Written parental consent must be obtained before—
Conducting the initial evaluation and assessment of a child under § 303.322; and
Initiating the provision of early intervention services (see § 303.342(e) ).
If consent is not given, the public agency shall make reasonable efforts to ensure that the parent—
Is fully aware of the nature of the evaluation and assessment or the services that would be available; and
Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.
20 U.S.C. 1439
In addition to the consent requirements in this section, other consent requirements are included in (1) § 303.460(a)
, regarding the exchange of personally identifiable information among agencies, and (2) the confidentiality provisions in the regulations under part B of the Act (34 CFR 300.571
) and 34 CFR part 99
(Family Educational Rights and Privacy), both of which apply to this part.
Under § 300.504(b) of the part B regulations, a public agency may initiate procedures to challenge a parent's refusal to consent to the initial evaluation of the parent's child and, if successful, obtain the evaluation. This provision applies to eligible children under this part, since the part B evaluation requirement applies to all children with disabilities in a State, including infants and toddlers.