Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 14
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44D
EFINITIONS
As used under the heading Confidentiality of Information:
▪
Destruction means physical destruction or removal of personal identifiers from
information so that the information is no longer personally identifiable.
▪
Education records means the type of records covered under the definition of ‘‘education
records’’ in 34 CFR Part 99 (the regulations implementing the Family Educational Rights
and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)).
P
I
I
ERSONALLY
DENTIFIABLE
NFORMATION
Personally identifiable means information that has:
Your child's name, your name as the parent, or the name of another family member;
Your child's address;
A personal identifier, such as your child’s social security number or student number; or
A list of personal characteristics or other information that would make it possible to
identify your child with reasonable certainty.
N
P
OTICE TO
ARENTS
You have the right to be told by the state about how information about your
child will be used and kept confidential by the state and the local school
division.
The Virginia Department of Education (VDOE) must give adequate notice to fully inform
parents about confidentiality of personally identifiable information, including:
1. A description of the extent to which the notice is given in the native languages of the
various population groups in Virginia;
2. A description of the children on whom personally identifiable information is maintained,
the types of information sought, the methods Virginia intends to use in gathering the
information (including the sources from whom information is gathered), and the uses to
be made of the information;
3. A summary of the policies and procedures that participating agencies must follow
regarding storage, disclosure to third parties, retention, and destruction of personally
identifiable information; and
4. A description of all of the rights of parents and children regarding this information,
including the rights under the Family Educational Rights and Privacy Act (FERPA) and
its implementing regulations in 34 CFR Part 99.
Before any major identification, location, or evaluation activity (also known as “child find”),
school divisions must publish or announce the notice in newspapers or other media, or both, with
circulation adequate to notify parents throughout the state of the activity to locate, identify, and
evaluate children in need of special education and related services.
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