Comments on Proposed Changes to IDEA Parental Consent Regulations in Review

The U.S. Office of Special Education and Rehabilitation (OSERS) is currently reviewing comments received on its proposed changes to the IDEA parental consent requirements in 34 CFR 300.154 (d)(2)(iv).


The U.S. Department of Education’s Office of Special Education and Rehabilitation Services (OSERS) received 442 comments on the changes it has proposed to the Individuals with Disabilities Education Act (IDEA) parental consent requirements. The comment period on the recommended changes to 34 CFR 300.154 (d)(2)(iv) ended on December 12, 2011.

The proposed changes are an attempt to reduce the paperwork required for a provider to bill Medicaid for IDEA services. Schools report that the cost of meeting current Medicaid billing requirements exceeds the available reimbursement. OSERS received comments on the recommended changes from speech language pathologists, special education administrators, disability rights advocates, and many others interested in the provision of and access to special education services. The majority of the comments supported the proposed changes, especially since parents may not always be available or may be unresponsive when their approval is needed for each individual service provided to their children. Concerns included validation of the need for parents to receive information about their children.

OSERS is currently reviewing each comment and will publish written responses that address each one as well as any additional changes proposed for the regulations. On February 9, 2012, the chair of the National Alliance for Medicaid in Education (NAME) Governmental Affairs Committee, John Hill, met with OSERS representatives, who stated that completing this process is an ongoing priority for the office.

The proposed regulation was published in the Federal Register on September 28, 2011.

The public comments submitted to OSERS are available as directed below at

    1. Click on “Read Comments”
    2. Select “Proposed Rule” in the Select Document drop-down menu
    3. Enter keyword “ED–2011–OSERS–0012”
    4. Click on “Search”
    5. Public comments appear at the bottom of the page