New Resources for California LEAs Implementing IDEA Parental Consent Requirements

Earlier this year the federal government made changes to parental consent requirements for school districts seeking access to Medicaid (Medi-Cal in California) reimbursement for medically necessary health services provided to students under the Individuals with Disabilities Education Act (IDEA). The new requirements primarily concern changes to frequency and formatting of parental consent, and are...

CDE Releases Guidelines for Compliance with Revised IDEA Parental Consent Requirements

On March 13, 2013, California's Department of Education (CDE) released a letter to assist local educational agencies (LEAs) in understanding requirements related to the use of public benefits and insurance to support the costs of providing IEP and IFSP services to students with disabilities under the Individuals with Disabilities Education Act (IDEA). The letter, which outlines state-specific...

Documenting Coordinated Services (Bundled Services) in IEPs to Comply with the IDEA Requirements

As LEAs arrange for the provision of related services, clarification has been requested concerning options through which LEAs may address individualized education programs (IEPs) that were developed following guidelines set by AB 3632 that included related services which were "bundled" together (similar to medication monitoring, Wraparound, and Day Treatment). This document is intended to...

U.S. Department of Education Publishes New Regulations Easing Burden of Parental Consent Requirements for Schools

On Thursday, February 14, 2013, the U.S. Department of Education (DOE) published final regulations that amend parental consent requirements under Part B of the Individuals with Disabilities Education Act (IDEA). This change signals greater access to Medicaid reimbursements for eligible special education health services provided by schools across the nation. Effective March 18, 2013, the new...

Parental Consent Under IDEA

Summary New federal regulations dictating parental consent requirements under the Individuals with Disabilities Education Act (IDEA) were issued in February of 2013, providing greater access to reimbursement for special education health services provided by schools. Previously, regulations for parental consent under 34 CFR § 300.154(d) (iv) (A) had stated that a school must obtain consent each...

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...

Lawmakers Push for Full Funding of IDEA

Lead by Senator Tom Harkin (D-Iowa), 13 Democratic senators are proposing a bill that would double the tax on cigarettes and small cigars in an effort to increase the federal government’s funding of education for children with disabilities from the current 16.1% to 40%, the amount originally proposed by IDEA in 1975. Track Senate Bill 1403 (search Bill Number 'S. 1403'), including access to...

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...

U.S. Department of Education Announces Intent to Amend Parental Consent Requirement in IDEA Part B

In a recently released 'Plan for Retrospective Analysis', the U.S. DOE calls out the parental consent requirement in IDEA Part B as a target for change.   The U.S. DOE calls out forthcoming proposed rule-making changes aimed at amending IDEA Part B "with the goals of maintaining critical parent protections and ensuring parents have the information they need regarding a public agency’s...

34 CFR Part 300: IDEA Part B Regulations

Children and youth (ages 3-21) receive special education and related services under IDEA Part B; pertinent citations: Subpart D - Evaluations, Eligibility Determination, Individualized Education Programs and Educational Placements 34 CFR 300.300 (Parental Consent) and 301 (Initial Evaluations). 34 CFR Part 300 was updated in February of 2013. View the current IDEA Part B regulation...