1. A. The local lead agency shall ensure parental consent is obtained before:

   1. (1) Administering screening procedures under 34 CFR §303.320 that are used to determine whether a child is suspected of having a disability;
   2. (2) All evaluations and assessments of a child are conducted, consistent with 34 CFR §303.321 and Regulation .05 of this chapter;
   3. (3) Early intervention services are provided to the child;
   4. (4) Public benefits or insurance or private insurance is used if such consent is required under § 303.520; and
   5. (5) Disclosure of personally identifiable information consistent with 34 CFR §303.414.

2. B. If a parent does not give consent, consistent with §A(1), (2) or (3) of this regulation, the local lead agency must make reasonable efforts to ensure that the parent:

   1. (1) Is fully aware of the nature of the evaluation and assessment of the child or early intervention services that would be available; and
   2. (2) Understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given.
3. C. The local lead agency shall not use the due process hearing procedures described in Regulation .14C of this chapter to challenge a parent’s refusal to provide any consent that is required in accordance with §A of this regulation.

4. D. The parents of an infant or toddler with a disability:

   1. (1) Determine whether they, their infant or toddler with a disability, or other family members will accept or decline any early intervention service at any time; and
   2. (2) May decline a service after first accepting it, without jeopardizing other early intervention services.

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)