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(a) Each district shall obtain written consent of a parent before disclosing, for any purpose other than meeting the requirements of this chapter, personally identifiable information relating to that parent's child, that is collected, maintained, or used by the district under this chapter, to any person other than
(1) a school official, including a teacher or a contract service provider, who has a legitimate educational interest;
(2) an official of a school or school system to which the student transfers enrollment or intends to enroll, upon condition that a parent be notified of the disclosure, offered a copy of the record, and notified of the parent's right to request amendment of the record under 4 AAC 52.520; and
(3) a representative of the federal comptroller general, United States Department of Education, or the department.
(b) If a parent refuses to consent to the release of a record, the district may initiate a hearing conducted according to procedures set out in 34 C.F.R. 99.22, as revised as of July 1, 1999.
(c) If a child with a disability transfers to another school, each district shall transmit with other student records, including the child's current IEP, all statements of current and previous disciplinary action regarding the child, to the same extent that disciplinary information would be included in and transmitted with the records of a child without a disability.
(d) Statements of disciplinary action must include a description of
(1) the behavior engaged in by the child that required the disciplinary action;
(2) the action taken; and
(3) any other information that is relevant to the safety of the child and other individuals involved with the child.
(e) To the extent permitted by 20 U.S.C. 1232g (the Family Educational Rights and Privacy Act), a district that reports a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.
History: Eff. 7/1/83, Register 86; am 8/22/2001, Register 159; am 8/9/2002, Register 163
Authority: AS 14.07.060
Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.
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Last modified 7/05/2006