TITLE 34 - EDUCATION

SUBTITLE B - REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

CHAPTER III - OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION

PART 303 - EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES

subpart e - PROCEDURAL SAFEGUARDS

303.401 - Definitions of consent, native language, and personally identifiable information.

As used in this subpart (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; (b) Native language, where used with reference to persons of limited English proficiency, means the language or mode of communication normally used by the parent of a child eligible under this part; (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.

(Authority: 20 U.S.C. 1439)