---
kind: "section"
citation: "34 C.F.R. § 303.420"
title: "34"
number: "303.420"
heading: "Parental consent and ability to decline services."
url: "https://uscodex.org/cfr/34/303.420"
---

# §303.420. Parental consent and ability to decline services.

- (a) The lead agency must ensure parental consent is obtained before—
  - (1) Administering screening procedures under [§ 303.320](/cfr/34/303.320.md) that are used to determine whether a child is suspected of having a disability;
  - (2) All evaluations and assessments of a child are conducted under [§ 303.321](/cfr/34/303.321.md);
  - (3) Early intervention services are provided to the child under this part;
  - (4) Public benefits or insurance or private insurance is used if such consent is required under [§ 303.520](/cfr/34/303.520.md); and
  - (5) Disclosure of personally identifiable information consistent with [§ 303.414](/cfr/34/303.414.md).
- (b) If a parent does not give consent under paragraph [(a)(1)](#a-1), [(a)(2)](#a-2), or [(a)(3)](#a-3) of this section, the lead agency must make reasonable efforts to ensure that the parent—
  - (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) Understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given.
- (c) The lead agency may not use the due process hearing procedures under this part or part B of the Act to challenge a parent's refusal to provide any consent that is required under [paragraph (a)](#a) of this section.
- (d) **The parents of an infant or toddler with a disability—**
  - (1) Determine whether they, their infant or toddler with a disability, or other family members will accept or decline any early intervention service under this part at any time, in accordance with State law; and
  - (2) May decline a service after first accepting it, without jeopardizing other early intervention services under this part.

## Notes

### Authority

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

### Source

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