IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
program, particularly if the child or parent does not incur specified costs.
Commenters gave the following reasons for opposing the
parental consent requirement in proposed §303.520(a)(1)(i)
when a child or parent is already enrolled in a public benefits or insurance program: (1) the use of public benefits or insurance is an important funding source for IDEA Part C services, (2) there may be an administrative burden on State lead agencies and EIS providers in obtaining parental consent that could result in a delay in providing services to children and families, (3) IDEA statutory provisions, including sections 635(a)(10) and 640, require State lead agencies to coordinate all funding sources and to use IDEA Part C funds as a payor of last resort, respectively; (4) Federal IDEA Part C funds are
designed to be the “glue money,” and not the primary
funding source and thus only to be used when other Federal, State, and local funds are not available to pay for IDEA Part C services; and (5) when a child or parent is already enrolled in a public benefits or insurance program, a consent requirement does nothing to protect privacy given that the agency responsible for the administration of public insurance or public benefits already has personal information about the child and family and that other