CONFIDENTIALITY OF INFORMATION
Confidentiality of Information
Definitions As used under the heading Confidentiality of Information:
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Destruction means physical destruction or removal of personal identifiers from information, or from which information is obtained, under Part B of the IDEA information so that the information is no longer personally identifiable.
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Education records means the type of records covered under the definition of ‘‘education records’’ in 34 CFR Part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)).
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MOE means any school that collects, maintains, or uses personally identifiable.
Personally Identifiable Personally identifiable means information that has:
- The child's name, the name of the parent, or the name of another family member;
- The child's address;
- A personal identifier, such as the child’s social security number or student number; or
- A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
Notice to Parents
The MOE gives notice that is adequate to fully inform parents about confidentiality of personally identifiable information, including:
- A description of the extent to which the notice is given in the native languages of the various population groups in Palau;
- A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods Palau intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;
- A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and
- A description of all of the rights of parents and children regarding this information, including the rights under the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations in 34 CFR Part 99.
Before any major activity to identify, locate, or evaluate activity children in need of special education and related services (also known as “child find”), the notice is published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout Palau of these activities.
Access Rights The MOE permits the parent to inspect and review any education records relating to the child that are collected, maintained, or used by the MOE under Part B of the IDEA. The MOE must comply with the parent’s request to inspect and review any education records on the child without unnecessary delay and before any meeting regarding an individualized education program (IEP), or any impartial due process hearing (including a resolution meeting or a hearing regarding discipline), and in no case more than 45 calendar days after the parent has made a request. The parent right to inspect and review education records includes:
- The right to a response from the MOE to reasonable requests for explanations and interpretations of the records;
- The right to request that the MOE provide copies of the records if the parent cannot effectively inspect and review the records unless the parent receive those copies; and
- The right to have his/her representative inspect and review the records. The MOE presumes that the parent has the authority to inspect and review records relating to the child unless advised that the parent does not have the authority under applicable Palau law governing such matters as guardianship, or separation, and divorce.
Record of Access The MOE keeps a record of parties obtaining access to education records collected, maintained, or used under Part B of the IDEA (except access by parents and authorized employees of the MOE), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
Records on more than one child 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.
List of Types and Locations of Information On request, the MOE provides the parent with a list of the types and locations of education records collected, maintained, or used by the MOE.
Fees The MOE may charge a fee for copies of records that are made for the parent under Part B of the IDEA, if the fee does not effectively prevent the parent from exercising his/her right to inspect and review those records. The MOE may not charge a fee to search for or to retrieve information under Part B of the IDEA.
Amendment of Records at Parent’s Request If the parent believes that information in the education records regarding the child collected, maintained, or used under Part B of the IDEA is inaccurate, misleading, or violates the privacy or other rights of the child, the parent may request the MOE that maintains the information to change the information.
The MOE must decide whether to change the information in accordance with the parent’s request within a reasonable period of time of receipt of the parent request.
If the MOE refuses to change the information in accordance with the parent’s request, it must inform the parent of the refusal and advise the parent of the right to a hearing for this purpose as described under the heading Opportunity For a Hearing.
Opportunity for a Hearing The MOE provides the parent, on request, an opportunity for a hearing to challenge information in education records regarding the child to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.
Hearing Procedures A hearing to challenge information in education records must be conducted according to the procedures for such hearings under the Family Educational Rights and Privacy Act (FERPA).
Result of Hearing If, as a result of the hearing, the MOE decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it must change the information accordingly and inform the parent in writing. If, as a result of the hearing, the MOE decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must inform the parent of the right to place in the records that it maintains on the child a statement commenting on the information or providing any reasons the parent disagrees with the decision of the MOE.
Such an explanation placed in the records of the child must:
- Be maintained by the MOE as part of the records of the child as long as the record or contested portion is maintained by the MOE; and
- If the MOE discloses the records of the child or the challenged portion to any party, the explanation must also be disclosed to that party.
Consent For Disclosure of Personally Identifiable Information Unless the information is contained in education records, and the disclosure is authorized without parental consent under the Family Educational Rights and Privacy Act (FERPA), the parent’s consent is obtained before personally identifiable information is disclosed to parties other than officials of participating agencies. Except under the circumstances specified below, parent consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of Part B of the IDEA.
Parent consent, or consent of an eligible child who has reached the age of majority under Palau law, is obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.
If the child is in, or is going to go to, a private school that is not located in Palau, parent consent is obtained before any personally identifiable information about the child is released between officials in the state or territory where the private school is located and officials in the MOE school where the child resides.
Safeguards The MOE protects the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
One official at each school of the MOE assumes responsibility for ensuring the confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information receives training or instruction regarding the school’s policies and procedures regarding confidentiality under Part B of the IDEA and the Family Educational Rights and Privacy Act (FERPA).
The MOE maintains, for public inspection, a current listing of the names and positions of those employees within the MOE who may have access to personally identifiable information.
Destruction of Information The MOE informs the parent when personally identifiable information collected, maintained, or used under Part B of IDEA is no longer needed to provide educational services to the child.
The information is destroyed at the parent request. However, a permanent record of the child’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.