IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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to a new §303.521(a)(4)(iv) regarding the provision that
families with public insurance or benefits or private insurance will not be charged disproportionately more than families who do not have public insurance or benefits or private insurance.
Comment: One commenter recommended that the "or" in
§303.521(a) should be "and/or."
Discussion: We agree with the commenter that the language in the second parenthetical in the introductory text of
§303.521(a) should be amended to make clear that the fees
charged to a family under a State system of payments can include one or more of the following funding sources: a
child’s or parent’s public insurance, public benefits, or
private insurance. Therefore, we have amended §303.521(a)
Changes: We have amended the second parenthetical in the
introductory text of §303.521(a) to say “(including any
fees charged to the family as a result of using one or more
of the family’s public insurance, public benefits, or
Comment: One commenter requested that the regulations in
§303.521(a) specify how and how often a State must evaluate
a family’s ability or inability to pay.
Discussion: A State is not required to reevaluate a