34 CFR Part 300 – 2013

DEPARTMENT OF EDUCATION
34 CFR Part 300
RIN 1820–AB64
[Docket ID ED–2011–OSERS–0012]
Assistance to States for the Education of Children With Disabilities
AGENCY: Office of Special Education and Rehabilitative Services, Department of Education.
ACTION: Final regulations.
SUMMARY: The Secretary of Education (Secretary) amends regulations for Part B of the Individuals with Disabilities Education Act (IDEA or Act). These regulations govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants for Children with Disabilities program. These amendments revise the parental consent requirements a public agency must meet before it may access for the first time a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for services required under the Act; ensure that parents of children with disabilities are specifically informed of all of their legal protections when public agencies seek to access public benefits or insurance (e.g., Medicaid) to pay for services required under the Act; and address the concerns expressed by State educational agencies (SEAs) and local educational agencies (LEAs) that requiring parental consent each time access to public benefits or insurance is sought, in addition to the parental consent required by the Family Educational Rights and Privacy Act (FERPA) and section 617(c) of the IDEA, imposes unnecessary costs and administrative burdens.
DATES: These regulations are effective on March 18, 2013.

Here is the PDF file.