45 CFR 1303.21
§ 1303.21 Program procedures—applicable confidentiality provisions.
United States · 45 CFR — Public Welfare · Status: effective
Cite this
- Citation
- 45 CFR 1303.21, § 1303.21 Program procedures—applicable confidentiality provisions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/220980
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Full text
(a) If a program is an educational agency or institution that receives funds under a program administered by the Department of Education and therefore is subject to the confidentiality provisions under the Family Educational Rights and Privacy Act (FERPA), then it must comply with those confidentiality provisions of FERPA instead of the provisions in this subpart.
(b) If a program serves a child who is referred to, or found eligible for services under, IDEA, then a program must comply with the applicable confidentiality provisions in Part B or Part C of IDEA to protect the PII in records of those children, and, therefore, the provisions in this subpart do not apply to those children.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.