Part B of the Individuals with Disabilities Education Act Notice of Proposed Rulemaking

On September 6, 2011, the Department released a notice of proposed rulemaking (NPRM) to amend the IDEA Part B regulations. Changes are being proposed to the regulations regarding when a State or local educational agency seeks to use a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for Part B services. These proposed amendments to the Part B regulations would ensure the protection of the rights of parents and children and ensure that children with disabilities receive FAPE while addressing concerns raised by state educational agencies and local educational agencies regarding the burdens imposed by the current regulation.

The regulations should be published in the Federal Register in the next couple of weeks.

Part B Notice of Proposed Rulemaking:

Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.

As soon as the rule appears in the Federal Register, NAME will notify its members via email. Upon actual publication into the Federal Register, there will be a 60 day comment period. If you are in support of this proposed rule or have specific concerns, it will be essential that you submit official written comments indicating you support and/or concerns. Check back to the NAME Home Page for updates.

If you have any questions please contact:

John Hill, NAME Governmental Affairs Committee Chair
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317-232-0864