CONSENT TO ACCESS PUBLIC BENEFITS

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.      
(1) A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this part, as permitted under the public benefits or insurance program, except as provided in paragraph (d)(2) of this section.        
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
(i) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;           
(ii) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to pay;           
(iii) May not use a child’s benefits under a public benefits or insurance program if that use would—               (A) Decrease available lifetime coverage or any other insured benefit;              
(B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;              
(C) Increase premiums or lead to the discontinuation of benefits or insurance; or              
(D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and           
(iv) Prior to accessing a child's or parent's public benefits or insurance for the first time, and after providing notification to the child's parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—
(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g., the State’s public benefits or insurance program (e.g., Medicaid)); and 
(B) Specifies that the parent understands and agrees that the public agency may access the parent’s or child’s public benefits or insurance to pay for services under part 300. 
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes— 
(A) A statement of the parental consent provisions in paragraphs (d)(2)(iv)(A) and (B) of this section; 
(B) A statement of the ‘‘no cost’’ provisions in paragraphs (d)(2)(i) through (iii) of this section; 
(C) A statement that the parents have the right under 34 CFR part 99 and part 300 to withdraw their consent to disclosure of their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) at any time; and 
(D) A statement that the withdrawal of consent or refusal to provide consent under 34 CFR part 99 and part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.           
. . . 



Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.      
. . .         
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
. . . 
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with § 300.503(c), to the child’s parents, that includes— 
(A) A statement of the parental consent provisions in paragraphs (d)(2)(iv)(A) and (B) of this section; 
(B) A statement of the ‘‘no cost’’ provisions in paragraphs (d)(2)(i) through (iii) of this section; 
(C) A statement that the parents have the right under 34 CFR part 99 and part 300 to withdraw their consent to disclosure of their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) at any time; and 
(D) A statement that the withdrawal of consent or refusal to provide consent under 34 CFR part 99 and part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.           
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.503  Prior notice by the public agency; content of notice.   

. . . 
(c) Notice in understandable language. 
    (1) The notice required under paragraph (a) of this section must be—   
       (i) Written in language understandable to the general public; and   
       (ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.   
    (2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure—   
       (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;   
       (ii) That the parent understands the content of the notice; and   
       (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met. 


Last Amended:  71 FR 46792, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.       
. . .          
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—    
. . .  
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes— 
(A) A statement of the parental consent provisions in paragraphs (d)(2)(iv)(A) and (B) of this section; 
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.
. . . 
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—     
. . . 
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes— 
. . . 
(C) A statement that the parents have the right under 34 CFR part 99 and part 300 to withdraw their consent to disclosure of their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) at any time; and 
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.       
. . .         
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—    
. . . 
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes— 
. . . 
(D) A statement that the withdrawal of consent or refusal to provide consent under 34 CFR part 99 and part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.            
. . .  


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.       
. . .          
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
            (i) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;            
(ii) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to pay;           
(iii) May not use a child’s benefits under a public benefits or insurance program if that use would—               (A) Decrease available lifetime coverage or any other insured benefit;              
(B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;              
(C) Increase premiums or lead to the discontinuation of benefits or insurance; or              
(D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and           
(iv) Prior to accessing a child's or parent's public benefits or insurance for the first time, and after providing notification to the child's parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—
(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g., the State’s public benefits or insurance program (e.g., Medicaid)); and 
(B) Specifies that the parent understands and agrees that the public agency may access the parent’s or child’s public benefits or insurance to pay for services under part 300. 
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes— 
(A) A statement of the parental consent provisions in paragraphs (d)(2)(iv)(A) and (B) of this section; 
(B) A statement of the ‘‘no cost’’ provisions in paragraphs (d)(2)(i) through (iii) of this section; 
(C) A statement that the parents have the right under 34 CFR part 99 and part 300 to withdraw their consent to disclosure of their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) at any time; and 
(D) A statement that the withdrawal of consent or refusal to provide consent under 34 CFR part 99 and part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.           
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .   
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
       (i) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .  
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (ii) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to pay;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

  . . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .    
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
          (A) Decrease available lifetime coverage or any other insured benefit;   
          (B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;   
          (C) Increase premiums or lead to the discontinuation of benefits or insurance; or   
          (D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and   
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.
. . .   
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
          (A) Decrease available lifetime coverage or any other insured benefit;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .    
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . . 
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
. . .  
          (B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .  
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
. . .    
          (C) Increase premiums or lead to the discontinuation of benefits or insurance; or   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .   
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
. . .   
          (D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.      

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.     
. . .       
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
. . .         
(iv)  Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child’s parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—         
(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g.,the State’s public benefits or insurance program (e.g., Medicaid)); and 
(B) Specifies that the parent understands and agrees that the public agency may access the parent’s or child’s public benefits or insurance to pay for services under part 300.
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 99.30  Under what conditions is prior consent required to disclose information?    

(a) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provided in Sec. 99.31.    
. . . 


Last Amended:  69 FR 21671, April 21, 2004
Entered:  Jan. 14, 2009

34 Code of Federal Regulations § 300.154  Methods of ensuring services.      

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.     
. . .       
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
. . .        
(iv)  Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child’s parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—         
(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g.,the State’s public benefits or insurance program (e.g., Medicaid)); and 
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 99.30  Under what conditions is prior consent required to disclose information?    

. . .   
(b) The written consent must:    
    (1) Specify the records that may be disclosed;     
. . . 


Last Amended:  69 FR 21671, April 21, 2004
Entered:  Jan. 14, 2009
    

34 Code of Federal Regulations § 300.154  Methods of ensuring services.      

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.     
. . .       
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
. . .        
(iv)  Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child’s parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—         
(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g.,the State’s public benefits or insurance program (e.g., Medicaid)); and 
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 99.30  Under what conditions is prior consent required to disclose information?    

. . . 
(b) The written consent must:    
. . . 
    (2) State the purpose of the disclosure; and     
. . .    


Last Amended:  69 FR 21671, April 21, 2004
Entered:  Jan. 14, 2009

34 Code of Federal Regulations § 300.154  Methods of ensuring services.      

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.     
. . .       
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
. . .        
(iv)  Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child’s parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—         
(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g.,the State’s public benefits or insurance program (e.g., Medicaid)); and 
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 99.30  Under what conditions is prior consent required to disclose information?    

. . .   
(b) The written consent must:    
  . . . 
    (3) Identify the party or class of parties to whom the disclosure may be made.   
. . .   


Last Amended:  69 FR 21671, April 21, 2004
Entered:  Jan. 14, 2009

34 Code of Federal Regulations § 300.154  Methods of ensuring services.      

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.     
. . .       
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
. . .         
(iv)  Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child’s parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—         
. . . 
(B) Specifies that the parent understands and agrees that the public agency may access the parent’s or child’s public benefits or insurance to pay for services under part 300.
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

 

School Health and Related Services (TEA)
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 (USDE)

OSERS Memorandum to State Directors of Special Education (June 11, 2013)-IDEA Part B Written Notification Regarding Use of Public Benefits or Insurance (USDE)