PURPOSE: This rule establishes the procedures for release of information and confidentiality of applicants and/or eligible individuals through Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and 34 CFR section 361.38.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Information about an applicant or eligible individual is safeguarded and will not be released without the individual’s or representative’s written permission except in the following situations:

   1. (A) Information will be released in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state laws or regulations, and in response to an order by a judge or other authorized judicial officer; and
   2. (B) To protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.
2. (2) An applicant’s or an eligible individual’s refusal to provide information may result in the denial of services.

3. (3) Information from an individual’s file must be requested in writing by the individual or the individual’s representative.

   1. (A) Upon the determination that information is harmful to the individual, information will not be released directly to the individual but will be released to court-appointed representatives or a third party chosen by the individual including an advocate, an adult member of the individual’s family, or a qualified medical or mental health professional.
4. (4) An applicant or eligible individual who believes that information in the individual’s record of services is inaccurate or misleading may request in writing that VR amend the information. If the information is not amended, the request for the amendment must be documented in the record of services.
5. (5) 34 CFR Part 361.38 is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, June 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/ dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: sections 161.092, 178.600, 178.610, and 178.620, RSMo 2016.* This rule previously filed as 5 CSR 90-4.110. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.130, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.