CONSENT TO ACCESS PUBLIC BENEFITS  
 
Authorities: 34 C.F.R. Parts 99 and 300
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P The local educational agency (LEA) must comply with PARENT and ADULT STUDENT, as appropriate.

P The LEA must comply with USE OF IDEA PART B FORMULA AMOUNTS IN GENERAL.

P The LEA may use Medicaid or other public benefits or insurance programs in which the child participates to provide or pay for services required under the Individuals with Disabilities Education Act (IDEA), as permitted under the public benefits or insurance program, except as provided in this framework. 300.154(d)

ELEMENTS OF REQUIRED NOTICE


P Prior to accessing the child's or the parent's public benefits or insurance for the first time, and annually thereafter, the LEA must provide written notice to the parent in language understandable to the general public and in the parent's native language or other mode of communication, that includes a statement: 300.154(d)(2)(v)
300.503(c)

D
  • Of the parental consent provisions of this framework;
300.154(d)(2)(v)(A)

D
  • That the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; 
300.154(d)(2)(v)(C)

D
  • That the parent's withdrawal of consent or refusal to consent to disclose personally identifiable information to Medicaid does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents;
300.154(d)(2)(v)(D)

D
  • That the LEA may not require the parent to:
300.154(d)(2)

D
    • Sign up for or enroll in public benefits or insurance programs in order for the child to receive a free appropriate public education; or
300.154(d)(2)(i)

D
    • Incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim; and
300.154(d)(2)(ii)

D
  • That the LEA may not use the child's benefits under a public benefits or insurance program if that use would:
300.154(d)(2)(iii)

D
    • Decrease available lifetime coverage or any other insured benefit;
300.154(d)(2)(iii)(A)

D
    • 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;
300.154(d)(2)(iii)(B)

D
    • Increase premiums or lead to the discontinuation of benefits or insurance; or
300.154(d)(2)(iii)(C)

D
    • Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.
300.154(d)(2)(iii)(D)

ELEMENTS OF CONSENT TO ACCESS PUBLIC BENEFITS


P Prior to accessing the child's or the parent's public benefits or insurance for the first time, and after providing notification to the parent consistent with this framework, the LEA must obtain written parental consent that is signed and dated and that specifies: 300.154(d)(2)(iv)
99.30(a)

D
  • The personally identifiable information that may be disclosed (e.g., records or information about services that may be provided to the child);
300.154(d)(2)(iv)(A)
99.30(b)(1)

D
  • The purpose of the disclosure (e.g., billing for services under IDEA Part B); 
300.154(d)(2)(iv)(A)
99.30(b)(2)

D
  • The agency to which the disclosure may be made (e.g., Medicaid); and 
300.154(d)(2)(iv)(A)
99.30(b)(3)

D
  • That the parent understands and agrees that the LEA may access the parent's or the child's public benefits or insurance to pay for service under IDEA Part B.
300.154(d)(2)(iv)(B)

 
 
Last Updated: Wednesday, April 19, 2017