34 C.F.R. § 303.414

Current through March 31, 2024
Section 303.414 - Consent prior to disclosure or use
(a) Except as provided in paragraph (b) of this section, prior parental consent must be obtained before personally identifiable information is-
(1) Disclosed to anyone other than authorized representatives, officials, or employees of participating agencies collecting, maintaining, or using the information under this part, subject to paragraph (b) of this section; or
(2) Used for any purpose other than meeting a requirement of this part.
(b) A lead agency or other participating agency may not disclose personally identifiable information, as defined in § 303.29 , to any party except participating agencies (including the lead agency and EIS providers) that are part of the State's part C system without parental consent unless authorized to do so under-
(1) Sections 303.401(d) , 303.209(b)(1)(i) and (b)(1)(ii) , and 303.211(b)(6)(ii)(A) ; or
(2) One of the exceptions enumerated in 34 CFR 99.31 (where applicable to part C), which are expressly adopted to apply to part C through this reference. In applying the exceptions in 34 CFR 99.31 to this part, participating agencies must also comply with the pertinent conditions in 34 CFR 99.32 , 99.33 , 99.34 , 99.35 , 99.36 , 99.38 , and 99.39 ; in applying these provisions in 34 CFR part 99 to part C, the reference to-
(i)34 CFR 99.30 means § 303.414(a) ;
(ii) "Education records" means early intervention records under § 303.403(b) ;
(iii) "Educational" means early intervention under this part;
(iv) "Educational agency or institution" means the participating agency under § 303.404(c) ;
(v) "School officials and officials of another school or school system" means qualified personnel or service coordinators under this part;
(vi) "State and local educational authorities" means the lead agency under § 303.22 ; and
(vii) "Student" means child under this part.
(c) The lead agency must provide policies and procedures to be used when a parent refuses to provide consent under this section (such as a meeting to explain to parents how their failure to consent affects the ability of their child to receive services under this part), provided that those procedures do not override a parent's right to refuse consent under § 303.420 .

34 C.F.R. §303.414

Authority: 20 U.S.C. 1417(c) , 1439(a)(2) , 1439(a)(4) , 1442