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Special Education Listserv

Subject: IDEA Part B Final Regulations Related to Parental Consent to Access Public Benefits or Insurance (e.g. Medicaid) and Model Forms

Source: Bonnie Aaron, Director, Special Education Compliance

Intended Audience: System stakeholders in Part B of the Individuals with Disabilities Education Act (IDEA)

Date: April 19, 2013

The Office of Special Education Programs (OSEP) has revised the regulations concerning accessing public benefits/insurance to pay for certain services provided to students with a disability pursuant to an Individualized Education Program (IEP).

The regulations protect family rights by ensuring (1) the one-time parental consent specifies the parent understands and agrees the LEA may access their or their child's public benefits or insurance to pay for services under the IDEA; and (2) the written notification provides parents with critical information they may not have received in the past to enable parents to understand all of their rights and protections when a public agency seeks to access their or their child's public benefits or insurance.

A Q&A titled Non-regulatory Guidance on the IDEA Part B Regulations Regarding Parental Consent for the Use of Public Benefits or Insurance to Pay for Services under the IDEA, issued February 14, 2013, and effective March 18, 2013, sets forth details on what is required for the notification and consent.  This document may be accessed on the Department website: http://dese.mo.gov/se/compliance/MOSample_Forms/Index.html.

While the rules went into effect March 18, 2013, OSEP has indicated a new parental consent is not needed if there has been no change in any of the following: type of services to be provided to the child, amount of services, or the cost to be charged to the public benefit program and the district has on file a parental consent that meets the requirement of the prior regulation.  See Question 7 of the Q&A document above.

Parents must receive notification and provide consent to enable the school district to seek reimbursement from MO HealthNet.

Model notification and consent forms are available on the Department website at http://dese.mo.gov/se/compliance/MOSample_Forms/Index.html.