Special Education

Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act

July 2013

SPECIAL EDUCATION FIELD ADVISORY

FROM:
James P. DeLorenzo 

SUBJECT:
Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act - PDF PDF document (Memorandum and all attachments - 407 KB)

This memorandum is to inform you that the Board of Regents has approved as a permanent rule the amendment to section 200.5(b) of the Regulations of the Commissioner of Education.  The amendment aligns State regulations to 34 Code of Federal Regulations (CFR) section 300.154(d) and (e) relating to students with disabilities who are covered by public benefits or insurance and students who are covered by private insurance.   The effective date of the new rule is July 3, 2013.

Consistent with newly amended federal regulations, the amendment establishes procedures for districts and municipalities to access public benefits such as Medicaid to pay for certain special education and related services. Specifically, the amendment requires that public agencies:

  1. obtain a one-time written consent from the parent before accessing the child’s or parent’s public benefits or insurance for the first time; and
  2. prior to obtaining consent for the first time and annually thereafter, provide parents with a written notification that ensures that they are fully informed of their rights before a public agency can access public benefits or insurance to pay for services under the Individuals with Disabilities Education Act (IDEA).  This notice must be 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. 

Attached, for additional information, are the amended regulations (Attachment 1); a sample written annual notification form based on the sample form issued by the U.S. Department of Education for this purpose (Attachment 2); and a sample consent form (Attachment 3) that districts may use.  Also attached are questions and answers based on federal guidance (Attachment 4).  Please note that the attached sample forms replace those included in New York State Education Department’s (NYSED) June 2008 and December 2009 field memorandums regarding parental consent for the use of public benefits or insurance pursuant to IDEA. 

Please direct questions regarding Medicaid reimbursement to NYSED’s Medicaid Unit at 518-474-7116 or MedinEd@mail.nysed.gov.  Questions relating to the IDEA requirement for parental consent may be directed to the Special Education Policy Unit at 518-473-2878 or speced@mail.nysed.gov or the Special Education Quality Assurance Office in your region:

Central Regional Office (315) 428-4556
Eastern Regional Office (518) 486-6366
Hudson Valley Regional Office (518) 473-1185
Long Island Regional Office (631) 952-3352
New York City Regional Office (718) 722-4544
Western Regional Office (585) 344-2002
Nondistrict Unit (518) 473-1185

To ensure dissemination to appropriate individuals within a school district, I ask Superintendents to please share this memorandum with individuals such as Directors of Special Education, School Psychologists, Committee on Special Education and Committee on Preschool Special Education Chairpersons, Guidance Counselors and Directors of Pupil Personnel and Parent Teacher Associations.

Attachments

Attachment 1 - Amended Regulations

Attachment 2 - Sample Written Notification Form

Attachment 3 - Sample Consent Form

Attachment 4 - Questions and Answers

Last Updated: October 28, 2013