§ 300.612 Notice to parents.

Plain English summary

This section requires State Educational Agencies (SEAs) to provide adequate notice to parents about the requirements governing personally identifiable information, including descriptions of data practices, parental rights under FERPA, and agency policies on data storage and disclosure. Additionally, before any major identification, location, or evaluation activity, the SEA must publish or announce the notice in newspapers or other media with statewide circulation.

Key requirements

• The SEA must give notice that is adequate to fully inform parents about the requirements of § 300.123.
• Notice must include a description of the extent that the notice is given in the native languages of the various population groups in the State.
• Notice must include a description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the State intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information.
• Notice must include a summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information.
• Notice must include a description of all of the rights of parents and children regarding this information, including the rights under FERPA and implementing regulations in 34 CFR part 99.
• Before any major identification, location, or evaluation activity, the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of the activity.

Affected parties

• State Educational Agencies (SEAs)
• Parents
• Participating agencies
• Children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.612