STATE EDUCATION DEPARTMENT /
THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
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|Superintendents of Schools|
|Presidents of Boards of Education|
|New York City Board of Education|
|Principals of Public Schools|
|Directors of Pupil Personnel Services|
|Administrators of Nonpublic Elementary and Secondary Schools|
|Organizations, Parents and Individuals Concerned with Special Education|
|Impartial Hearing Officers|
|Commissioner’s Advisory Panel for Special Education Services|
|SETRC Professional Development Specialists|
|Regional School Support Centers|
|School Business Officials|
|From:||James P. DeLorenzo|
Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act
The purpose of this memorandum is to highlight parental consent requirements relating to the use of public benefits or insurance under 34 Code of Federal Regulations (CFR) sections 300.9 and 300.154(d) and sections 200.1(l) and 200.5(b)(v) implementing the Individuals with Disabilities Education Act (IDEA). Federal and State regulations require that school districts obtain parental consent each time that access to public benefits or insurance is sought.
IDEA requires that an agency obtain parental consent consistent with 34 CFR section 300.9 as follows. The parent:
Because the Medicaid application does not meet the IDEA parent consent requirements, for students whose services may be reimbursable under Medicaid, the LEA must independently obtain an annual parental consent to request Medicaid reimbursement. The request for consent must meet all of the requirements of 34 CFR sections 300.9 and 300.154(d) and reflect that the services to be billed are those prescribed on the student’s individualized education program (IEP). A sample consent form is attached for your use. School districts may not bill for Medicaid reimbursement without the appropriate documentation of parental consent.
If you have general questions about IDEA parental consent, please contact the Special Education Policy Unit at firstname.lastname@example.org or (518) 473-2878. If you have questions regarding parental consent for Medicaid billing, please contact Hal Matott (email@example.com) or Steven Wright (firstname.lastname@example.org) at (518) 474-7116.
Attachment - Parental Consent for Release of Educational Information for Medicaid Funding