(e) Children with disabilities who are covered by private insurance.
(1) With regard to services required to provide FAPE to an eligible child under this part, a public agency may access the parents’ private insurance proceeds only if the parents provide consent consistent with §300.9.
(2) Each time the public agency proposes to access the parents’ private insurance proceeds, the agency must—
(i) Obtain parental consent in accordance with paragraph (e)(1) of this section; and
(ii) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
Last modified on July 12, 2017