Proposed rule removes parental Notification and parental consent prior to accessing for the disabled child's public benefits.

AGENCY: Office of Special Education and Rehabilitative Services, Department of Education.

ACTION: Notice of proposed rulemaking.

Agency/Docket Number: Docket ID ED-2022-OSERS-0052

SUMMARY:

Dr. Miguel Cardona, @SecCardona Secretary of Education proposes to amend regulations under Part B of the Individuals with Disabilities Education Act (Part B of IDEA or the Act) that govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants program. Specifically, the Secretary proposes to amend the IDEA Part B regulations to remove the requirement for public agencies to obtain parental consent prior to accessing for the first time a child's public benefits or insurance ( e.g., Medicaid, Children's Health Insurance Program (CHIP)) to provide or pay for required IDEA Part B services. As there are no comparable consent requirements prior to accessing public benefits for children without disabilities, the removal of this consent requirement would align public benefits consent requirements for children with disabilities to those for children without disabilities and ensure equal treatment of both groups of children.

Specifically, he proposes to REMOVE the current requirement for public schools to obtain parental consent prior to accessing for the disabled child's public benefits or insurance (Medicaid, Children's Health Insurance Program (CHIP))

This curtails parental rights - and it provides public schools with a vehicle to claim reimbursement from Medi-Cal without permission of the family.

Submit Comment: We invite you to submit comments regarding this proposed regulation. To ensure that your comments have maximum effect in developing the final regulation, we urge you to clearly identify the specific section or sections of the proposed regulation that each of your comments addresses.

Directed Questions: As currently drafted, the proposed regulatory language would retain the requirement to include in the written notification to parents the “no cost” provisions in 34 CFR 300.154(d)(2)(i) through (iii). We invite your comments on the following questions relating to the written notification related to the “no cost” provisions in § 300.154(d)(2)(i) through (iii),[1] which will continue to remain in effect and would not be changed by this proposed regulatory action:

Deadline for comments before AUGUST 1, 2023

1.   Click https://federalregister.gov/documents/2023/05/18/2023-10542/assistance-to-states-for-the-education-of-children-with-disabilities

2. Then click green icon “SUBMIT A FORMAL COMMENT”

3. Please specify the Docket ID number and indicate “Information Collection Comments”

4. Sample script: "The current regulation under Agency/Docket Number: Docket ID ED-2022-OSERS-0052 should NOT be amended. Informed consent and parental rights must be upheld.

5. Once you have filled in the required fields below you can preview and/or submit your comment to the Education Department for review. All comments are considered public and will be posted online once the Education Department has reviewed them.

6. You can view alternative ways to comment or you may also comment via Regulations.gov at https://www.regulations.gov/commenton/ED-2023-OSERS-0052-0001. Submit same comment.

Comments submitted in response to this document should be submitted electronically through the Federal eRulemaking Portal at www.regulations.gov by selecting Docket ID Number ED–2022–OSERS–0052. Please specify the Docket ID number and indicate “Information Collection Comments” if your comment(s) relate to the information collection for this proposed rule. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Strategic Collections and Clearance Director, U.S. Department of Education, 400 Maryland Avenue SW, LBJ Room 6W201, Washington, DC 20202–8240. For further information contact ICDocketMgr@ed.gov.