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e-CFR data is current as of February 23, 2021

Title 45Subtitle BChapter XIIISubchapter BPart 1303Subpart C → §1303.21

Title 45: Public Welfare
Subpart C—Protections for the Privacy of Child Records

§1303.21   Program procedures—applicable confidentiality provisions.

(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.

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