Child Find
NHACS insures that the criteria on confidentiality of personally identifiable information are met.
1. NHACS permits parents to inspect and review any educational records relating to their students that are collected, maintained, or used by NHACS. NHACS complies with a request without unnecessary delay and before any meeting regarding an IEP or hearing relating to the identification, evaluation, or delivery of services to the student and in no case more than 45 days after the request has been made.
2. The right to inspect and review educational records under this section includes:
a. The right to a response from NHACS to reasonable requests for explanations and interpretations of the records;
b. The right to request that NHACS provide copies of the records containing the information failure to provide those copies would effectively prevent the parent(s) from exercising the right to inspect and review the records; and
c. The rights to have an authorized representative of the parent(s) inspect and review the records.
d. NHACS presumes that the parent(s) has authority to inspect and review records relating to his or her student unless NHACS has been advised that the parent(s) does not have the authority under applicable State law governing such matters as guardianship, custody, separation and divorce.
NHACS keeps a record of parties obtaining access to educational records collected, maintained or used, including the name of the party, the date access was given and the purpose for which the party is authorized to use the records.
If any educational record includes information on more than one student, the parents of those students have the right to inspect and review only the information relating to their student or to be informed of that specific information.
NHACS provides the parent(s) on request a list of the types and locations of educational records collected, maintained or used by NHACS.
1. NHACS does not charge a fee for copies of records that are made for the parent(s) to ensure that parent(s) may exercise the right to inspect and review those records.
2. NHACS does not charge a fee to search for or to retrieve information.
1. A parent(s) who believes that information in educational records collected, maintained or used is inaccurate or misleading or violates the privacy or other rights of the student, may request NHACS to amend the information.
2. NHACS decides whether to amend the information in accordance with the request within a reasonable period of time following receipt of the request.
3. If NHACS decides to refuse to amend the information in accordance with the request, it informs the parent(s) of the refusal and advises the parent(s) of the right to a hearing.
Opportunity For A Hearing
NHACS provides, on request, an opportunity for a hearing to challenge information in educational records to insure that it is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student.
1. If, as a result of the hearing, NHACS decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it will amend the information accordingly and so informs the parent(s) in writing.
2. If, as a result of the hearing, NHACS decides that the information is not inaccurate, misleading, or in violation of the privacy or other rights of the student, it will inform the parent(s) of their right to place a statement commenting on the information or setting forth any reasons for disagreeing with the decision of NHACS, in the student’s record.
3. NHACS will maintain any explanation placed in the records of the student as part of the records of the student as long as NHACS maintains the record or contested portion. If NHACS discloses the records of the student or the contested portion(s) to any party, the explanation will also be disclosed to the party.
A hearing is conducted according to the procedures under the Family Educational Rights and Privacy Act (FERPA)(34 CFR Part 99) as described in 6.5.2 NMAC.
1. Parental consent is obtained before personally identifiable information is:
a. Disclosed to anyone other than officials of public education agencies collecting or using the information, subject to item (2) of this paragraph; or
b.. Used for any purpose other than meeting a requirement under SBE regulations.
2. NHACS does not release information from educational records to other public education agencies without parental consent unless authorized to do so under FERPA.
1. NHACS protects the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages.
2. One official at NHACS assumes responsibility for insuring the confidentiality of any personally identifiable information.
3. All persons collecting or using personally identifiable information receive training or instruction regarding FERPA.
4. NHACS maintains, for public inspection, a current listing of the names and positions of employees within NHACS who may have access to personally identifiable information.
1. NHACS informs the parent(s) when personally identifiable information that is collected, maintained or used is no longer needed to provide educational services to the student.
2. The information is destroyed at the request of the parent(s) or, at their option, the records will be given to the parents. In either event, a permanent record of a student's name, address, phone number, his or her grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.
3. The personally identifiable information on a student with a disability may be retained permanently unless the parent(s) requests that it be destroyed. Destruction of records is the best protection against improper and unauthorized disclosure. However, the records may be needed for other purposes. In informing the parent(s) about rights under these rules, NHACS will remind the parent(s) that the records may be needed by the student or the parent(s) for social security benefits or other purposes. If the parent(s) requests that the information be destroyed, NHACS may retain the information in paragraph (2).
4. The Special Education Coordinator, or designee, informs the parents in writing of the maintenance and destruction requirements of NHACS at the time the student leaves special education and related services.
1. NHACS gives adequate notice to fully inform parents about the requirements pertaining to the confidentiality of personally identifiable information, including a:
a. description of the extent that the notice is given in native languages of the various population groups in the district;
b. description of the students on whom personally identifiable information is maintained, the types of information sought, the methods NHACS intends to use in gathering the information (including the sources from whom information is gathered) and the uses to be made of the information;
c. summary of the policies and procedures that NHACS follows regarding storage, disclosure, retention and destruction of personally identifiable information; and
d. description of all of the rights of parents and students regarding this information, including rights under FERPA.
2. Before any major identification, location, or evaluation activity, the notice is published or announced in newspapers, the NHACS website and/ or other media with circulation adequate to notify NHACS parents.
NHACS assures that students are afforded rights of privacy similar to those afforded parents, taking into consideration the age of the student and the nature of the student's disability.
