05-071-101 Me. Code R. § XIV
Each school administrative unit shall adopt and implement procedures to protect the confidentiality of student records, in accordance with the federal Family Educational Rights and Privacy Act of 1974 and the Individuals with Disabilities Education Act.
NOTE: Copies of the Family Educational Rights and Privacy Act and the Individuals with Disabilities Education Act are available from the Special Services Team, Maine Department of Education.
The following terms shall have the definitions set forth here for purposes of these rules:
Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.
Education records means the type of records covered under the definition of educational records in 34 CFR Part 99 (regulation implementing the Family Educational Rights and Privacy Act of 1974,[(FERPA) 20 USC 1232g]
Participating agency means any agency or institution which collects, maintains, or uses personally identifiable information, or from which information is obtained, under these rules.[34 CFR 300.611]
Each SAU must permit parents to inspect and review any education records relating to their child which are collected, maintained, or used by the SAU under these regulations. The SAU must comply with a request without unnecessary delay and before any meeting regarding an IEP or any hearing pursuant to 34 CFR 300.507 or 300.530 through 300.532, or resolution session pursuant to 34 CFR 300.510, and in no case more than 45 days after the request has been made under Part B and no more than 10 days after the parent makes the request to inspect and review records under Part C [34 CFR 303.405(a)] .
The right to inspect and review education records under this section includes:
An SAU may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State law governing such matters as guardianship, separation, and divorce. [34 CFR 300.613]
Each SAU must keep a record of parties obtaining access to education records collected, maintained, or used under part B of IDEA (except for access by parents and authorized employees of the school), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. [34 CFR 300.614]
If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information. [34 CFR 300.615]
Each SAU must provide parents on request a list of the types and locations of educational records collected, maintained, or used by the SAU. [34 CFR 300.616]
An SAU may charge a fee for copies of records that are made for parents under this rule if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.
An SAU may not charge a fee to search for or to retrieve information under these regulations. [34 CFR 300.617]
The SAU must, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. [34 CFR 300.619]
If, as the result of the hearing, the hearing officer decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the SAU shall amend the information accordingly and so inform the parent in writing.
If, as the result of the hearing, the hearing officer decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the hearing officer must inform the parent of the right to place in records the SAU maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the SAU.
Any explanation placed in the education record of the child under this section shall:
Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with paragraph 3 of this section, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 CFR 99.
Except as provided in paragraphs 3 and 4 of this section, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this rule.
Parental consent, or the consent of an eligible child who has reached the age of majority under State law (age 18 in Maine), must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with 34 CFR 300.321(b)(3).
If a child is enrolled, or is going to enroll in a private school that is not located in the SAU of the parent's residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the SAU where the private school is located and officials in the SAU of the parent's residence. [34 CFR 300.622]
Each SAU must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
The superintendent of each SAU, each school director, and each regional CDS site director shall appoint an individual to be responsible for ensuring the confidentiality of education records and training other staff.
All persons collecting or using personally identifiable information must receive training or instruction regarding the federal law, state and local policies and procedures for ensuring confidentiality.
Each SAU must maintain, for public inspection, a current listing of the names and positions of those employees within the SAU who may have access to personally identifiable information. [34 CFR 300.623]
The SAU must inform parents when personally identifiable information collected, maintained, or used under this part is no longer needed to provide educational services to the child.
The information must be destroyed at the request of the parents. However, a permanent record of a child's name, address, phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed shall be maintained without time limitations. [34 CFR 300.624]
NOTE: Education records pertaining to children with disabilities may be useful in the future to the child or their parents if application is made for federal benefits.
NOTE: For the most up-to-date information on the State of Maine's Rules for Disposition of Local Government Records (which includes educational records) please see the Maine State Archives website:www.state.me.us/sos/arc
05-071 C.M.R. ch. 101, § XIV