Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act
March 2013
SPECIAL EDUCATION FIELD ADVISORY
FROM: James P. DeLorenzo
SUBJECT: Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act - PDF (51 KB)
The purpose of this memorandum is to provide information on a recent
amendment to federal regulations relating to a district’s responsibility
to obtain parental consent prior to billing Medicaid or other public
insurance benefits for special education services. 34 Code of Federal
Regulations (CFR) section 300.154(d), implementing the Individuals with
Disabilities Education Act (IDEA), was amended effective March 18, 2013
to simplify procedures for district access to public benefits while at
the same time continue to protect family rights. A summary of the
amendments and question and answer document, provided by the United
States Department of Education: Office of Special Education Programs are
available at: https://www2.ed.gov/policy/speced/reg/idea/part-b/part-b-parental-consent.html
.
The New York State Education Department (NYSED) will propose changes
to its State regulations to conform to the federal regulations.
However, districts are advised that they must continue to comply with
current State Regulations of the Commissioner of Education relating to
access to public benefits or insurance until such time as the State
amends its regulations. I anticipate that State regulations will be
amended consistent with the new federal requirements by July 2013.
Districts may continue to bill Medicaid, as appropriate, under the
current State requirements. See:
http://www.p12.nysed.gov/specialed/publications/policy/medicaidconsent.htm and
http://www.p12.nysed.gov/specialed/publications/medicaidparentalconsent.htm.
Please direct questions regarding Medicaid reimbursement to NYSED’s Medicaid Unit at 518-474-7116 orMedinEd@mail.nysed.gov. Questions relating to the IDEA requirement for parental consent may be directed to the Special Education Policy Unit at 518-473-2878 or speced@mail.nysed.gov or the Special Education Quality Assurance Office in your region:
Central Regional Office (315) 428-4556
Eastern Regional Office (518) 486-6366
Hudson Valley Regional Office (518) 473-1185
Long Island Regional Office (631) 952-3352
New York City Regional Office (718) 722-4544
Western Regional Office (585) 344-2002
Nondistrict Unit (518) 473-1185
To ensure dissemination to appropriate individuals within a school
district, I ask Superintendents to please share this memorandum with
individuals such as Directors of Special Education, School
Psychologists, Committee on Special Education and Committee on Preschool
Special Education Chairpersons, Guidance Counselors and Directors of
Pupil Personnel and Parent Teacher Associations.
