POLICY LETTER: January 23, 2007 to Volusia County, Florida Superintendent of Schools Margaret A. Smith
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POLICY LETTER: January 23, 2007 to Volusia County, Florida Superintendent of Schools Margaret A. Smith MS Word
MS WORDPOLICY LETTER: January 23, 2007 to Volusia County, Florida Superintendent of Schools Margaret A. Smith PDF
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POLICY LETTER: January 23, 2007 to Volusia County, Florida Superintendent of Schools Margaret A. Smith MS Word
Dated January 23, 2007Margaret A. Smith, D. Ed.Superintendent of SchoolsVolusia County SchoolsP.O. Box 2410723 Loomis AvenueDaytona Beach, Florida 32115-2410Dear Dr. Smith:This is in response to your August 31, 2006 letter to the Office of Special Education Programs (OSEP), regarding the parental consent requirements relating to accessing public benefits or insurance in 34 CFR 300.154(d)(2)(iv)(A) of the final regulations for Part B of the Individuals with Disabilities Education Act (Part B). I apologize for the delay in our response. In your letter, you point out potential effects on local educational agencies (LEAs) if they are required to obtain a separate consent from the parent each time access to Medicaid or other public benefits or insurance is sought to pay for required special education and related services provided to Medicaid-eligible children, and propose for our consideration the following interpretation.Due to the very nature of IDEA and its requirements for an Individualized Education Plan (IEP), interpretation of each time that access to public benefits or insurance is sought should be consistent with the timeframe of the IEP. School districts should be allowed to obtain consent at the initial development of the IEP and its subsequent reviews. Such an interpretation would lessen what will be a paperwork burden to teachers, service providers and public school systems.We believe that permitting a public agency to obtain parent consent for a specified amount of services for a specified period of time would be sufficient to enable parents to make an informed decision as to whether to consent before a public agency can access their or their child's public benefits or other public insurance. This consent may be obtained one time for the specific services, and duration of services identified in a child's individualized education program (IEP), and an LEA would not be required to obtain a separate consent each time a Medicaid agency or other public insurer or public program is I hope that this information is helpful. If you have any questions regarding this letter, please contact Dr. Deborah Morrow, at 202-245-7456.Sincerely,/s/Alexa Posny, Ph.D.DirectorOffice of Special Education ProgramsPage PAGE 2 Margaret A. Smith, D.Ed.
TOPIC ADDRESSED: Methods of Ensuring Service
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
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Last modified on April 26, 2017