Current through March 20, 2024
007.01 Confidential
Matters
The Department may withhold the following records from the
public as confidential documents, except as provided in 007.04:
007.01A Personal information regarding a
student, prospective student, or former student other than routine directory
information;
007.01B Medical
records in any form concerning any person;
007.01C Records or documents which represent
the work product of an attorney or public body;
007.01D Investigative records or documents
developed or received by the Department relating to possible unprofessional or
unethical conduct on the part of a school certificate holder; and
007.01E Any other record or document, the
release of which may cause needless injury to the reputation of a witness,
complainant, or other person.
007.02 Loss of Confidential Status
The records or documents outlined in 007.01 remain
confidential unless:
007.02A Publicly
disclosed in an open court, open administrative proceeding, or open meeting, or
disclosed by a public entity pursuant to its duties;
007.02B The Department agrees to the release
and the certificate holder waives confidentiality, either in writing or by
public disclosure of information, regarding the matter; or
007.02C The certificate holder voluntarily
surrenders his or her certificate(s), in which case the voluntary surrender
becomes public record, and information regarding any investigation may be
provided to any other state or federal agency.
007.03 Limited Disclosure
A limited disclosure of information is permitted in the
following situations:
007.03A The
sanction imposed with a dismissal, settlement agreement or other disposition of
a complaint or petition shall be reported to the complainant; and
007.03B An investigator may release
information necessary to identify the matter under investigation to potential
witnesses in the course of an investigation.
007.04 Specific Documents
The following provisions regarding confidentiality of various
documents shall apply:
007.04A A
complaint shall not be made public;
007.04B An investigator's report shall not be
made public;
007.04C A petition
shall be a public record upon filing;
007.04D An answer shall be a public record
upon filing;
007.04E A settlement
agreement shall not be made public, except as provided in
007.03A;
007.04F A final order shall be a public
record upon filing; and
007.04G A
reinstatement application shall be a public record upon filing.
007.05 Deletion of Information
Any record or document to be made public which contains
information that may cause needless injury to a complainant, witness, or other
person, or information that may lead to the personal identification of a
student, shall be deleted from every record before being made public.
007.06 Purpose
This section is intended to protect the public interest and
to prevent needless injury to the reputation of a certificate holder, witness,
complainant, or other person. This section is not intended to prohibit the
exchange of confidential information with other agencies authorized by the
Board to receive such information.
