Page 16 - Procedural_Safeguards_PartCregs
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CONSENT PRIOR TO DISCLOSURE OR USE

                                 Except  as  provided  in  this  section,  your  prior  parental  consent
                                 must be obtained before personally identifiable information is:
                                    •   Disclosed   to   anyone    other   than   authorized
                                        representatives,  officials,  or  employees  of  WVBTT  who
                                        are collecting, maintaining, or using the information under
                                        Part C, subject to this section; or
                                    •   Used for any purpose other than meeting a requirement of
                                        Part C.

                                 The  WVBTT  system  early  intervention  agencies/practitioners
                                 assigned to your child and family, who have access to your early
                                 intervention  records  if  needed  to  provide  your  child  and  family’s
                                 service, include the following:
                                    •   The  RAU  staff  responsible  for  the  system  point  of  entry
                                        referral and maintenance of your child’s electronic record
                                        in the WVBTT database.
                                    •   Interim  service  coordinator  and  ongoing  service
                                        coordinator responsible for the coordination of your early
                                        intervention services.
                                    •   Early  intervention  practitioners  responsible  for  the
                                        provision  of  your  early  intervention  services,  and
                                        authorized individuals in their respective agencies.
                                    •   The DHHR state personnel, in the role as the lead agency,
                                        responsible  for  the  administration  of  the  WVBTT  early
                                        intervention system.

                                 WVBTT  or  other  participating  agencies  may  not  disclose
                                 personally identifiable information, as defined in this document, to
                                 any party that is not part of the WVBTT Part C system without your
                                 consent unless        authorized to do so under one of the following:
                                    •   Under  34  CFR  401  (d), WVBTT  is  required  to  notify  the
                                        State  education  agency  and  the  local  county  school
                                        system for the area in which the child resides that the child
                                        will  shortly  reach  the  age  of  eligibility  for  preschool
                                        services  under  Part  B  of  the  Act  at  three  years  of  age.
                                        WVBTT  will  forward  your  child’s  name  and  date  of  birth
                                        and  your  name  and  contact  information  to  the  county
                                        school  system  shortly  before  your  child’s  third  birthday.
                                        Your  local  county  school  system  will  offer  you  the
                                        opportunity to accept or decline eligibility determination for
                                        Part B services.
                                    •   One  of  the  exceptions  enumerated  in  34  CFR  99.31
                                        (where          applicable  to  Part  C)  is  expressly  adopted  to
                                        apply  to  Part  C  through  this  reference.  In  applying  the
                                        exceptions  in  34  CFR  99.31  to  Part  C  of  IDEA, WVBTT
                                        and participating service providers 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:
                                           34 CFR 99.30 means §303.414(a).









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