THE STATE EDUCATION DEPARTMENT /
THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
SED seal 

Office of Vocational and Educational Services for Individuals with Disabilities
Statewide Coordinator for Special Education
www.p12.nysed.gov

Available in PDF Format for Printing         
                                                                   

June 2008

To: District Superintendents
  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 Signature of James P. DeLorenzo
Subject:
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 vesidspe@nysed.gov or (518) 473-2878.  If you have questions regarding parental consent for Medicaid billing, please contact Hal Matott (hmatott@nysed.gov) or Steven Wright (swright2@nysed.gov) at (518) 474-7116.

Attachment - Parental Consent for Release of Educational Information for Medicaid Funding