Sec. 303.414 (b)

(b) A lead agency or other participating agency may not disclose personally identifiable information, as defined in §303.29, to any party except participating agencies (including the lead agency and EIS providers) that are part of the State’s part C system without parental consent unless authorized to do so under—

(1) Sections 303.401(d), 303.209(b)(1)(i) and (b)(1)(ii), and 303.211(b)(6)(ii)(A); or
(2) One of the exceptions enumerated in 34 CFR 99.31 (where applicable to part C), which are expressly adopted to apply to part C through this reference. In applying the exceptions in 34 CFR 99.31 to this part, participating agencies must also comply with the pertinent conditions in 34 CFR 99.32, 99.33, 99.34, 99.35, 99.36, 99.38, and 99.39; in applying these provisions in 34 CFR part 99 to part C, the reference to—
(i) 34 CFR 99.30 means §303.414(a);
(ii) “Education records” means early intervention records under §303.403(b);
(iii) “Educational” means early intervention under this part;
(iv) “Educational agency or institution” means the participating agency under §303.404(c);
(v) “School officials and officials of another school or school system” means qualified personnel or service coordinators under this part;
(vi) “State and local educational authorities” means the lead agency under §303.22; and
(vii) “Student” means child under this part.
Severe Discrepancy
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Last modified on May 2, 2017