Mo. Code Regs. tit. 5 § 20-500.130
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 5 CSR 20-500.130 - Confidentiality and Release of InformationPURPOSE: This rule establishes the procedures for release of information and confidentiality of applicants and/or eligible individuals for the State Board of Education through the Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and the Code of Federal Regulations 34 CFR section 361.38.
(1) Information about an applicant or eligible individual will not be released without the individual's written permission except in the following situations when it directly relates to the applicant or eligible individual's rehabilitation program and is necessary to provide services: (A) Name, addresses, Social Security number, phone numbers, educational/work histories, and income information to other state agencies that vocational rehabilitation (VR) has a cooperative agreement with, including but not limited to, the Departments of Elementary and Secondary Education, Higher Education, Labor and Industrial Relations, Mental Health, Social Services, the Division of Workforce Development, and school districts; and/or(B) Information about an applicant or eligible individual to community rehabilitation programs; and/or(C) Information about an applicant or eligible individual to medical care service providers; and/or(D) As authorized in the federal act and/or applicable regulations.(2) An applicant's or an eligible individual's refusal to release information may affect the individual's eligibility to receive services or may result in the denial of services.(3) Information from an individual's file must be requested in writing. (A) Upon the determination that information is harmful to the individual, information will not be released to the individual, but will be released to court appointed representatives or a third party chosen by the individual including an advocate, an adult member of the individual's family, or a qualified medical or mental health professional.(B) Information will be released in response to a law enforcement investigation, fraud, or abuse, and in response to an order by a judge or other authorized judicial officer.(C) To protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.(4) An applicant or eligible individual who believes that information in the individual's record of services is inaccurate or misleading may request in writing that VR amend the information. If the information is not amended, the request for the amendment must be documented in the record of services. AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* This rule previously filed as 5 CSR 90-4.110. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.130, effective Aug. 16, 2011. Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014*Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.