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IFSP Tutorial - Evaluation and Assessment

Legal Requirements for Evaluation and Assessment:

Essential Content for Legal Requirements

Page 7 of 14

What is informed consent and what is needed from families for evaluation and assessment?

Procedural Safeguards, Federal Regulations [Sec. 303.401]
Parental consent

Federal regulations specify when and how informed consent must be obtained from parents for evaluation and assessment.


(a) Consent means that--

(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication;
(2) The parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
(3) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time;

(c) Personally identifiable means that information includes-

(1) The name of the child, the child's parent, or other family member;
(2) The address of the child;
(3) A personal identifier, such as the child's or parent's social security number; or
(4) A list of personal characteristics or other information that would make it possible to identify the child with
reasonable certainty.

Written consent
Procedural safeguards, Federal regulations [Sec. 303.404]

(a) Written parental consent must be obtained before-

(1) Conducting the initial evaluation and assessment of a child under Sec. 303.322; and
(2) Initiating the provision of early intervention services (see Sec. 303.342(e)).

(b) If consent is not given, the public agency shall make reasonable efforts to ensure that the parent-

(1) Is fully aware of the nature of the evaluation and assessment or the services that would be available; and
(2) Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.
(Authority: 20 U.S.C. 1439)

Note 1: In addition to the consent requirements in this section, other consent requirements are included in

(1) Sec. 303.460(a), regarding the exchange of personally identifiable information among agencies, and
(1) 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.

Note 2: Under Sec. 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.

Definitions, Maryland Regulations [COMAR 13A.13.01.02 B (22)]
Parental Consent

Maryland regulations restate federal regulations.




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