OAR 581-015-2535: Children with Disabilities Covered by Private Insurance

(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.