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.
http://www.rrfcnetwork.org/content/view/409/47/#cfiscal be used as a reference point for clarification regarding parental consent for the assessments used to report child outcomes.
Discussion: If the lead agency collects, uses, or maintains information about an eligible child to meet the SPP/APR reporting requirements of the Department under Part
C of the Act, including the required reporting on child
outcomes (which information is reported based on aggregate numbers of children, and not by individual child), generally, the information is not personally identifiable provided that the State has addressed any confidentiality constraints as a result of small data cells and, thus, prior written parental consent would not be required. However, as noted in the FAQ document referenced by the commenter, prior written parental consent is required under
§303.420 if the collection of outcome information is a part
of the lead agency’s evaluation to determine initial or
continuing eligibility of a child in the Part C program. In this circumstance, States must provide prior written
notice to the parents under §303.421 and, if applicable,
obtain parental consent for evaluation as required in