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ED/OSERS RIN: 1820-AB82 Publication ID: Fall 2022 
Title: ●Individuals With Disabilities Education Act 

The Department intends to issue a proposed rule to modify the requirement in 34 CFR 300.154(d)(2)(iv) that an LEA must obtain parental consent prior to accessing the child’s or the parent’s public benefits or insurance for the first time. This regulation has created a barrier to LEAs’ ability to access Medicaid funding to support critical services for children with disabilities and is not required by the IDEA. Therefore, the Department is planning to issue this proposed rule to streamline LEAs’ access to an important source of funding for children, reduce paperwork burden, and be consistent with the Act. This action is intended to increase child access to Medicaid funding and ensure there is no reduction in benefits to children while also protecting the rights of parents. The Department intends to continue to protect parents’ rights through the regulations by continuing to require LEAs to provide written notification prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter. The no cost provisions in the IDEA regulations, under 34 CFR 300.152(d)(2)(i) through (d)(2)(iii), will also continue to apply, and LEAs will continue to be prohibited from using a child’s benefits under a public benefits or insurance program if that use would decrease available lifetime coverage or any other insured benefit, result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school, increase premiums or lead to the discontinuation of insurance or benefits, or risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures. Further, the transfer of personally identifiable information continues to be protected under The Family Educational Rights and Privacy Act (FERPA). 

Agency: Department of Education(ED)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 34 CFR 154(d)(2)(iv)     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 20 U.S.C. 1412(a)(12)    20 U.S.C. 1412(e)   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Rebecca Walawender
Department of Education
Office of Special Education and Rehabilitative Services
550 12th Street SW, Room 5103,
Washington, DC 20202
Phone:202 245-7399