D.C. Mun. Regs. tit. 5-A, § 3030
Confidentiality of Education Records
Effective Jul 1, 2022Published May 27, 202269 DCR 005902Authority: Sections 3(b)(8), 3(b)(9), 3(b)(10), 3(b)(11), and 3(b)(15) of the State Education Office Establishment Act of 2000, effective October 21, 2000, (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(8), (b)(9), (b)(10), (b)(11) and (b)(15) (2018 Repl.)); Sections 102(b) and 202(b) of the Enhanced Special Education Services Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-195; D.C. Official Code §§ 38-2614(a)(1) & (b) and 38-2561.02(a)(2018 Repl.)); Section 115 of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code § 38-2561.15) (2018 Repl.)); Mayor’s Order 2007-149, dated June 28, 2007; Part B and Part C of the Individuals with Disabilities Education Act, approved December 3, 2004 (Pub. L. 108-446; 118 Stat. 2647; 20 U.S.C. § 1400 et seq.) (“IDEA”) and regulations promulgated thereunder at 34 C.F.R. Parts 300 and 303; and Title I, Subpart A and Title III, Subpart A of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (Pub. L. 89-10, 79 Stat. 27), as amended by the Every Student Succeeds Act, approved December 10, 2015 (Pub. L. 114-95, 129 Stat. 1802; 20 U.S.C. §§ 6311-6339 and §§ 6811-6861) and Section 204(f) of the Equal Educational Opportunities Act of 1974, approved August 21, 1974 (Pub. L. 93-380; 88 Stat. 514; 20 U.S.C. § 1703(f)). Source: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).District of Columbia, Office of the Secretary
3030.1 In accordance with the confidentiality procedures of IDEA and the Family Educational Rights and Privacy Act (FERPA), (20 U.S.C. § 1232g), the parent of a child with a disability shall be given the opportunity to inspect, review, and to copy, at no cost to the parent, all of the child's records relating to the identification, evaluation, and educational placement, and the provision of FAPE.
3030.2 The LEA shall ensure the confidentiality of personally identifiable information in accordance with IDEA and FERPA.
3030.3 The LEA shall develop a process, including an opportunity for a hearing, for a parent to correct information in a child's record as follows:
(a) A parent who believes that information in the education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child may request the LEA that maintains the information to amend the information;
(b) The LEA shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request; and
(c) If the LEA decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal in writing, including information advising the parent of the right to a hearing under 34 C.F.R. § 300.619.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).