Parental Consent & Annual Notifications
Prior to accessing a child's or parent's public benefits for the first time, a public agency must (1) obtain written parental consent for the disclosure of information and (2) must provide notice to parents of their rights under the Individuals with Disabilities Education Act (IDEA). Written parental consents are reviewed by the Colorado Department of Education (CDE) for the sample of students received during comprehensive reviews. Whether or not annual notifications were sent in a given fiscal year is reviewed during submissions of Reimbursement Spending Reports (RSR) to CDE. This is a critical step to ensuring compliance with relevant regulations. Approaches to obtain the one-time parental consent, or sending the annual notifications, may vary by district. CDE does not provide one-time consent form templates. Please consult your district's legal team for your district's specific processes.
Written One-time Parental Consent
What is required: Obtaining written parental consent informing parents of what Personally Identifiable Information (PII) may be disclosed, why, and with whom the information will be shared is a requirement under the Federal Education Rights Privacy Act (FERPA). For more information, visit the FERPA webpage
Helpful Links
- CDE Data Privacy and Security webpage
- CDE Data Privacy Videos and Training webpage
- Contact the CDE Data Privacy Office for questions or resource request: dataprivacy@cde.state.co.us
Annual Notifications
What is required: Providing an annual notification to parents notifying them of their rights is a requirement under the Individuals with Disabilities Education Act (IDEA), including their right to:
- Not be required to sign up for or enroll in public benefits or insurance programs in order to receive services.
- Not incur out-of-pocket expenses, or otherwise have their insured benefits negatively impacted.
- Not have their child’s services affected if consent is refused.
- Withdraw or refuse consent at any time.
The list of requirements for the annual notification to parents can be founds on the U.S. Department of Education website.
Helpful Links