Section Ed 1119.01 - Confidentiality Requirements(a) For the purposes of this section "adult student" means "adult student" as defined in 20 USC 1232g(d).(b) Each participating agency shall comply with 34 CFR 300.610-300.627, relative to confidentiality of information, including compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232G, (FERPA) and its implementing regulations in 34 CFR Part 99.(c) Each LEA and private provider of special education shall adopt a policy regarding the retention and destruction of special education records pursuant to RSA 186-C:10-a.(d) An LEA may retain and store the student's special education records in electronic form or any other form. An LEA shall provide a parent or adult student a written notice of its document destruction policies upon the student's graduation with a regular high school diploma or at the transfer of rights or whichever occurs first. The LEA shall provide public notice of its document destruction policy at least annually.(e) A private provider of special education may destroy a student's special education records prior to the student's 26th birthday if the private provider of special education has sent all of the student's records or copies of such records to the most recent LEA of record. A private provider of special education may retain and store the student's special education records in electronic form or any other form. A private provider of special education shall provide a parent or adult student a copy of its document destruction policy upon the student's discharge from the private provider of special education.(f) Each participating agency shall comply with the safeguard provisions of 34 CFR 300.623. The department or the LEA shall provide notice to parents in accordance with 34 CFR 300.612.N.H. Admin. Code § Ed 1119.01
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.Amended by Volume XL Number 19, Filed May 7, 2020, Proposed by #13026 , Effective 4/10/2020, Expires 4/10/2030.