Rhode Island Code of Regulations
Title 200 - Board of Education
Chapter 20 - Council on Elementary and Secondary Education
Subchapter 30 - Student Supports
Part 6 - Regulations Governing the Education of Children with Disabilities
Section 200-RICR-20-30-6.9 - Monitoring, Enforcement, Confidentiality, and Program Information

Universal Citation: 200 RI Code of Rules 20 30 6.9

Current through September 18, 2024

6.9.1 Monitoring, Technical Assistance, and Enforcement

State Monitoring and enforcement shall be in accordance with 34 C.F.R. § 300.600, incorporated by reference above.

6.9.2 Confidentiality of Information

A. As used in § 6.9.2 of this Part, the definitions of "destruction," "education records," and "participating agency" shall be in accordance with 34 C.F.R. § 300. 611, incorporated by reference above.

B. Notice to parents shall be given by the SEA in accordance with 34 C.F.R. § 300. 612, incorporated by reference above.

C. Access rights shall be in accordance with 34 C.F.R. § 300.613, incorporated by reference above; provided, however:

1. Under 34 C.F.R. § 300.613(a), each participating agency must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under this part. The agency must comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to §§6.8.1(H) or 6.8.2(A) through (C) of this Part, or resolution session pursuant to §6.8.1(K) of this Part, and in no case more than ten (10) calendar days after the request has been made.

D. Record of access shall be in accordance with 34 C.F.R. § 300.614, incorporated by reference above.

E. Records on more than one child shall be in accordance with 34 C.F.R. § 300. 615, incorporated by reference above.

F. List of types and locations of information shall be in accordance with 34 C.F.R. § 300. 616, incorporated by reference above.

G. Fees shall be in accordance with 34 C.F.R. § 300.617, incorporated by reference above.

H. Amendment of records at parent's request shall be in accordance with 34 C.F.R. § 300.618, incorporated by reference above.

I. Opportunity for a hearing shall be in accordance with 34 C.F.R. § 300.619, incorporated by reference above.

J. Result of hearing shall be in accordance with 34 C.F.R. § 300.620, incorporated by reference above.

K. Hearing procedures shall be in accordance with 34 C.F.R. § 300.621, incorporated by reference above.

L. Consent shall be in accordance with 34 C.F.R. § 300.622, incorporated by reference above.

M. Safeguards of confidentiality shall be in accordance with 34 C.F.R. § 300.623, incorporated by reference above.

N. Destruction of information shall be in accordance with 34 C.F.R. § 300.624, incorporated by reference above.

6.9.3 Reports - Program Information

A. Disproportionality. Disproportionality shall be in accordance with 34 C.F.R. § 300. 646, incorporated by reference above.

B. Determining significant disproportionality shall be in accordance with 34 C.F.R § 300. 647, incorporated by reference above.

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