Haw. Code R. § 8-34-3

Current through September, 2024
Section 8-34-3 - Definitions

As used in this chapter:

"Days" means working or school days.

"Department" means the department of education.

"Directory information" means the student's name, date and place of birth, address, telephone, dates of attendance, class level, major field of study, participation in officially recognized activities, and sports, weight and height if member of an athletic team, awards received, graduation date, and the most recent previous educational agency or institution attended.

"Education records" means all records, files, documents, and other materials maintained by the department, which contain information directly related to an individual student. Excluded are the following:

(1) Private notes and records in the possession of instructional, supervisory, administrative, and support personnel of the department, which are not accessible or divulged to anyone except to the person who substitutes in a particular job;

(2) Confidential communication protected by law;

(3) Records maintained by law enforcement units on a school campus used only for law enforcement purposes and which are kept apart from the education records and are available only to law enforcement officials of the same jurisdiction;

(4) Department personnel employment records;

(5) Records of a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional maintained for the treatment of a student eighteen years or older and which may be reviewed by a physician or other professional designed by the student.

"Eligible student" means a person at least eighteen years of age who is or was a student.

"Parent" means the natural or legal parent, guardian or other legal custodian of the student.

"Right to inspect" means the right of a parent, eligible student, or a designated representative to inspect under the supervision of personnel of the department information concerning the student in question.

"Student" means a person who is or has been in attendance in school and whose education records are maintained by the department.

Haw. Code R. § 8-34-3

[Eff. AUG 23, 1984] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.3 )