METHODS AND PAYMENTS

Nothing in the Individuals with Disabilities Education Act (IDEA) 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.

The TEA will ensure that there is no delay in implementing a child's individualized education program (IEP), including any case in which the payment source for providing or paying for special education and related services to the child is being determined.

• Comply with the MAINTENANCE OF EFFORT framework;

• Be used to supplement State, local, and other federal funds and not supplant such funds; and

• Comply with the EXCESS COSTS framework.

PRIVATE SCHOOLS

The LEA may use IDEA Part B funds to make personnel available for parentally-placed private school children consistent with the USE AND DEVELOPMENT OF PERSONNEL framework.

The LEA must comply with the CONSENT TO ACCESS PUBLIC BENEFITS framework.

• Require parents to sign up for or enroll in public benefits or insurance programs for their child to receive FAPE;

• Require parents to pay a deductible or co-pay amount incurred in filing a claim for services;

• Use the child's benefits under a public benefits or insurance program if that use would:

• Decrease available lifetime coverage or any other insured benefit;

• Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures;

• Increase premiums or lead to the discontinuation of benefits or insurance; or

• Result in the family paying for services that would otherwise be covered by the public benefits or insurance program; and

• The services are required for the child outside of the time the child is in school.

The LEA may pay the cost the parents would be required to pay, such as payment of a deductible or co-pay amount incurred in filing a claim for services provided under the IDEA.

The LEA must notify parents that the parents' refusal to allow access to their public benefits or insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents.

The LEA may access the parents' private insurance proceeds to pay for services required to provide a FAPE to a child with a disability only if:

• Each time the LEA proposes to access the private insurance proceeds, the LEA must comply with the CONSENT TO ACCESS PRIVATE INSURANCE framework; and

• The LEA must inform the parents that their refusal to permit the LEA to access their private insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents.

USE OF IDEA PART B FUNDS

The LEA may use IDEA Part B funds to pay for a specified service required under the IDEA to ensure the child receives a FAPE, when:

• The LEA is unable to obtain parental consent to use the parents' private insurance or public benefits or insurance; and

• The parents would incur a cost for a specified service required under the IDEA.

• The parents would incur a cost; and

• The parents would provide consent for the LEA to use private insurance or public benefits or insurance to pay for services required to ensure the child with a disability receives a FAPE if they could avoid financial cost.