Amendment to Parental Consent Regulation (posted
Notice July 2013
Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act
SPECIAL EDUCATION FIELD ADVISORY
This memorandum is to inform you that the Board of Regents has approved as a permanent rule the amendment to section 200.5(b) of the Regulations of the Commissioner of Education. The amendment aligns State regulations to 34 Code of Federal Regulations (CFR) section 300.154(d) and (e) relating to students with disabilities who are covered by public benefits or insurance and students who are covered by private insurance. The effective date of the new rule is July 3, 2013.
Consistent with newly amended federal regulations, the amendment establishes procedures for districts and municipalities to access public benefits such as Medicaid to pay for certain special education and related services. Specifically, the amendment requires that public agencies:
Attached, for additional information, are the amended regulations (Attachment 1); a sample written annual notification form based on the sample form issued by the U.S. Department of Education for this purpose (Attachment 2); and a sample consent form (Attachment 3) that districts may use. Also attached are questions and answers based on federal guidance (Attachment 4). Please note that the attached sample forms replace those included in New York State Education Departmentís (NYSED) June 2008 and December 2009 field memorandums regarding parental consent for the use of public benefits or insurance pursuant to IDEA.
Please direct questions regarding Medicaid reimbursement to NYSEDís Medicaid Unit at 518-474-7116 or MedinEd@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 email@example.com or the Special Education Quality Assurance Office in your region:
Central Regional Office (315) 428-4556
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.
Attachment 1 - Amended Regulations
Attachment 2 - Sample Written Notification Form
Attachment 3 - Sample Consent Form
Attachment 4 - Questions and Answers