NC Education Code · NC Policy Manual
NC 1505-2.13 Consent
Plain English summary
This regulation establishes when parental consent is required before disclosing personally identifiable information about students with disabilities. Consent is generally required for disclosure to outside parties, with specific exceptions for participating agency officials, though additional consent requirements apply for transition services and private school enrollment scenarios. The rule also grants consent rights to eligible children who have reached the age of majority under State law.
Key requirements
- Parental consent must be obtained before personally identifiable information is disclosed to parties other than officials of participating agencies, unless the disclosure is authorized without parental consent under 34 CFR part 99.
- Parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part, except as provided in paragraphs (b)(2) and (b)(3).
- Parental consent or the consent of the eligible child who has reached the age of majority under State law must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with NC 1503-4.2(b)(3).
- If a child is enrolled or is going to enroll in a private school that is not located in the LEA of the parent's residence, parental consent must be obtained before any personally identifiable information about the child is released between the officials in the LEA where the private school is located and officials in the LEA of the parent's residence.
Affected parties
- Parents of students with disabilities
- Eligible students who have reached the age of majority
- Local Education Agencies (LEAs)
- Participating agencies
- Officials of private schools
- Agencies providing or paying for transition services