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.
where the child resides or to the SEA, to inform the
child’s parent about the impending disclosure and provide
the parent with a specific time period in which the parent may confirm his or her decision to decline, or opt-out of, the disclosure of such information about his or her child.
Permitting States to adopt an opt-out policy, rather than opt-in policy, which would require the lead agency to obtain affirmative parental consent before disclosure of
the limited information identified in §303.401(d)(1) to the
LEA or SEA, allows States the flexibility to balance the privacy interests of parents of children receiving Part C
services and the lead agency’s, SEA’s, and LEA’s respective
responsibilities to identify children potentially eligible for services under Part B of the Act, and to ensure a
smooth transition from the State’s Part C program to its
Part B program. Parents as well as other stakeholders and members of the public have an opportunity to provide input when the State circulates its LEA notification policies for
public participation as required in §303.208(b).
Comment: Two commenters requested that the term education records be changed to the term early intervention records
because use of the term “education” is not consistent with