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.
Comment: Some commenters requested clarification on when consent is required if a State wishes to use insurance or benefits for a parent who is determined unable to pay. Some commenters expressed concerns that parents who had been determined unable to pay would still incur costs as a result of using their insurance or benefits for Part C services.
Discussion: We agree that the requirements in this section could be more clearly presented. We have restructured
§303.520(b) for clarity. Paragraph (b)(1) of this section
sets forth the general parental consent requirement and paragraph (b)(2) of this section sets forth the specific exceptions to parental consent. We have reworded the heading for this section to make clear that this section applies to any State that uses private insurance to pay for Part C services. We also have moved the substance of
proposed §303.520(b)(1)(iv) concerning a parent’s inability
to pay and a State’s obligation to provide Part C services,
to new §303.520(c).
Regarding commenters’ concerns that parents who
had been determined unable to pay would still incur costs as a result of using their insurance or benefits for Part C
services, §303.521(a)(6) requires the lead agency to pay