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.
information regarding the child and family. Therefore, we
are retaining the provision in proposed §303.520(a)(1)(iii)
in new paragraph (a)(2)(i) of §303.520. This provision
specifies that a State may not require a parent to sign up for or enroll in public benefits or insurance programs as a condition of receiving Part C services and must obtain parental consent prior to requiring enrollment. A consent
requirement for enrollment protects parents’ financial
interests by allowing them to consider the costs they may incur by enrolling in a public benefits or insurance program. Additionally, a consent requirement for
enrollment protects parents’ rights regarding the
disclosure of personally identifiable information.
Children and parents who are already enrolled in a public benefits or insurance program. We are persuaded by commenters who opposed the requirement in proposed
§303.520(a)(1)(i) to obtain parental consent when a child
or parent is already enrolled in a public benefits or insurance program. The commenters argued that requiring consent could affect the timely provision of Part C services to children and families and that requiring parental consent when a child or parent is already enrolled in a public benefits or insurance program would not provide additional privacy protections given that the public