1. A. Procedural Safeguards Notice.

   1. (1) The local lead agency shall provide a copy of the procedural safeguards to the parents of an infant or toddler with a disability, with prior written notice, in accordance with 34 CFR §303.421(b)(3).

   2. (2) The procedural safeguards notice shall include:

      1. (a) Confidentiality of personally identifiable information and early intervention record, in accordance with 34 CFR §§303.401—303.417;
      2. (b) Parental consent and notice, in accordance with 34 CFR §§303.420—303.422;
      3. (c) Surrogate parents, in accordance with 34 CFR §303.422; and
      4. (d) Dispute Resolution options, in accordance with 34 CFR §§303.430—303.434, and 303.440—303.449.
2. B. Confidentiality of Information. A local lead agency shall ensure the confidentiality of personally identifiable information, in accordance with 34 CFR 99, 34 CFR §§303.401—303.417, and COMAR 13A.08.02.
3. C. Opportunity to Examine Records. In accordance with the confidentiality procedures of 34 CFR 99, 34 CFR §§303.405, and COMAR 13A.08.02, the parent of an infant or toddler with a disability shall be given the opportunity to inspect and review their child’s early intervention records collected, maintained, or used by the local lead agency.
4. D. The local lead agency shall provide parents an initial copy of their child’s early intervention record at no cost to the parents, in accordance with 34 CFR §303.400(c).

Authority: Education Article, §8-416, Annotated Code of Maryland
Federal Regulatory Reference: 34 CFR 99, 300, 303

Effective date: June 24, 1991 (18:12 Md. R. 1327)

Regulations .02, .03, .05, .07—.09, and .11—.13 amended as an emergency provision effective October 26, 1993 (20:23 Md. R. 1793); emergency status extended at 21:8 Md. R. 664; adopted permanently effective July 4, 1994 (21:13 Md. R. 1154)

COMAR 01.04.01 transferred to COMAR 13A.13.01 effective November 1997

Regulation .02B amended effective January 20, 2003 (30:1 Md. R. 27)

Regulation .08A amended effective January 20, 2003 (30:1 Md. R. 27); November 8, 2004 (31:22 Md. R. 1596)

Regulation .11A, B amended effective January 20, 2003 (30:1 Md. R. 27)

Regulation .11B amended effective October 5, 2009 (36:20 Md. R. 1531)

Regulation .12 amended effective January 20, 2003 (30:1 Md. R. 27)

Regulation .12B amended effective October 5, 2009 (36:20 Md. R. 1531)

Regulation .13 amended effective January 20, 2003 (30:1 Md. R. 27)

Regulations .01—.13 repealed and new Regulations .01—.14 adopted effective August 5, 2013 (40:15 Md. R. 1230)