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.
B regulations incorporate the FERPA regulations, FERPA also applies to the Part C regulations. Consistent with the
commenters’ requests, we have removed the general citation
to the Part B regulations and FERPA and added in
§303.414(b)(2) the exceptions to the FERPA consent
requirement in 34 CFR 99.31(a) as specific exceptions (where applicable to Part C) to the parental consent requirement in these Part C regulations. We have also added a provision requiring compliance with the additional pertinent conditions in 34 CFR 99.32 through 99.39.
Changes: We have incorporated as specific exceptions to
the parental consent requirement in §303.414(b)(2) of these
Part C regulations the specific exceptions to the written parental consent requirement in 34 CFR 99.31(a) of the FERPA regulations (where applicable to Part C), reference to the pertinent conditions in 34 CFR 99.32 through 99.39, and added appropriate modification provisions in
§303.414(b)(2)(i) through (b)(2)(vii).
Comment: One commenter expressed concern that sometimes service providers do not disclose information that parents have given consent to disclose, and suggested that service providers should be required to disclose documents or information when parents have consented to the disclosure.
Discussion: It is unclear what types of documents or