other agency or individual.(e) Any statement placed in the record of the infant or toddler pursuant to subsection (d) above shall: (1) Be kept by the regional center or LEA as part of the record of the infant or toddler as long as the contested portion of the record is maintained by the regional center or LEA; and,(2) Accompany the record of the infant or toddler if the contested portion is disclosed by the regional center or LEA.Cal. Code Regs. Tit. 17, § 52168
1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (b) (Register 98, No. 5).
3. New section, including amendment of subsection (e) and NOTE, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-98 order, including amendment of subsections (c)-(e) and NOTE, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31). Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Sections 300.566, 300.567, 300.569 and 303.460, Title 34 Code of Federal Regulations.
1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (b) (Register 98, No. 5).
3. New section, including amendment of subsection (e) and Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-98 order, including amendment of subsections (c)-(e) and Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).