DHS 90.12(3)(f)(f) The county administrative agency shall annually give notice to fully inform parents about the types of personally identifiable information that will be collected, maintained and distributed about participants in the early intervention system or information compiled during child find activities. This notice shall:

DHS 90.12(3)(f)2.2. Contain a description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the agency intends to use in gathering the information, including the sources from whom information is gathered, and the uses to be made of the information;

DHS 90.12(3)(f)3.3. Contain information regarding storage, disclosure to third parties and retention and destruction of personally identifiable information; and

DHS 90.12(3)(f)4.4. Contain a description of all the rights of parents and children regarding this information, including rights under 34 CFR 99.

DHS 90.12(3)(g)(g) The county administrative agency shall inform the parent when personally identifiable information contained in the early intervention record is no longer needed to provide early intervention services. The information shall be destroyed at the request of the parent except that a permanent record of the child’s name, date of birth, the parent’s address, the parent’s phone number, names of service coordinators and service providers, and exit data, including year and age upon exit and any programs entered into upon exiting, may be maintained. In this paragraph, “destruction” means physical destruction or removal of personally identifiable information from the early intervention record.

DHS 90.12 NoteNote: For the information of interested persons, the confidentiality provisions of ch. DHS 90 meet the confidentiality requirements of Part B of the Individuals with Disabilities Education Act, 20 USC ch. 33, and 34 CFR 300.560 to 300.576 and the requirement of 34 CFR Pt. 99, with the following modifications:

DHS 90.12 Note(2) Any reference to “education of all children with disabilities” or“provision of free appropriate public education to all children” means provision of services to eligible children and families;

DHS 90.12 Note(3) Any reference to “local education agencies” or “LEAs” or to“intermediate education units” means county administrative agencies;

DHS 90.12 Note(4) Any reference to 34 CFR 300.128 on identification, location and evaluation of children with disabilities means 34 CFR 303.164 and 303.321, comprehensive child find system; and

DHS 90.12 Note(5) Any reference to 34 CFR 300.129 on confidentiality of personally identifiable information means 34 CFR 303.460, confidentiality of information.

DHS 90.12(4)(a)(a) The parent of a child may review all early intervention records concerning the child unless the county administrative agency has been provided documentation that the parent does not have the authority to review a record under state law governing such matters as custody, foster care, guardianship, separation and divorce.

DHS 90.12(4)(b)(b) When a child’s parent asks to review the child’s early intervention records, the county administrative agency or service provider shall:

DHS 90.12(4)(b)1.1. Make the records available to the parent without unnecessary delay but not later than 10 days following the date of the request except that, if the request is in connection with a meeting on the individualized family service plan or a hearing to resolve a dispute or complaint involving the parent and the county agency or service provider, the records shall be made available at least 5 days before the meeting or hearing but in no case later than 10 days following the date of the request;

DHS 90.12(4)(b)2.2. Permit the parent to have a representative of the parent’s choosing review the record with the parent or, with the parent’s written consent, in place of the parent; and

DHS 90.12(4)(b)3.3. Respond to reasonable requests of the parent or parent’s representative for explanations and interpretations of the record.

DHS 90.12(4)(c)(c) If an early intervention record includes information on more than one child, the parent may review the information relating only to the parent’s child or, if this is not separable, the information shall not be disclosed to the parent but the parent shall be informed of the contents as it relates to the parent’s child.

DHS 90.12(4)(d)(d) The county administrative agency shall provide a parent, at the parent’s request, with a list of the types and locations of early intervention records.

DHS 90.12(4)(e)(e) No fee may be charged for parent review of an early intervention record or for information disclosed to a parent or for the search for or retrieval of a record. If a parent requests a copy of the record, one copy shall be supplied free of charge. A fee may be charged for each additional copy if the fee does not prevent the parent from exercising the right to inspect and review the record.

DHS 90.12(4)(f)1.1. A child’s parent may request that particular information in the child’s record be amended or deleted on grounds that it is inaccurate or misleading, or violates the privacy or any other right of the child, a parent or other family member.

DHS 90.12(4)(f)2.2. The county administrative agency or service provider shall respond in writing to a request for amendment or deletion of information as soon as possible but not later than 30 days after the request is made.

DHS 90.12(4)(f)3.3. If the county administrative agency or service provider refuses to amend or delete the information as requested, the administrative agency shall inform the parent that the parent may appeal that decision within 14 days after being notified of it by asking the county administrative agency in writing or in the parent’s normal mode of communication for a hearing on it.

DHS 90.12(4)(f)4.4. The county administrative agency shall hold a hearing in accordance with 34 CFR 99.22 on an appeal under subd. 3. within a reasonable time after receiving the request and shall provide the parent with a written decision within a reasonable period after the hearing.

DHS 90.12(4)(f)5.5. If as a result of the hearing the agency determines that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child or family, the agency shall amend the information in the record and inform the parent in writing of the amendment.

DHS 90.12(4)(f)6.6. If the information is not finally amended or deleted as requested, the administrative agency shall inform the parent of the parent’s right to request the county administrative agency or service provider to include in the record a statement prepared by the parent commenting on the information in question and giving the parent’s reasons for disagreeing with the decision not to amend or delete the information. The county administrative agency or service provider shall then maintain that statement as part of the record and shall disclose it with the contested information whenever that information is disclosed.