Parental Notice and Consent
LEAs and SSAs are required to provide notification and obtain targeted parental consent before accessing a child’s or parent’s public benefits or insurance.
Written Notification
LEAs and SSAs must provide written parental notification prior to requesting consent and accessing benefits for the first time and annually thereafter. Minimally, it must include:
1. A statement of the parental consent to access public benefits {34 CFR 300.154(d)(2)(iv)(A)-(B)]:
- specify the personally identifiable information that may be disclosed (e.g., records or information about the services),
- describe the purpose of the disclosure (e.g., billing for specific IEP services),
- identify the agency to which the disclosure may be made (e.g., Medicaid).
2. A statement of the "no cost" provisions: voluntary participation will not decrease lifetime benefit or incur out-of-pocket expense [34 CFR 300.154(d)(2)(I)-(iii)];
3. A statement that the parents have the right to withdraw their consent at any time (34 CFR part 99 and part 300); and
4. A statement that the withdrawal of consent or refusal to provide consent does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents [34 CFR 300.154(d)(2)(v)].
The notification must be written in language understandable to the general public and in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so [34 CFR 300.503(c)].
One-Time Written Consent
LEAs and SAAs must obtain parental consent before releasing a child's personally identifiable information for billing purposes to a public benefits or insurance program for the first time. Minimally, it must include:
1. A statement of the parental consent to access public benefits [34 CFR 300.154(d)(2)(iv)(A)-(B)]:
- specify the personally identifiable information that may be disclosed (e.g., records or information about the services),
- describe the purpose of the disclosure (e.g., billing for specific IEP services),
- identify the agency to which the disclosure may be made (e.g., Medicaid).
2. A statement indicating that the parent understands and agrees that the public agency may access the child’s or parent’s public benefits or insurance to pay for specific services identified in the child's IEP.
Guidance Regarding Parental Consent for the Use of Public Benefits or Insurance