Medicaid Services

Parental Consent for Medicaid Services, June 2007

As there may be confusion regarding a school’s responsibility to obtain parental consent when choosing to access public benefits or insurance, the Agency is providing the following clarification:

A letter was mailed to Administrators on January 18, 2007, referring to web-based guidance on the use of Medicaid benefits to pay for special education services. The letter was also posted on the SHARS ListServe. The referenced guidance specifically addresses parental consent. The U.S. Office of Special Education Programs provided additional guidance in May 2007.

Based on this information, districts should clearly understand the following points:

• Schools that choose to use Medicaid benefits to pay for special education services must obtain parental consent under the Individuals with Disabilities Education Act (IDEA 2004) regulation, 34 CFR, Section 300.154.

• Parents should be fully informed regarding the purpose of the consent consistent with federal regulations, 34 CFR, Sections 300.9 and 300.154.

• In order for parents to be fully informed regarding consent, schools should obtain parental consent for a specified amount of services over a specified period of time.

• A new request for parental consent should be sought when there is a change in services or at least every school year.

Guidance regarding Parental Consent for Medicaid Services is available at http://www.tea.state.tx.us/special.ed/guidance/medserv.html.

For technical assistance regarding this topic please consult your regional Education Service Center.

Special Education Main Page

Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560

Created: June 25, 2007

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