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.
concerns, such as avoiding the potential negative impact on
a parent’s credit rating, do not apply when a child or
parent is already enrolled in a public insurance or benefits program. Additionally, two commenters who opposed the parental consent requirement when a child or parent is already enrolled in a public benefits or insurance program noted that parents already have the right under Part C of the Act to consent to each and every Part C service on the IFSP and that a separate consent provision provided parents with no additional protections.
A minority of commenters supported proposed
§303.520(a)(1)(i). The primary reasons cited by commenters
for supporting a parental consent requirement when a child or family is already enrolled in a public benefits or insurance program were that: (1) parents should be informed of all potential costs regarding use of their benefits; (2) parents should understand any potential limitations in coverage or future negative consequences and consent ensures accountability; (3) the IDEA Part C consent regulations should align with the IDEA Part B consent regulations; and (4) the consent provisions for public and private insurance should be aligned.
The commenters who expressed concern regarding the potential costs for parents of using public benefits or