provided in subrule 120.414(2), prior parental consent must be obtained before
personally identifiable information is:
Disclosed to anyone other than authorized representatives, officials, or
employees of participating agencies collecting, maintaining, or using the
information under this chapter, subject to subrule 120.414(2); or
b. Used for any purpose other than meeting a
requirement of this chapter.
department or other participating agency may not disclose personally
identifiable information, as defined in rule
( 34CFR303 ), to any party except participating agencies (including the
department and EIS providers) that are part of the state's Part C system
without parental consent unless authorized to do so under:
a. Subrules 120.401(1) and 120.209(2);
One of the exceptions
(where applicable to Part C), which
are expressly adopted to apply to Part C through this reference. In applying
the exceptions in
to this chapter, participating
agencies must also comply with the pertinent conditions in
In applying these provisions in 34 CFR Part 99
to Part C, the reference to:
means subrule 120.414(1);
(2) "Education records" means early
intervention records under subrule 120.403(2);
(3) "Educational" means early intervention
under this chapter;
"Educational agency or institution" means the participating agency under
officials and officials of another school or school system" means qualified
personnel or service coordinators under this chapter;
(6) "State and local educational authorities"
means the department and EIS providers and grantees; and
(7) "Student" means child under this
Policies and procedures regarding refusal to provide consent.
The department must provide policies and procedures to be used when a parent
refuses to provide consent under this rule (such as a meeting to explain to
parents how their failure to consent affects the ability of their child to
receive services under this chapter), provided that those procedures do not
override a parent's right to refuse consent under rule
( 34CFR303 ).
Admin. Code r.
ARC 0100C, IAB 4/18/12,