NAME Flash: OSERS Guidance Rescinded on Parental Consent

As part of the Office of Special Education and Rehabilitative Services (OSERS) regulatory reform initiative, the department announced on Friday, October 20 2017 that OSERS has rescinded 72 guidance documents for being outdated, unnecessary or ineffective.

Please read the OSERS announcement:
www2.ed.gov/policy/speced/reg/eo13777/eo13777-stakeholder-communication-20171002.pdf

Review OSERS chart of rescinded guidance documents referred to in the announcement:
www2.ed.gov/policy/speced/reg/eo13777/eo13777-osers-outdated-guidance-list-reasons-20171020.pdf

Item number eleven on the chart of rescinded guidance documents references a one page document (click here) that was issued by OSERS on March 18, 2013, to clarify changes to the parental consent requirements specified in regulation 34 CFR 300.154(d) on accessing public benefits or insurance (e.g., Medicaid). The reason cited for rescinding this guidance document (see last column regarding item number eleven) asserts that it is no longer needed because it pertained to rolling out new 2006 regulations. Based on the linked document, it appears the guidance referenced was actually shared in 2013 when the 2006 requirements were changed, in part, to allow schools to obtain a one-time written consent instead of requiring parental consent “each and every time” the school accessed Medicaid.

Bottom line—-it appears at this time that the 2013 parental consent regulations remain in effect. NAME is closely monitoring the implications of Executive Order 13777 and will issue additional information to our members as we receive it.

John Hill, Executive Director
National Alliance for Medicaid in Education
317-902-5446
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www.medicaidforeducation.org