that “[t]he Secretary shall take appropriate action, in accordance with § 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained [by educational agencies] pursuant to this subchapter.” 20 U.S.C. § 1417(c) (Supp.2006). One provision of the subchapter requires the states to develop, review, and revise an IEP for each child with a disability. 20 U.S.C. § 1412(a)(4) (Supp. 2006). ¶21 As with FERPA, § 1417(c) of the IDEA does not state that special education records are “privileged.” The terms “privileged” and “confidential” are not interchangeable. Ariz. Dep’t of Econ. Sec. v. O’Neil, 183 Ariz. 196, 197, 901 P.2d 1226, 1227 (App.1995); see also Hanson, 18 Ariz. App. at 133, 500 P.2d at 918 (<HOLDING>). Instead, it provides special education
recognizing an absolute privilege for police records in a habeas corpus action holding that ferpa and state law did not create an educational records privilege holding that records relating to a student court were not education records holding that statute making child welfare agency records confidential but disclosable pursuant to a court order did not create an absolute privilege for such records recognizing that refinement of rule governing confidential court records was a necessary step in providing the public electronic access to court records