New Parental Consent Requirements-Action Required
On February 14, 2013 the US Department of Education published final amendments to the federal regulations that govern parental consent requirements that apply when a school district seeks Medicaid reimbursement for health related services delivered to a child pursuant to an IEP.
As of March 18, 2013, school districts will be required to provide written notice to the child's parents, before continuing to access Medicaid reimbursements, that explains all of the protections available to parents under Part B of the IDEA. This notice must be provided to ensure that parents are fully informed of their rights before a school district can continue to access Medicaid for health related services delivered to their child. Thereafter, this same notice must be provided annually. The US Department of Education has indicated that it will be publishing a model notice for school districts to use, in the near future. We will advise you as soon as the model notice is published. This notice should be sent to parents by March 18, 2013. A written notice form developed by MSB can be found here, but once the US Department of Education written notification form is developed, we would suggest that you utilize that form. Feel free to revise the format of our written notice developed by MSB to suit your needs, but maintain the statements of rights contained therein.
The revised federal regulations also will allow districts to obtain a one-time written consent from parents that will be effective throughout the period that the child is educated by the school district. This one-time consent can only be obtained once the initial written notification has been provided to parents. Unfortunately, because the state's special education regulations are currently more restrictive than the recently amended federal regulations, we believe school districts will not be able to take advantage of this "one-time" parental consent unless and until the State Department of Education revises the State Special Education Regulations.
Until then, our thought is that school districts should continue to obtain parental consent every year and at any time that the scope, duration and intensity of services change so as not to be out of compliance with State Special Education Regulations. We are hoping that the State Department of Education comes out with guidance to schools in this regard very soon.
- School districts must provide the written notification to parents by March 18 and
- Provide the written notification annually thereafter to be in compliance with this new federal requirement.
Please contact Kim Tortoriello if you have questions.