Current through Reg. 50, No. 13; March 28, 2025
(a) The parent may choose not to allow the
subrecipient to:
(1) send the child's limited
personally identifiable information to the LEA; and
(2) notify the LEA of their child's potential
eligibility for ECSE services.
(b) The subrecipient must:
(1) inform the parent of the LEA Notification
requirements before the parent signs the initial IFSP and annually as part of
the annual meeting to review the IFSP; and
(2) explain the option to opt out of the LEA
Notification to the parent and the consequences of this option.
(c) The parent must inform the
subrecipient of their decision to opt out of the LEA Notification in writing
before the scheduled notification date.
(d) The subrecipient must provide the parent
written communication regarding LEA Notification that includes the following
information:
(1) what information will be
disclosed to the LEA;
(2) the
scheduled LEA Notification date;
(3) a clear statement that the parent must
inform the subrecipient of their decision to opt out of the LEA Notification in
writing before the scheduled notification date; and
(4) an explanation that the child's limited
personally identifiable information will be sent for LEA Notification, unless
the parent informs the subrecipient of their decision to opt out of the LEA
Notification before the scheduled notification date.
(e) The subrecipient must provide the parent
the written communication regarding LEA Notification as required in subsection
(d) of this section at least 10 days before limited personally identifiable
information is scheduled to be released for the LEA Notification.
(f) If the parent opts out of the LEA
Notification at any time before the scheduled notification date, the
subrecipient must:
(1) not send the child's
limited personally identifiable information to the LEA;
(2) inform the parent that even if he or she
opts out of LEA Notification, he or she can later request that the child's
limited personally identifiable information be sent to the LEA; and
(3) document in the child's record:
(A) the date the written communication
regarding LEA Notification was provided to the parent; and
(B) the parent's written request to opt out
of LEA Notification.
(g) If the subrecipient determines a child is
eligible for ECI more than 45 days but less than 90 days before the child's
third birthday and the IFSP team determines the child is potentially eligible
for special education services, the subrecipient must:
(1) immediately inform the parent of the LEA
Notification requirements;
(2)
explain the option to opt out of the LEA Notification to the parent and the
consequences of this option; and
(3) comply with all other requirements in
this section related to the family's right to opt out of the LEA
Notification.
