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Current as of January 01, 2024 | Updated by Findlaw Staff
A. All files and records maintained by the office that pertain to students are confidential and not subject to the provisions of the Inspection of Public Records Act. The state ombud shall not disclose the identity of a concerned person or student about whom the office maintains files or records unless:
(1) the concerned person, student or parent consents in writing to the disclosure;
(2) the concerned person, student or parent gives oral consent that is documented immediately in writing by a representative of the office. If the student is unable to give oral consent, the student may give consent in any way that the student is able to, and the consent shall also be documented immediately in writing by a representative of the office; or
(3) disclosure is ordered by a court.
B. The annual report required pursuant to Section 4 of the Special Education Ombud Act may be based on confidential information and may be published or furnished to the public, but the report shall not identify individual students directly or indirectly nor violate the privileged or confidential nature of the relationship and communications between the student and the office.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 28. Human Rights § 28-16C-7. Confidentiality of information - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-28-human-rights/nm-st-sect-28-16c-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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