Mo. Code Regs. tit. 5 § 20-500.130
Current through Register Vol. 50, No. 1, January 2, 2025
Section 5 CSR 20-500.130 - [Effective 1/29/2025] Confidentiality and Release of InformationPURPOSE: This rule establishes the procedures for release of information and confidentiality of applicants and/or eligible individuals for the State Board of Education through the Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and the Code of Federal Regulations 34 CFR section 361.38.
(1) Information about an applicant or eligible individual is safeguarded and will not be released without the individual's or representative's written permission except in the following situations:(A) Information will be released in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state laws or regulations, and in response to an order by a judge or other authorized judicial officer; and(B) To protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.(2) An applicant's or an eligible individual's refusal to provide information may result in the denial of services.(3) Information from an individual's file must be requested in writing by the individual or the individual's representative.(A) Upon the determination that information is harmful to the individual, information will not be released directly to the individual but will be released to court-appointed representatives or a third party chosen by the individual including an advocate, an adult member of the individual's family, or a qualified medical or mental health professional.(4) An applicant or eligible individual who believes that information in the individual's record of services is inaccurate or misleading may request in writing that VR amend the information. If the information is not amended, the request for the amendment must be documented in the record of services.(5) 34 CFR Part 361.38 is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, June 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* This rule previously filed as 5 CSR 90-4.110. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.130, effective Aug. 16, 2011. Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014Amended by Missouri Register December 2, 2024/Volume 49, Number 23, effective 1/29/2025.*Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.