Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES
Section 92-52-011 - Use of Funds for FAPE early intervention services

Universal Citation: 92 NE Admin Rules and Regs ch 52 ยง 011

Current through March 20, 2024

011.01 General Information

011.01A Pursuant to the provision of 92 NAC 51-011, IDEA Part B funds are available to provide FAPE services to infants and toddlers with verified disabilities from date of diagnosis until August 31 following their third birthday.

011.02 General Limitation in Budget Development

011.02A Except as provided in 92 NAC 52-007.05, only infants and toddlers with a verified disability shall receive FAPE early intervention services. This shall include the initial evaluation of an infant or toddler with a suspected disability regardless of the outcome of the verification decision.

011.02B Pursuant to Neb. Rev. Stat.79-1126, an infant or toddler with a disability under the age of three (or any subset of infants and toddlers with disabilities under the age of three), the school district or approved cooperative may not charge the parents of the infant or toddler with a disability for any services that are part of FAPE for that infant or toddler and the child's family, and those FAPE services must meet the requirements of both Parts B and C of the Individuals with Disabilities Education Act (IDEA).

011.02C Special Education Assurances and the IDEA Consolidated Application of a school district for providing services to infants and toddlers with disabilities shall be submitted annually via the NDE website to the Office Special Education. Any amendment to the Assurances or the IDEA Consolidated Application shall be subject to the same review as the initial assurances and funding application.
011.02C1 The fiscal year for FAPE early intervention services shall be September 1 to August 31.

011.02D The allowable and reimbursable costs for FAPE early intervention services as budgeted within the IDEA Consolidated Application are restricted to the items specified in 92 NAC 51-011.01B, which shall be documented and are subject to audit.

011.03 Use of Public Benefits or Public Insurance to Pay for FAPE early intervention services

011.03A A school district or approved cooperative may not use the public benefits or insurance of a child or parent to pay for FAPE early intervention services unless the school district or approved cooperative provides written notification, consistent with 92 NAC 52-011.03C, to the child's parents, and the school district or approved cooperative meets the no-cost protections identified in 92 NAC 52-011.03B.

011.03B With regard to using the public benefits or insurance of a child or parent to pay for FAPE early intervention services, the school district or approved cooperative:
011.03B1 May not require a parent to sign up for or enroll in public benefits or insurance programs as a condition of receiving FAPE early intervention services and must obtain consent prior to using the public benefits or insurance of a child or parent if that child or parent is not already enrolled in such a program;

011.03B2 Must obtain consent, consistent with 92 NAC 52-003.04 and 92 NAC 52-009.03A 2b to use a child's or parent's public benefits or insurance to pay for FAPE early intervention services if that use would:
011.03B2a Decrease available lifetime coverage or any other insured benefit for that child or parent under that program;

011.03B3b Result in the child's parents paying for services that would otherwise be covered by the public benefits or insurance program;

011.03B3c Results in any increase in premiums or discontinuation of public benefits or insurance for that child or that child's parents; or

011.03B3d Risk loss of eligibility for the child or that child's parents for home and community-based waivers based on aggregate health-related expenditures.

011.03B3 If the parent does not provide consent under 92 NAC 52-011.03B 1 or 011.03B2, the school district or approved cooperative must still make available those FAPE early intervention services on the IFSP to which the parent has provided consent.

011.03C Prior to using a child's or parent's public benefits or insurance to pay for FAPE early intervention services, the school district or approved cooperative must provide written notification to the child's parents that includes:
011.03C1 A statement that parental consent must be obtained under 92 NAC 52-009.02K, if that provisions applies, before the school district, approved cooperative, or EIS provider discloses, for billing purposes, a child's personally identifiable information to the Department of Health and Human Services that is responsible for the administration of the public benefits or insurance program (e.g., Medicaid);

011.03C2 A statement of the no-cost protection provisions in 92 NAC 52-011.03B and that if the parent does not provide the consent under 92 NAC 52-011.03B, the school district or approved cooperative must still make available those FAPE early intervention services on the IFSP for which the parent has provided consent;

011.03C3 A statement that the parents have the right under 92 NAC 52-009.02K, if that provision applies, to withdraw their consent to disclosure of personally identifiable information to DHHS, the agency that is responsible for the administration of the public benefits or insurance program (e.g., Medcaid), at any time; and

011.03C4 A statement of the general categories of costs that the parent would incur as a result of participating in a public benefits or insurance program (such as co-payments or deductibles, or the required use of private insurance as the primary insurance).

011.04 Use of private insurance to pay for Part C services

011.04A The school district or approved cooperative may not use the private insurance of a parent or toddler with a disability to pay for FAPE early intervention services unless the parent provides parental consent, consistent with 92 NAC 52-003.04 and 92 NAC 52-009.03A 2b, to use private insurance to pay for FAPE early intervention services for his or her child.
011.04A1 Parental consent must be obtained:
011.04A1a When the school district or approved cooperative or EIS provider seeks to use the parent's private insurance or benefits to pay for the initial provision of an early intervention service in the IFSP; and

011.04A1b Each time consent for services is required under 92 NAC 52-009.03A 1c due to an increase (in frequency, length, duration, or intensity) in the provision of services in the child's IFSP.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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