The LEA must comply with the USE OF IDEA PART B FORMULA AMOUNTS IN GENERAL framework.

The "informed consent" that the LEA must obtain to access public benefits means:

• The parent has been fully informed of all information relevant to the LEA's use of public benefits or insurance in his or her native language or other mode of communication, including that the LEA may not:

• Require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive a free appropriate public education;

• Require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim;

• Use a child's benefits under a public benefits or insurance program if that use would decrease available lifetime coverage or any other insured benefit;

• Use a child's benefits under a public benefits or insurance program if that use would result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;

• Use a child's benefits under a public benefits or insurance program if that use would increase premiums or lead to the discontinuation of benefits or insurance; and

• Use a child's benefits under a public benefits or insurance program if that use would risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures;

• The parent is informed that the parent's refusal to allow access to public benefits or an insurance program in which the child participates does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents;

• The consent describes the activity of the LEA accessing public benefits or an insurance program;

• The consent lists the records (if any) that will be released and to whom;

• The parent understands and agrees in writing to the LEA accessing the public benefits or insurance program in which the child participates;

• The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; and

• The parent understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).