Chapter 34, Protection of Educational Rights and Privacy of Students and Parents
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HAWAII ADMINISTRATIVE RULES

TITLE 8 DEPARTMENT OF EDUCATION

SUBTITLE 2 EDUCATION

PART 1 PUBLIC SCHOOLS

CHAPTER 34

PROTECTION OF EDUCATIONAL RIGHTS
AND PRIVACY OF STUDENTS AND PARENTS




§8-34-1 Philosophy
§8-34-2 Purpose
§8-34-3 Definitions
§8-34-4 Rights of parents and students
§8-34-5 Applicability
§8-34-6 Access rights to education records
§8-34-7 Destruction of records
§8-34-8 Notification
§8-34-9 Procedure for granting access
§8-34-10 Review and challenge of record
contents
§8-34-11 Hearing
§8-34-12 Appeal to the superintendent
§8-34-13 Review board
§8-34-14 Consent to release records
§8-34-15 Recording of requests


Historical Note: This chapter is based substantially upon Department of Education "Rule 50, Relating to the Protection of Educational Rights and Privacy of Students and Parents." [Eff. 3/25/76; R AUG 23, 1984]


§8-34-1 Philosophy. Schools maintain extensive information about students for legitimate educational use as instruction, guidance, counseling and research. However, if released or used improperly, the information may intrude upon the privacy of students and their families. Therefore, it is imperative that there be recognition of the school's needs for relevant data for the student's benefit and the protection of an individual's rights of privacy. In the event of a conflict regarding confidentiality of education records specifically relating to children who are handicapped or are suspected of being handicapped, section 8-36-7 shall prevail. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112)


§8-34-2 Purpose. This chapter sets forth requirements to ensure the protection of the educational rights and privacy of students and parents in conformance with federal laws. If any change occurs in the federal laws, those changes in the federal law shall control. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.2)


§8-34-3 Definitions. As used in this chapter:


§8-34-4 Rights of parents and students.
(a) Parents shall have the following rights with respect to the education records of their children:

(b) The rights of parents shall be transferred to the student who has attained eighteen years of age.

(c) Students under eighteen years of age shall have the right to receive all educational data pertinent to facilitating instruction, guidance and counseling. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.4, 99.5, 99.6)


§8-34-5 Applicability. This chapter shall apply to the education records of all students who are or have been enrolled in Hawaii's public schools. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 2A-1112)


§8-34-6 Access rights to education records. An eligible student or parent shall have the right to:


§8-34-7 Destruction of records. The department may destroy or expunge any records of a student when they no longer are appropriate, relevant, or required under department rules. However, when an eligible student or parent requests access to the records,access shall be granted prior to the destruction of records. Additional provisions relating to destruction of records shall be complied with in conformance of
section 8-36-7(2). [Eff. AUG 23, 1984](Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C 1232g, 34 C.F.R. 99.13)


§8-34-8 Notification.
(a) The department shall inform eligible students or parents annually of:

(b) The notice provided to a parent or eligible student under this section shall be in the language of the parent or eligible student. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-8-34-10 1112; 20 U.S.C. 1232g, 34 C.F.R. 99.5, 99.6)


§8-34-9 Procedure for granting access.
(a) When an eligible student or parent requests access to the student's education records, they shall be made available within a reasonable period of time but in no event more than thirty days after the request.
(b) The department shall comply with parent requests under section 8-36-73).
(c) The department shall notify the eligible student or parent in writing of the time, date, and place for the review of the records. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.11)


§8-34-10 Review and challenge of record contents. An eligible student or parent may request:


§8-34-11 Hearing. After receiving the request, the district superintendent shall schedule a hearing within ten days. The district superintendent shall notify all interested parties of its date, time and place. The district superintendent or a disinterested designee, who may be an official of the department, shall conduct the hearing under the following conditions:


§8-34-12 Appeal to the superintendent.
(a) The eligible student or parent may appeal to the superintendent of education within ten days of the receipt date of the district superintendent's notification of action. The superintendent shall render a final determination within five days.

(b) The superintendent's determination of each act or law at issue shall be sent to the eligible student or parent by certified mail return receipt requested. The notification shall inform the party of the right to file exceptions to the decision and to present argument to the superintendent at a specified date, time, and place.

(c) Additional civil remedies are available under state law. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112)(Imp: HRS §§92F, 302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.21, 99.22)


§8-34-13 Review board. Federal law permits an appeal to the review board. The final decision is rendered by the Secretary of the Department of Education. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C. 1232g, 34-C.F.R. 99.60)


§8-34-14 Consent to release records.
(a) The department shall not make accessible nor release any education records or personally identifiable information without the written consent of the eligible student or parent. Exceptions to this shall be:

(b) Authorization for written consent shall contain the following:
(c) Where parents are separated or divorced, a written parental
consent may be obtained from either parent, subject to any agreement between the parents or court order governing the rights of the parents.

(d) In the case of a student, except as provided in subsection (e), a party independent of the institution shall be appointed pursuant to state and local law to give written parental consent.

(e) In the case of an exceptional student, as defined chapter 8-36, whose legal guardian is not known, unavailable, or is an institution, a party appointed pursuant to state law and independent of the institution and the department of education shall have authority to give a written parental consent.

(f) Personal information shall be transferred to a third party only on condition it will not be shared without the written consent of the eligible student or parent.

(g) The department shall give public notice of the kinds of directory information on students that are available. Within ten days after the notice, a parent may request that certain data be withheld except with prior consent.

(h) Additional consent procedures shall be as provided in section 8-36-7(6). [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.30, 99.31, 99.33, 99.34, 99.35, 99.36, 99.37)


§8-34-15 Recording of requests. The department shall maintain with each student's education records a log of all persons requesting access to the data and the reasons therefor. Exceptions to this shall be as provided in section 8-34-14. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101. 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.32)
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