Will IDEA Regs Change? Notification & Parental Consent to Bill Medicaid

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Updates  from Office of Special Education And Rehabilitative Services (OSERS)

On September 6, 2011, the Department released a notice of proposed rulemaking (NPRM) to amend the IDEA Part B regulations.

Changes are being proposed to the regulations regarding when a State or local educational agency seeks to use a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for Part B services.

These proposed amendments to the Part B regulations would ensure the protection of the rights of parents and children and ensure that children with disabilities receive FAPE while addressing concerns raised by state educational agencies and local educational agencies regarding the burdens imposed by the current regulation.


Public Comment Period Open

The Secretary seeks public comment on these proposed amendments regarding the use of public benefits or insurance in which a child participates to provide or pay for services required under Part B of IDEA.

Submit your comments online through the Federal eRulemaking Portal:  http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=10;po=0;D=ED-2011-OSERS-0012

or via postal mail, commercial delivery, or hand delivery.

If you mail or deliver your comments, address them to Jennifer Sheehy, U.S. Department of Education, 400 Maryland Avenue, SW., room 5103, Potomac Center Plaza, Washington, DC 20202-2600.

No comments accepted by fax or by e-mail.

Comment period ends on December 12, 2011.

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