§ 1303.21 Program procedures—applicable confidentiality provisions.
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Title 45 CFR: Public Welfare › Chapter XIII: ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › Part 1303: FINANCIAL AND ADMINISTRATIVE REQUIREMENTS › Subpart C: Protections for the Privacy of Child Records › § 1303.21: § 1303.21 Program procedures—applicable confidentiality provisions.
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(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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