IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
that parents fully understand the benefits of both the Part B and Part C programs is not necessary for two reasons.
First, §303.211(b)(1) requires that States provide an
annual notice that includes an explanation of the differences between early intervention services provided under Part C of the Act and preschool services provided under Part B of the Act to parents of children with disabilities who are eligible under section 619 of the Act and who previously received early intervention services.
Second, §303.211(b)(5) further provides that informed
consent must be obtained from parents for the continuation
of early intervention services pursuant to §303.211 for
Consent, as defined in §303.7, means the parent has
been fully informed of all information relevant to the
activity for which consent is sought in the parent’s native
language or other mode of communication. This definition
of consent in §303.7 also requires that the parent
understand and agree in writing to the activity for which
the parent’s consent is sought.
Thus, §§303.211(b)(1) and 303.211(b)(5), when read
together, make clear that States are required to obtain written consent from parents of children with disabilities eligible under section 619 of the Act who previously