USE OF IDEA PART B FORMULA AMOUNTS IN GENERAL

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.103   FAPE—methods and payments.  

(a) Each State may use whatever State, local, Federal, and private sources of support that are available in the State to meet the requirements of this part. For example, if it is necessary to place a child with a disability in a residential facility, a State could use joint agreements between the agencies involved for sharing the cost of that placement. 
. . . 


Last Amended:  72 FR 61306, Oct. 30, 2007
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.103   FAPE—methods and payments.  

. . . 
(b) Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability. 
. . . 


Last Amended:  72 FR 61306, Oct. 30, 2007
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.103   FAPE—methods and payments.  

. . . 
(c) Consistent with §300.323(c), the State must ensure that there is no delay in implementing a child’s IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.


Last Amended:  72 FR 61306, Oct. 30, 2007
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.202  Use of amounts.  

(a) General. Amounts provided to the LEA under Part B of the Act—   
    (1) Must be expended in accordance with the applicable provisions of this part;   
. . . 


Last Amended:  71 FR 46779, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.202  Use of amounts.  

(a) General. Amounts provided to the LEA under Part B of the Act—   
. . .  
    (3) Must be used to supplement State, local, and other Federal funds and not to supplant those funds.   
. . . 


Last Amended:  71 FR 46779, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
    (1) A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this part, as permitted under the public benefits or insurance program, except as provided in paragraph (d)(2) of this section.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .   
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
       (i) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .  
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (ii) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to pay;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

  . . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .    
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
          (A) Decrease available lifetime coverage or any other insured benefit;   
          (B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;   
          (C) Increase premiums or lead to the discontinuation of benefits or insurance; or   
          (D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and   
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.
. . .   
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
          (A) Decrease available lifetime coverage or any other insured benefit;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .    
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . . 
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
. . .  
          (B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .  
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
. . .    
          (C) Increase premiums or lead to the discontinuation of benefits or insurance; or   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .   
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (iii) May not use a child’s benefits under a public benefits or insurance program if that use would—   
. . .   
          (D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance. 
. . .  
    (2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—   
. . .    
       (ii) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to pay;   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(d) Children with disabilities who are covered by public benefits or insurance.       
. . .         
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—    
. . . 
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes— 
. . . 
(D) A statement that the withdrawal of consent or refusal to provide consent under 34 CFR part 99 and part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.            
. . .  


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(f) Use of Part B funds. 
    (1) If a public agency is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under this part, to ensure FAPE the public agency may use its Part B funds to pay for the service.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(f) Use of Part B funds. 
    (1) If a public agency is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under this part, to ensure FAPE the public agency may use its Part B funds to pay for the service.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.   

. . . 
(f) Use of Part B funds. 
    (1) If a public agency is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under this part, to ensure FAPE the public agency may use its Part B funds to pay for the service.   
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  
 
. . . 
(f) Use of Part B funds. 
. . .  
    (2) To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the public agency may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents’ benefits or insurance (e.g., the deductible or co-pay amounts).  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  
 
. . . 
(f) Use of Part B funds. 
. . .  
    (2) To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the public agency may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents’ benefits or insurance (e.g., the deductible or co-pay amounts).  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.154  Methods of ensuring services.  
 
. . . 
(f) Use of Part B funds. 
. . .  
    (2) To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the public agency may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents’ benefits or insurance (e.g., the deductible or co-pay amounts).  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

Program Guidelines 2018-2019 Special Education Consolidated Grant Application (TEA)

• General Allowable Activities and Use of Funds, pg. 24
• Unallowable Activities and Use of Funds, pg. 27

Guidelines, Provisions and Assurances (TEA)