CONSENT TO ACCESS PRIVATE INSURANCE

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CONSENT TO ACCESS PRIVATE INSURANCE

Authorities:  34 CFR Part 300

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice

The local educational agency (LEA) must comply with the PARENT and the ADULT STUDENT AND TRANSFER OF RIGHTS frameworks, as appropriate.
Practice
The LEA must comply with the USE OF IDEA PART B FORMULA AMOUNTS IN GENERAL framework.
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The LEA must obtain informed consent from the parent each time the LEA proposes to access the parent's private insurance proceeds.  Citations:
300.154(e)(1)
300.154(e)(2)(i)
 

ELEMENTS OF CONSENT TO ACCESS PRIVATE INSURANCE
Practice

The informed consent that the LEA must obtain to access private insurance means:

 Citations:
300.9
300.154(e)
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  • The parent has been fully informed of all information relevant to the LEA accessing the parent's private insurance in his or her native language or other mode of communication;
 Citations:
300.9(a)
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  • The parent is informed that the parent's refusal to permit the LEA to access their private insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents;
Citations:
300.154(e)(2)(ii)
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  • The consent describes the activity of the LEA accessing the parent's private insurance;
 Citations:
300.9(b)
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  • The consent lists the records, if any, that will be released and to whom;
 Citations:
300.9(b)
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  • The parent understands and agrees in writing to the LEA carrying out accessing the parent's private insurance;
 Citations:
300.9(b)
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  • The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; and
 Citations:
300.9(c)(1)
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  • If the parent revokes consent, that revocation is not retroactive; therefore, it does not negate an action that has occurred after the consent was given and before the consent was revoked.
 Citations:
300.9(c)(2)
  Last Updated : Wed, Apr 05, 2023