Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES

Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.


September 5, 2013 to PAVE Parent Training and Information Program Director Vicky McKinney
TOPIC ADDRESSED: Methods of Ensuring Services
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 612— State Eligibility
PDF (69KB)


Letter to Joseph Kinney
July 23, 2008
Topic: Obligations Related to and Methods of Ensuring Services
Letter reiterating the Department's position that Medicaid billing issues are governed primarily by Medicaid requirements and State law, and explaining the parental consent requirements that apply when access to public benefits or insurance is sought
MS Word (42K) | PDF (215K)


Letter to Angela Jones
August 7, 2008
Topic: Obligations Related to and Methods of Ensuring Services.
Letter concerning a separate State agency that would provide outreach programs for children who are blind or visually impaired.
MS Word (42K) | PDF (215K)


Letter to Joseph Kinney
May 7, 2008
Topic: Obligations related to and Methods of Ensuring Services
Letter concerning access to public insurance benefits and applicable parental consent requirements.
MS Word (22K) | PDF (78K)


Letter to John Copenhaver
January 24, 2008
Topic: Methods of Ensuring Services
Letter clarifying that Impact Aid funds and Medicaid funds are considered Federal funds, and may not be treated as State and local funds for maintenance of effort calculations.
MS Word (22K) | PDF (78K)


Letter to John Hill
December 20, 2007
Topic: Methods of Ensuring Services
Letter clarifying whether school-based Medicaid billing is optional or required under IDEA.
MS Word (22K) | PDF (78K)


Letter to Carlette Morris
August 15, 2007
Topic: Methods of Ensuring Services
Letter regarding use of an interagency agreement between a state or LEA and a State Medicaid Agency to obtain Medicaid reimbursement for Medicaid-covered services included in a Medicaid-eligible child's individualized education program (IEP).
MS Word (33K) | PDF (151K)


OSEP Memorandum 07-10 to State Directors of Special Education
May 3, 2007
Topic: Methods of Ensuring Services
Letter clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children and explaining that the LEA does not have to obtain a separate parental consent if parental consent is given directly to another agency, such as a state's Medicaid Agency.
MS Word (33K) | PDF (151K)


Letter to Chairman John D. Hill
March 8, 2007
Topic: Methods of Ensuring Services
Letter clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children and explaining that the local educational agency (LEA) does not have to obtain a separate parental consent if parental consent is given directly to another agency, such as a state's Medicaid Agency.
MS Word (33K) | PDF (151K)


Letter to Ms. Carolyn Guess>
February 9, 2007
Topic: Methods of Ensuring Services
Letter clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children.
MS Word (33K) | PDF (151K)

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Letter to Dr. Margaret A. Smith
January 23, 2007
Topic: Methods of Ensuring Services
Letter clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children.
MS Word (33K) | PDF (151K)


Letter to Ms. Susan D. DuRant
November 6, 2002
Topic: Methods of Ensuring Services
Letter regarding requirements to obtain parent consent under Part B of the IDEA and the Family Educational Rights and Privacy Act (FERPA) in order to access Medicaid or public insurance benefits.
MS Word (33K) | PDF (151K)


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Last Modified: 04/15/2015