Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 4 - WORKPLACE POLICIES › Appendix A - United States Department of Education

Current through June 17, 2024
34 CFR Part 361
State Vocational Rehabilitation Services Program Sec. 361.38
				  Protection, use, and release of personal information (a) General provisions.
				  (1)
The State agency and the State unit must adopt and implement
				  written policies and procedures to safeguard the confidentiality of ail
				  personal information, including photographs and lists of names. These policies
				  and procedures must ensure that-
(I) Specific safeguards are established to protect current
				  and stored personal information;
(ii) All applicants and eligible individuals and, as
				  appropriate, those individuals' representatives, service providers, cooperating
				  agencies, and interested persons are informed through appropriate modes of
				  communication of the confidentiality of personal information and the conditions
				  for accessing and releasing this information;
(iii) All applicants or their representatives are informed
				  about the State unit's need to collect personal information and the policies
				  governing its use, including-
(A) Identification of the authority under which information
				  is collected;
(B) Explanation of the principal purposes for which the State
				  unit intends to use or release the information;
©) Explanation of whether providing requested information to
				  the State unit is mandatory or voluntary and the effects of not providing
				  requested information;
(D) Identification of those situations in which the State
				  unit requires or does not require informed written consent of the individual
				  before information may be released; and
(E) Identification of other agencies to which information is
				  routinely released;
(iv) An explanation of State policies and procedures
				  affecting personal information will be provided to each individual in that
				  individual's native language or through the appropriate mode of communication;
				  and
(v) These policies and procedures provide no fewer
				  protections for individuals than State laws and regulations.
(2) The State unit may establish reasonable fees to cover
				  extraordinary costs of duplicating records or making extensive searches and
				  must establish policies and procedures governing access to records.
©) Release to applicants and eligible individuals.
(2) Medical, psychological, or other information that the
				  State unit determines may be harmful to the individual may not be released
				  directly to the individual, but must be provided to the individual through a
				  third party chosen by the individual, which may include, among others, an
				  advocate, a family member, or a qualified medical or mental health
				  professional, unless a representative has been appointed by a court to
				  represent the individual, in which case the information must be released to the
				  court-appointed representative.
(3) If personal information has been obtained from another
				  agency or organization, it may be released only by, or under the conditions
				  established by, the other agency or organization.
(d) Release for audit, evaluation, and research. Personal
				  information may be released to an organization, agency, or individual engaged
				  in audit, evaluation, or research only for purposes directly connected with the
				  administration of the vocational rehabilitation program or for purposes that
				  would significantly improve the quality of life for applicants and recipients
				  of services and if only, in accordance with a written agreement. The
				  organization, agency, or individual assures that-
(1) The information will be used only for the purposes for
				  which it is being provided;
(2) The information will be released only to persons
				  officially connected with the audit, evaluation, or research;
(3) The information will not be released to the involved
				  individual;
(4) The information will be managed in a manner to safeguard
				  confidentiality; and
(5) The final product will not reveal any personal
				  identifying information without the informed written consent of the involved
				  individual or the individual's representative.
(e) Release to other programs or authorities.
(1) Upon receiving the informed written consent of the
				  individual or, if appropriate, the individual's representative, the State unit
				  may release personal information to another agency or organization, in
				  accordance with a written agreement, for its program purposes only to the
				  extent that the information may be released to the involved individual or the
				  individual's representative and only to the extent that the other agency or
				  organization demonstrates that the information requested is necessary for its
				  program.
(2) Medical or psychological information that the State unit
				  determines may be harmful to the individual may be released if the other agency
				  or organization assures the State unit that the information will be used only
				  for the purpose for which it is being provided and will not be further released
				  to the individual.
(3) The State unit must release personal information if
				  required by Federal law or regulations.
(4) The State unit must release personal information in
				  response to investigations in connection with law enforcement, fraud, or abuse,
				  unless expressly prohibited by Federal or State laws or regulations, and in
				  response to an order issued by a judge, magistrate, or other authorized
				  judicial officer.
(5) The State unit also may release personal information in
				  order to protect the individual or others if the individual poses a threat to
				  his or her safety or to the safety of others.
Authority: Sections 12©) and 101(a)(6)(A) of the Act;
					 29 U.S.C.
					 709©) and
					 721(a)(6)(A)