OSERS’ Issues Notice of Proposed Rulemaking (NPRM) for IDEA Part B

U.S. Office of Special Education and Rehabilitative Services releases a NPRM for regulation 300.154(d)(2)(iv), proposing changes to the regulation that dictates parental consent requirements under IDEA Part B.

Today, OSERS released a NPRM for the regulation which dictates parental consent requirements under IDEA Part B. The proposed regulation would permit public agencies to use public benefits or insurance to pay for services required under Part B of the Act without obtaining parental consent each time it seeks to access those benefits or insurance, provided that:

  1. parental consent requirements imposed under FERPA and § 300.622 are met, and
  2. written notification, as outlined in the NPRM, has been provided to parents

Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.

Download NPRM: MS Word (135KB) | PDF (239KB)

Notable Citations:

  1. “We propose to amend current §300.154(d)(2)(iv). Under the proposed change, the public agency responsible for providing special education and related services to a child would be required, before accessing a child’s or parent’s public benefits or insurance, to provide to the child’s parents written notification consistent with current §300.503(c)…. Thus, under these proposed regulations, the public agency would no longer be required to obtain parental consent each time that it seeks access to public benefits or insurance in order to provide a service to a child.  Public agencies would provide the written notification to parents of children who receive special education and related services prior to seeking access to the child’s or parent’s public benefits or insurance.”
  2. “Written notification may be provided to parents when it is most appropriate and convenient for the family, but must be provided before the State seeks to use the child’s or parent’s public benefits or insurance”
  3. “The school would no longer be required, as under current §300.154(d)(2)(iv)(A), to obtain parental consent each time that it seeks access to public benefits or insurance programs (which the Department has interpreted to mean each time there is a change in the services or cost of services billed to Medicaid or other public benefits or insurance programs).”


The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

Children and youth (ages 3-21) receive special education and related services under IDEA Part B.