Education.com

Delivering Related Services (page 5)

National Dissemination Center for Children With Disabilities
Updated on Feb 25, 2011

How are related services funded?

State and local educational agencies are responsible for assuming the costs of public education, including the cost of special education and related services. Under IDEA ‘97, students with disabilities are entitled to a free appropriate public education (FAPE) and are entitled to receive these services at no cost to themselves or their families.

Part of the monies to finance special education and related services comes to States and local educational agencies (LEAs) through Federal funding of IDEA. What other funding sources are available to States and LEAs, besides the IDEA, to help cover the costs of special education and related services?

Interagency agreements or other arrangements. One of the primary methods for ensuring services, strengthened through IDEA ‘97, is the establishment and use of interagency agreements between the public agency responsible for the child’s education and other noneducational public agencies in the State or locale. States may engage in other mechanisms that result in interagency coordination and timely and appropriate delivery of services [§300.142(a)(4)]. Pertinent noneducational public agencies, according to IDEA ‘97, are those:

...otherwise obligated under Federal or State law, or assigned responsibility under State policy...to provide or pay for any services that are also considered special education or related services...that are necessary for ensuring FAPE to children with disabilities within the State... [§300.142(b)(1)]

This includes the State Medicaid agency and other public insurers of children with disabilities. A noneducational public agency, as described above, may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context [§300.142(b)(1)(ii)].

In order to receive funds under IDEA ‘97, the State Education Agency must have in effect agreements or other mechanisms with such agencies in order to define the financial responsibility that each agency has for providing services to ensure FAPE to children with disabilities [§300.142 (a)(1)]. Moreover, the financial responsibility of each noneducational public agency comes before the financial responsibility of the local educational agency (or the State agency responsible for developing the child’s IEP) [§300.142(a)(1)].

Public insurance. Insurance is another potential source of funding for related services. With certain limitations, “the public agency may use the Medicaid or other public insurance benefits programs in which a child with disabilities participates to provide or pay for services,” as permitted by the public insurance program. Limitations include:

  • The public agency may not require parents to sign up or enroll in public insurance programs in order for their child to receive FAPE under Part B of IDEA.
  • The public agency 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. The public agency, however, may pay the cost that the parent would otherwise be required to pay.
  • The public agency may not use a child’s benefits under a public 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 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 insurance; or (d) risk loss of eligibility for home and community-based waivers, based on the sum total of health-related expenditures. [§300.142(e)]

Private insurance. The IDEA ‘97 final regulations state that a public agency may access a parent’s private insurance proceeds only if the parent provides informed consent [§300.142(f)(1)]. Each time the public agency proposes to access the parent’s private insurance proceeds, it must obtain the parent’s informed consent and inform the parent that his or her refusal to permit such access to private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents [§300.142(f)(2)].

However, IDEA ‘97 states that “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” [§300.301(b)]. When parents voluntarily access private insurance to pay for related services, an insurance company cannot refuse payment by claiming that the school district is required under IDEA ‘97 to provide the services. Moreover, there can be no delay in implementing a child’s IEP, because the payment source for providing or paying for special education and related services to the child is being determined [§300.301(c)].

Resources

Return to Part I: An Overview of Related Services Under IDEA

Return to Part II. A Closer Look at Specific Related Services

Continue to Part IV:  Section 504 of the Rehabilitation Act

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