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    Parent Notification and Consent Handout

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    PEAKparent
    This document discusses parental consent requirements under IDEA 2004 regulations. It states that parental consent is required before early intervention services can be provided to a child, including screening, evaluation, and use of public/private insurance. Parents must be fully informed and understand the activities for which their consent is sought. The notice must be in the parents' native language. Parents can accept or decline any early intervention service at any time and can withdraw consent without impacting other services. Consent means the parent understands the activities and agrees in writing, and granting consent is voluntary and can be revoked at any time.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    Parent Notification and Consent Handout

    Uploaded by

    PEAKparent
    57 views2 pages
    This document discusses parental consent requirements under IDEA 2004 regulations. It states that parental consent is required before early intervention services can be provided to a child, including screening, evaluation, and use of public/private insurance. Parents must be fully informed and understand the activities for which their consent is sought. The notice must be in the parents' native language. Parents can accept or decline any early intervention service at any time and can withdraw consent without impacting other services. Consent means the parent understands the activities and agrees in writing, and granting consent is voluntary and can be revoked at any time.

    Original Description:

    IDEA 2004's Part C Regulations

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    © Attribution Non-Commercial (BY-NC)

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    This document discusses parental consent requirements under IDEA 2004 regulations. It states that parental consent is required before early intervention services can be provided to a child, including screening, evaluation, and use of public/private insurance. Parents must be fully informed and understand the activities for which their consent is sought. The notice must be in the parents' native language. Parents can accept or decline any early intervention service at any time and can withdraw consent without impacting other services. Consent means the parent understands the activities and agrees in writing, and granting consent is voluntary and can be revoked at any time.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    57 views2 pages

    Parent Notification and Consent Handout

    Uploaded by

    PEAKparent
    This document discusses parental consent requirements under IDEA 2004 regulations. It states that parental consent is required before early intervention services can be provided to a child, including screening, evaluation, and use of public/private insurance. Parents must be fully informed and understand the activities for which their consent is sought. The notice must be in the parents' native language. Parents can accept or decline any early intervention service at any time and can withdraw consent without impacting other services. Consent means the parent understands the activities and agrees in writing, and granting consent is voluntary and can be revoked at any time.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Parent Notification

    IDEA 2004s Part C Regulations

    Handout 74

    303.421 Prior written notice and procedural safeguards notice.


    (a) General. Prior written notice must be provided to parents a reasonable time before the lead agency or an EIS provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of their infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and that infants or toddlers family. (b) Content of notice. The notice must be in sufficient detail to inform parents about (1) The action that is being proposed or refused; (2) The reasons for taking the action; and (3) All procedural safeguards that are available under this subpart, including a description of mediation in 303.431, how to file a State complaint in 303.432 through 303.434 and a due process complaint in the provisions adopted

    under 303.430(d), and any timelines under those procedures. (c) Native language. (1) The notice must be (i) Written in language understandable to the general public; and (ii) Provided in the native language, as defined in 303.25, of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (2) If the native language or other mode of communication of the parent is not a written language, the public agency or designated EIS provider must take steps to ensure that (i) The notice is translated orally or by other means to the parent in the parents native language or other mode of communication; (ii) The parent understands the notice; and (iii) There is written evidence that the requirements of this paragraph have been met.

    continued on next page

    Handout for Participants

    7-1

    NICHCY: http://nichcy.org

    Parent Consent
    IDEA 2004s Part C Regulations

    Handout 74

    303.420 Parental consent and ability to decline services.


    (a) The lead agency must ensure parental consent is obtained before (1) Administering screening procedures under 303.320 that are used to determine whether a child is suspected of having a disability; (2) All evaluations and assessments of a child are conducted under 303.321; (3) Early intervention services are provided to the child under this part; (4) Public benefits or insurance or private insurance is used if such consent is required under 303.520; and (5) Disclosure of personally identifiable information consistent with 303.414. (b) If a parent does not give consent under paragraph (a)(1), (a)(2), or (a)(3) of this section, the lead agency must make reasonable efforts to ensure that the parent

    (1) Is fully aware of the nature of the evaluation and assessment of the child or early intervention services that would be available; and (2) Understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given. (c) The lead agency may not use the due process hearing procedures under this part or Part B of the Act to challenge a parents refusal to provide any consent that is required under paragraph (a) of this section. (d) The parents of an infant or toddler with a disability (1) Determine whether they, their infant or toddler with a disability, or other family members will accept or decline any early intervention service under this part at any time, in accordance with State law; and (2) May decline a service after first accepting it, without jeopardizing other early intervention services under this part.

    303.7 Consent.
    Consent means that (a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parents native language, as defined in 303.25; (b) The parent understands and agrees in writing to the carrying out of the activity for which the parents consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and (c)(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. (2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not apply to an action that occurred before the consent was revoked).

    NICHCY: http://nichcy.org

    7-2

    Handout for Participants

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