---
kind: "section"
citation: "34 C.F.R. § 303.414"
title: "34"
number: "303.414"
heading: "Consent prior to disclosure or use."
url: "https://uscodex.org/cfr/34/303.414"
---

# §303.414. Consent prior to disclosure or use.

- (a) Except as provided in [paragraph (b)](#b) of this section, prior parental consent must be obtained before personally identifiable information is—
  - (1) Disclosed to anyone other than authorized representatives, officials, or employees of participating agencies collecting, maintaining, or using the information under this part, subject to [paragraph (b)](#b) of this section; or
  - (2) **Used for any purpose other than meeting a requirement of this part.**
- (b) A lead agency or other participating agency may not disclose personally identifiable information, as defined in [§ 303.29](/cfr/34/303.29.md), to any party except participating agencies (including the lead agency and EIS providers) that are part of the State's part C system without parental consent unless authorized to do so under—
  - (1) Sections [303.401(d)](/cfr/34/303.401.md?p=d), [303.209(b)(1)(i)](/cfr/34/303.209.md?p=b-1-i) and [(b)(1)(ii)](/cfr/34/303.209.md?p=b-1-ii), and [303.211(b)(6)(ii)(A)](/cfr/34/303.211.md?p=b-6-ii-A); or
  - (2) One of the exceptions enumerated in [34 CFR 99.31](/cfr/34/99.31.md) (where applicable to part C), which are expressly adopted to apply to part C through this reference. In applying the exceptions in [34 CFR 99.31](/cfr/34/99.31.md) to this part, participating agencies must also comply with the pertinent conditions in 34 CFR [99.32](/cfr/34/99.32.md), [99.33](/cfr/34/99.33.md), [99.34](/cfr/34/99.34.md), [99.35](/cfr/34/99.35.md), [99.36](/cfr/34/99.36.md), [99.38](/cfr/34/99.38.md), and [99.39](/cfr/34/99.39.md); in applying these provisions in [34 CFR part 99](/cfr/34/part99.md) to part C, the reference to—
    - (i) [34 CFR 99.30](/cfr/34/99.30.md) means [§ 303.414(a)](#a);
    - (ii) “Education records” means early intervention records under [§ 303.403(b)](/cfr/34/303.403.md?p=b);
    - (iii) “Educational” means early intervention under this part;
    - (iv) “Educational agency or institution” means the participating agency under [§ 303.404(c)](/cfr/34/303.404.md?p=c);
    - (v) “School officials and officials of another school or school system” means qualified personnel or service coordinators under this part;
    - (vi) “State and local educational authorities” means the lead agency under [§ 303.22](/cfr/34/303.22.md); and
    - (vii) “Student” means child under this part.
- (c) The lead agency must provide policies and procedures to be used when a parent refuses to provide consent under this section (such as a meeting to explain to parents how their failure to consent affects the ability of their child to receive services under this part), provided that those procedures do not override a parent's right to refuse consent under [§ 303.420](/cfr/34/303.420.md).

## Notes

### Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

### Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.