Regulations Governing the Education of Children with Disabilities

Regulation Authority:

R.I.G.L. 16-24-1

Purpose and Reason:

In February 2013, the U.S. Office of Special Education and Rehabilitative Services published the final regulations under the Individuals with Disabilities Act (IDEA) to amend the use of public benefits or insurance in providing educational services. Federal regulations now permit public agencies to access a child’s or parent’s public benefits or insurance (e.g., Medicaid) by providing prior written notification to the child’s parents the first time benefits or insurance are accessed and annually thereafter. Federal regulations previously required notification each time public agencies sought to access the benefits or insurance. Under the new federal regulations, the written notification must meet certain requirements to ensure that parents can make an informed decision regarding whether to allow a public agency to use their’ child’s public benefits or insurance to pay for services for their child under IDEA. To implement the federally-authorized streamlined approach to accessing Medicaid reimbursement, it is necessary to revise section 300.154(d) of the RI Regulations Governing the Education of Children with Disabilities. That section sets forth the previous, transaction-based federal notification provision. The proposed revision incorporates the federal language, including the requirements to ensure informed authorizations. Two other revisions to the RI Regulations Governing the Education of Children with Disabilities are included in this Proposed Rule-Making. First, the time limitation to appeal a due process hearing decision in section 300.516(b) is revised to reflect a Rhode Island federal district court decision. And second, the timeline for an expedited due process hearing in section 300.532(c) is adjusted to accommodate certain procedural requirements in the regulations and to ensure that a decision is rendered in expedited fashion.