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child under this part;

(4) Public benefits or insurance or private insurance

is used if such consent is required under §303.520; and

(5) Disclosure of personally identifiable information

consistent with §303.414.

(b) If a parent does not give consent under paragraph (a)(1), (a)(2), or (a)(3) of this section, the lead agency must make reasonable efforts to ensure that the parent--

(1) Is fully aware of the nature of the evaluation and assessment of the child or early intervention services that would be available; and

(2) Understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given.

(c) The lead agency may not use the due process hearing procedures under this part or Part B of the Act to

challenge a parent’s refusal to provide any consent that is

required under paragraph (a) of this section.

(d) The parents of an infant or toddler with a


(1) Determine whether they, their infant or toddler with a disability, or other family members will accept or decline any early intervention service under this part at any time, in accordance with State law; and