4 AAC 52.765. Protection of records.

(a) Each district shall protect the confidentiality of personally identifiable information contained in records collected, maintained, or in the custody of the district under this chapter at collection, storage, disclosure, and destruction stages. Each district shall

(1) assign to one employee the duty to protect the confidentiality of any personally identifiable information; and

(2) provide each employee who collects, maintains, or uses personally identifiable information with instruction regarding the obligations of the district under

(A) 34 C.F.R. Part 99, as revised as of July 1, 2006, and adopted by reference; and

(B) 34 C.F.R. 300.123, as revised as of October 13, 2006, and adopted by reference.

(b) If a record containing personally identifiable information is not needed by the district to provide educational services to the child under this chapter, the district shall inform the parent and offer the parent a copy of the record. The district shall destroy the record upon request of the parent. A record of the child’s name, address, telephone number, grades, attendance record, classes attended, grade level completed, and year completed must be maintained indefinitely.

(c) Each district shall maintain, for public inspection, a current list of the names and positions of employees within the district who have access to personally identifiable information contained in records collected, maintained, or used by the district under this chapter. The list must identify the person responsible under (b) of this section.

(d) Each district shall maintain a record of persons other than parents and the persons on the list described in (c) of this section who are provided access to records that are subject to this section, including the name of the person, agency affiliation, date of access, and the purpose for which access is provided.

(Eff. 8/22/2001, Register 159; am 8/9/2002, Register 163; am 8/30/2007, Register 183)

Statutory Authority:

Authority: AS 14.07.060AS 14.30.272AS 14.30.335

4 AAC 52.770. Program review.

(a) The department will monitor school district programs to insure compliance with the requirements of this chapter and with assurances given upon application for state or federal financial aid.

(b) Upon request by the department, a district shall provide

(1) a list of students receiving services under this chapter, including each student’s name, age, disability category, whether the student receives intensive services, related services, entry date, exit date, and placement;

(2) a list of all administrators, teachers, teacher aides, and related services personnel who provide special education services in the district, including, for certificated staff, the teacher certificate numbers; and

(3) any other information required by the department.

(c) At least 30 days before visiting a district for a scheduled program review, the department will provide written notice to the district of the date and purpose of the visit.

(d) The department will submit written results of program monitoring to the district within 60 days after completion of a visit under (a) of this section. The written results must include a statement of necessary corrective action.

(e) If the department determines that a district is substantially out of compliance with the requirements of this chapter, application requirements for state financial aid, or with assurances given for federal financial aid, it will conduct an entitlement review under 4 AAC 52.780 .

(Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 8/29/98, Register 147; am 8/22/2001, Register 159)

Statutory Authority:

Authority: AS 14.07.060AS 14.30.180 — AS 14.30.350

4 AAC 52.780. Entitlement review.

(a) The department may conduct an entitlement review of the records of a district at any time, notwithstanding the results of one or more program reviews under 4 AAC 52.770 , to ensure compliance with the requirements of this chapter, and with assurances given upon application for federal financial aid.

(b) The department will submit preliminary entitlement review findings to the district within 30 days after completion of the review.

(c) The district may submit to the department a written response to the preliminary entitlement review findings within 30 days after receipt of the findings by the district.

(d) Within 15 days after receipt of the response of a district to preliminary entitlement review findings, the department will, in its discretion, or the district may, pursue additional means to resolve any issues in dispute between them.

(e) After expiration of the period set out in (d) of this section, the department will issue final entitlement review findings. The final entitlement review findings are subject to appeal under 4 AAC 40.010 — 4 AAC 40.050 .

(Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 8/22/2001, Register 159)