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 (IDEA) relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to the 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 Part 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

PRIVATE SCHOOLS


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

P The LEA may use IDEA Part B funds to make personnel available for parentally-placed private school children consistent with SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL.

USE OF PUBLIC BENEFITS AND INSURANCE


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

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 Part 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 their 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 the 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 PRIVATE INSURANCE


P Each time the LEA proposes to access the private insurance proceeds to pay for services required to provide a FAPE to the child with a disability, the LEA must: 300.154(e)

P 300.154(e)(2)(i)

P
  • Inform the parent that their refusal to permit the LEA to access their private insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parent.
300.154(e)(2)(ii)

USE OF IDEA PART B FUNDS


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

P
  • The LEA is unable to obtain parental consent to use the parents' 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 Part 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: Tuesday, April 18, 2017