14 Del. Admin. Code § 927-25.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 927-25.0 - Children's Privacy and Confidentiality Rights

25.1 Except as otherwise provided in 25.2, when a child with a disability reaches the age of 18, and no guardian has been appointed over the person of the child, all rights and entitlements accorded to parents under these regulations, including the rights of privacy and confidentiality, shall be deemed accorded directly to the child with a disability.

25.2 Under the federal regulations implementing FERPA at 34 CFR 99.3 and 99.5(a), the rights of parents regarding education records are also transferred to a child with a disability at age 18 or when the child is attending an institution of postsecondary education.

25.3 Notwithstanding 25.1 and 25.2, any public notice required under section 615 of the Act shall be provided to both the student and the parents.

(Authority: 20 U.S.C. 1412(a)(8); 1417(c); 1 Del.C. § 701; 14Del.C. §§ 3110 and 4111)

14 Del. Admin. Code § 927-25.0