Letters from OSEP: Access to Records in Part C

This is in Response to the December 7, 2009 letter from the Florida Department of Health (FDOH) to the Office of Special Education Programs (OSEP) requesting clarification about whether FDOH must provide parents with a copy of a test protocol that contains personally identifiable information about their child as part of their child’s education records under Part C of the Individuals with Disabilities Education Act (IDEA). The letter also asked whether: (1) Federal copyright laws prohibit the copying and distribution of copies of the test protocol that contains personally identifiable information, if the protocol is copyrighted; (2) FDPH and its early intervention service (EIS) providers may provide parents with a copy of the test protocol that contains personally identifiable information if it is protected under copyright law; and (3) FDOH may provide an original or a copy of the test protocol that contains personally identifiable information to the local educational agency (LEA), with parental consent, upon a child’s transition at age three from the IDEA Part C program to the IDEA Part B preschool program.

Source: Office of Special Education Programs

Available at: http://www2.ed.gov/policy/speced/guid/idea/letters/2010-4/price101310partcaccessrecords4q2010.pdf

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