USE OF IDEA PART B FORMULA AMOUNTS IN GENERAL  
 
Authorities:  34 C.F.R. Part 300
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
METHODS AND PAYMENTS


P The Texas Education Agency (TEA) may use whatever state, local, federal, and private sources of support available to the state, including the use of joint agreements between agencies involved, to provide a free appropriate public education (FAPE) for children with disabilities. 300.103(a)

P Nothing in the Individuals with Disabilities Education Act Part B (IDEA-B) relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability. 300.103(b)

P The TEA will ensure that there is no delay in implementing a child's individualized education program, including any case in which the payment source for providing or paying for special education and related services to the child is being determined. 300.103(c)

P IDEA-B amounts provided to the local educational agency (LEA) must: 300.202(a)(1)

P
  • Be used to supplement state, local, and other federal funds and not supplant such funds;
300.202(a)(3)

P

P

P

PRIVATE SCHOOLS


P To meet the requirement to provide services for parentally-placed private school children with disabilities, IDEA-B funds must be used consistent with the PROPORTIONATE SHARE FUNDING FOR CHILDREN WITH DISABILITIES PARENTALLY-PLACED IN PRIVATE SCHOOLS and the CHILDREN IN PRIVATE SCHOOLS frameworks.

P The LEA may use IDEA-B funds to make personnel available for children with disabilities parentally-placed in private schools consistent with the SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL framework.

USE OF PUBLIC BENEFITS AND INSURANCE


P The LEA must comply with the CONSENT TO ACCESS PUBLIC BENEFITS framework.

P The LEA may use state Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for IDEA-B services, except that the LEA may not: 300.154(d)(1)

P
  • Require the parent to sign up for or enroll in public benefits or insurance programs for the child to receive FAPE;
300.154(d)(2)(i)

P
  • Require the parent 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;
300.154(d)(2)(ii)

P
  • Use a child's benefits under a public benefits or insurance program if that use would:
300.154(d)(2)(iii)

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

P
    • 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)

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

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

P The LEA may pay the cost the parent would be required to pay, such as payment of a deductible or co-pay amount incurred in filing a claim for services provided under the IDEA. 300.154(d)(2)(ii)

P The LEA must notify the parent that the parent's withdrawal of consent or refusal to provide 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 parent. 300.154(d)(2)(v)(D)

USE OF IDEA-B FUNDS


P The LEA may use IDEA-B funds to pay for a specified service required under the IDEA to ensure a child receives a FAPE, when: 300.154(f)(1)

P
  • The LEA is unable to obtain parental consent to use the parent's private insurance or public benefits or insurance; and
300.154(f)(1)

P
  • The parent would incur a cost for a specified service required under the IDEA.
300.154(f)(1)

P The LEA may use IDEA-B funds to pay the cost that the parent otherwise would have to pay to use the parent's benefits or insurance, such as the deductible or co-pay amounts, if the parent would: 300.154(f)(2)

P
  • Incur a cost; and
300.154(f)(2)

P
  • Consent to use private insurance or public benefits to pay for services required to ensure the child with a disability receives a FAPE, if the parent could avoid financial cost.
300.154(f)(2)

 
 
Last Updated: Thursday, March 01, 2018