Page 8 - Procedural_Safeguards_PartCregs

WEST VIRGINIA BIRTH TO THREE PROCEDURAL
SAFEGUARDS NOTICE

These WVBTT Procedural Safeguards describe your child’s and
family’s rights and protections as defined by Part C of the Indi-
viduals with
Disabilities Education Act (IDEA).

This booklet uses language contained in 34 CFR 303-Part C
Regulations. The content of this booklet describes and serves
as
notice on each of the specific procedural safeguards you are
entitled to under the WVBTT system.

THE RIGHT TO INFORMED PARENTAL CONSENT AND
ABILITY TO DECLINE SERVICES

Consent means that you:
• Have been fully informed of all information relevant to
the activity for which consent is sought, in your Native
(primary) language as defined in this section;
• Understand and agree in writing to the carrying out of
the activity for which your consent is sought, and the
consent form describes that activity and lists the early
intervention records (if any) that will be released and to
whom they will be released; and
• Understand that the granting of consent is voluntary on
your part, and you may revoke (or take back) your con-
sent at any time.

If you revoke consent, that revocation is not retroactive (i.e., it
does not apply to an action that occurred before the consent
was revoked).

Your written consent must be obtained before:
• Any evaluations or assessments of your child are con-
ducted;
• Early intervention services are provided to your child;
• Public benefits are used if that use would result in a cost
to you; and
• Disclosure of personally identifiable information con-
sistent with consent requirements under confidentiality
(303.414).

If you do not consent to evaluations, assessments, or early
intervention services, the RAU or local service provider/
practitioner
participating in Part C shall make reasonable efforts to ensure
that you:
• Are fully aware of the nature of the evaluation and
assessment of your child or early intervention services
that would be available; and

8