Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

been in place for years without any litigation.

We recognize that this exception to parental consent for use of private insurance to pay for services differs from the implementing regulations of Part B of the Act, which do not contain a similar exception. However, Part B of the Act requires FAPE be provided at no cost. In contrast, Part C of the Act explicitly authorizes States to establish a system of payments that may result in a parent incurring some costs. The exception in proposed

§303.520(b)(2) ensures that parents are afforded needed

protections while providing the lead agency with the ability to use private insurance to pay for Part C services in those States, maximize funding sources, and use Part C funds as a payor of last resort.

The Secretary believes these Part C regulations protect parents in all States by providing them with

information about the State’s system of payments, including

(if applicable) the relevant use of private insurance and exceptions regarding specific statutory no-cost protections. Additionally, parents ultimately retain the right to decline or revoke consent for any particular Part C service in the IFSP for their child if they do not wish to have their private insurance used for a particular service.