16.15.1 Each public agency must include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children in accordance with State policy.

16.15.2 The statement may include a description of any behavior engaged in by the child with a disability that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child, to the extent that such information is required to be included in the records of nondisabled children.

16.15.3 To the extent that State policy requires inclusion of disciplinary information in the records of a child, should the child transfer from one school to another, the transmission of any of the child's records must include both the child's current individualized education program (IEP) and any statement of current or previous disciplinary action that has been taken against the child.