NC Education Code · NC Policy Manual
NC 1505-2.16 Children's Rights
Plain English summary
This regulation requires LEAs to have policies protecting children's privacy rights in a manner appropriate to their age and disability. It establishes that FERPA educational record rights transfer to students at age 18, and that when IDEA Part B parental rights transfer to an adult student, educational record rights under NC 1505-2.4 through NC 1505-2.15 also transfer. The LEA must still provide required IDEA section 615 notices to both the adult student and their parents.
Key requirements
- The LEA must have in effect policies and procedures regarding the extent to which children are afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the child and type or severity of disability.
- Under the regulations for FERPA at 34 CFR 99.5(a), the rights of parents regarding education records are transferred to the student at age 18.
- If the rights accorded to parents under Part B of the IDEA are transferred to a student who reaches the age of 18, consistent with NC 1504-1.21, the rights regarding educational records in NC 1505-2.4 through NC 1505-2.15 must also be transferred to the student.
- The LEA must provide any notice required under section 615 of the IDEA to the student and the parents.
Affected parties
- Local Education Agencies (LEAs)
- Students with disabilities
- Parents of students with disabilities
- Students reaching age 18
- Special education administrators