IDEA Part B Final Regulations

Regulations Related to Parental Consent to Access Public Benefits or Insurance e.g., Medicaid

On February 14, 2013, the U.S. Department of Education published the Federal Register IDEA Part B final regulations that change the requirements in 34 CFR 300 154(d) related to parental consent to access public benefits or insurance (e.g., Medicaid). Previously, public agencies were required to obtain parental consent each time access to public benefits or insurance was sought. These final regulations, which take effect on March 18, 2013, will make it easier for school districts to access public benefits while still protecting family rights. In summary: The regulations protect family rights by ensuring that (1) the one-time parental consent specifies that the parent understands and agrees that the public agency may access their or their child’s public benefits or insurance to pay for services under the IDEA; and (2) the written notification provides parents with critical information that they may not have received in the past to enable parents to understand all of their right and protections when a district seeks to access their or their child’s public benefits or insurance. For more information, visit the US Department of Education's website.