On September 28, 2011, the Office of Special Education and Rehabilitative Services posted a proposed regulation in the Federal Register that will change the IDEA regulation requiring schools to obtain parental consent prior to billing Medicaid for health-related IEP services. The proposed regulation can be found at: www.gpo.gov/fdsys/pkg/FR-2011-09-28/pdf/2011-22784.pdf

OSEP responded to question from NAME - Does 34 CFR 300.154(a)(1)34 CFR §300.154(a)(1) “The financial responsibility of each noneducational public agency described in paragraph (b) of this section, including the State Medicaid agency and other public insurers of children with disabilities must precede the financial responsibility of the LEA (or the State agency responsible for developing the child's IEP)”require an LEA to claim for Medicaid reimbursement? Link to OSEP response.