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Office of Special Education Programs Clarifies Parental Consent Requirements
in 34 CFR 300.9 of the Final Part B of IDEA
On May 3, 2007, the Office of Special Education Program issued a memo to all State Directors of Special Education clarifying the language in 34 CFR 300.9 of the Final Part of B of the Individuals with Disabilities Act of 2004 (IDEA). In question was the clause requiring parental consent each time access to public benefits or insurance is sought. The memo from the OSEP clarifies that parental consent is not required each and every time Medicaid is billed for services on behalf of a student under IDEA as long as parental consent is obtained for a specified amount of services for a specified period of time.
For more information and specific examples on the OSEP's stance on 34 CFR 300.9, download a copy of the memo from the OSEP.