Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 15 - SPECIAL EDUCATION
Section 581-015-2535 - Children with Disabilities Covered by Private Insurance
Universal Citation: OR Admin Rules 581-015-2535
Current through Register Vol. 63, No. 3, March 1, 2024
(1) With regard to services required to provide FAPE to a child with disabilities, a school district may access a parent's private insurance proceeds only if the parent provides informed consent consistent with this chapter.
(2) Each time the school district proposes to access the parent's private insurance proceeds, it must:
(a) Obtain parent consent in accordance with
this rule; and
(b) Inform the
parents that their refusal to permit the public agency to access their private
insurance does not relieve the public agency of its responsibility to ensure
that all required services are provided at no cost to the parents.
(3) IDEA funds:
(a) If a school district is unable to obtain
parental consent to use the parent's private insurance, to ensure FAPE, the
district may use its Part B funds to pay for the service.
(b) To avoid financial cost to parents who
otherwise would consent to use private insurance, or public insurance if the
parent would incur a cost, the school district may use its Part B funds to pay
the cost the parents otherwise would have to pay to use the parent's insurance
(e.g., the deductible or co-pay amounts).
(c) Proceeds from private insurance will not
be treated as program income for purposes of
34 CFR
80.25.
Stat. Auth.: ORS 343.041, 343.045 & 343.055;
Stats. Implemented: ORS 343.164, 343.045, 343.155, 34 CFR 300.154
Disclaimer: These regulations may not be the most recent version. Oregon 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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