Page 19 - Procedural_Safeguards_PartCregs

SAFEGUARDS

Each RAU and enrolled service coordinator and direct service
practitioner participating in WVBTT must protect the confidentiality
of personally identifiable information at collection, maintenance,
use, storage, disclosure, and destruction stages. One official at
each RAU and each participating agency must assume primary
responsibility for ensuring the confidentiality of all personally
identifiable information.

All persons collecting or using personally identifiable information
must receive training or instruction regarding the State’s policies
and procedures under confidentiality and FERPA, 34 CFR
Part 99. WVBTT, and each RAU and enrolled service coordina-
tion or early intervention payee agency, must maintain for public
inspection a current listing of the names and positions of employ-
ees within the agency who have
access to personally identifiable information.

DESTRUCTION OF INFORMATION

WVBTT maintains a child’s records for a period of five years after
the child’s exit from WVBTT as needed to provide services to your
child
under Part C of the IDEA, the General Education Provisions Act
(GEPA) provisions in 20 U.S.C. 1232f, and Education Department
General
Administrative Regulations (EDGAR), 34 CFR parts 76 and 80.

WVBTT destroys hard copies of records after the five year period.
However, a permanent electronic record of a child's name, date of
birth, parent contact information (including address and phone
number), names of service coordinator(s) and early intervention
service
practitioner(s), and exit data (including year and age upon exit and
any programs entered into upon exiting) may be maintained with-
out time limitation.

ENFORCEMENT OF THESE REQUIREMENTS

WVBTT has in effect the policies and procedures including sanc-
tions and the right to file a complaint under §303.432 through
303.434 that WVBTT uses to
ensure that its policies and
procedures, consistent with
§303.401 through
303.417, are followed and
that the re- quirements of
IDEA and the Part C regula-
tions are met.

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