Chapter 6, Confidentiality of Personal Records
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HAWAII ADMINISTRATIVE RULES

TITLE 8 DEPARTMENT OF EDUCATION

SUBTITLE I RULES OF PRACTICE AND PROCEDURE

CHAPTER 6

CONFIDENTIALITY OF PERSONAL RECORDS


§8-6-1 Definitions
§8-6-2 Employee, student, parent, or
library patron access to own
personal record
§8-6-3 Right to correct personal record
§8-6-4 Review procedures concerning
access and correction
§8-6-5 Exemptions and limitations on
employee, student, parent, or
library patron access
§8-6-6 Limitation on public access to
personal record
§8-6-7 Limitations on disclosure of
personal record to other agencies
§8-6-8 Access to personal record by
order in judicial or administrative
proceedings or as required by other law
§8-6-9 Violations
§8-6-10 Conflict of law


§8-6-1 Definitions. As used in this chapter:
§8-6-2 Employee, student, parent, or library patron access to own
personal record.
(a) All accessible personal records shall be made available for inspection to the employee, student, parent, or library patron to whom it pertains, in a reasonably prompt manner and in a reasonably intelligible form. Where necessary the department shall provide a translation into common terms of any machine readable code, or any code or abbreviation employed for internal department use.

(b) Upon the request of an employee, student, parent, or library patron to gain access to personal records, the department shall permit the employee, student, parent, or library patron to review the record and have a copy made within ten days following the date of the request unless the personal record requested is exempted under section 8-6-5. The ten-day period may be extended for an additional twenty days if the department provides to the employee, student, parent, or library patron, within the initial ten working days, a written explanation of unusual circumstances causing the delay.

(c) The department may charge the employee, student, parent, or library patron for any copies and for the certification of any copies; provided that the charges or fees shall not exceed the actual cost of duplication or of transcription into readable or intelligible form and duplication and shall not include any costs of searching for the record. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112) (Imp: HRS §§92E, 302A-1112)

§8-6-3 Right to correct personal record.
(a) An employee, student, parent, or library patron has a right to have any factual error in that person's personal record corrected and any misrepresentation or misleading entry in the record amended by submitting a written request to the custodian of the personal record.

(b) Within twenty days after receipt of a written request to correct or amend a personal record the custodian of the personal record shall acknowledge the request in writing and promptly:

§8-6-4 Review procedures concerning access and correction.
(a) An employee, student, parent, or library patron who has been refused access to, or correction or amendment of, a personal record may submit a written request to the superintendent of education or the state librarian for a review of the refusal to allow access to, or correction or amendment of, a personal record.

(b) Not later than thirty days after receiving a request for a review of a refusal to allow access to, or correction or amendment of, a personal record, the superintendent of education or the state librarian, or their respective designee, shall make a final determination.

(c) If the superintendent of education or the state librarian, or their respective designee, refuses upon final determination to allow access to, or correction or amendment of, a personal record, the superintendent of education or the state librarian, or their respective designee, shall so state in writing, and:


§8-6-5 Exemptions and limitations on employee, student, parent, or library patron access. The department is not required to grant an employee, student, parent, or library patron access to personal records or information when:


§8-6-6 Limitation on public access to personal record. The Department may not disclose or authorize disclosure of personal records by any means of communication to any person other than the employee, student, parent, or library patron to whom the record pertains unless the disclosure is:


§8-6-7 Limitations on disclosure of personal record to other agencies. The department may not disclose or authorize disclosure of personal records to any other agency unless the disclosure is:


§8-6-8 Access to personal record by order in judicial or administrative proceedings or as required by other law. Nothing in this chapter shall be construed to permit or require the department to withhold or deny access to a personal record, or any information in a personal record:
§8-6-9 Violations. A knowing or intentional violation of any provision of this chapter by any employee of the department shall be cause for disciplinary action, including suspension or discharge. Any person may file a complaint with the department alleging such a violation. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112) (Imp: HRS §§92E, 302A-1112)

§8-6-10 Conflict of law. In the event of a conflict specifically regarding student education records, the provisions of chapter 8-34 shall prevail. [Eff. AUG 22, 1983] (Auth: HRS §302A-1112) (Imp: HRS §302A-1112)
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