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1 the Honorable Arne Duncan August 2, 2010 Secretary of Education

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1 the Honorable Arne Duncan August 2, 2010 Secretary of Education The Honorable Arne Duncan August 2, 2010 Secretary of Education U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202 Dear Secretary Duncan: The undersigned organizations, representing a broad national coalition of public health, disability, education, hospital, organized labor, health care providers, and others write to request you to remove the 2006 IDEIA regulation at § 300.154(d) (iv) (A), which requires that school districts obtain parental consent, consistent with § 300.9, each time that access to a student’s Medicaid benefits is sought. Obtaining parental consent to bill Medicaid as mandated by the new regulation has proven to be exceptionally problematic for school districts. Many parents are mistakenly concerned that giving consent will result in out-of-pocket costs to them or a reduction in Medicaid benefits. The administrative time required of district staff to follow-up with students and parents to get signatures is costly, time-consuming, and ineffective. As a result, some LEAs are withdrawing from the reimbursement program and others have decided not to participate. Even more significant is the direct loss of reimbursement dollars to schools. This regulatory action could not have come at a worse time, as school districts across the country struggle with severe budget cuts. This regulation restricts federal reimbursement for services the schools deliver under federal mandate, imposing additional costs for compliance, and lost revenue from reduced parental participation. Losses to school districts across the country as result of this regulation are measured in the millions of dollars. By CMS’s own numbers, reimbursement to schools for the provision of direct services under IDEIA declined nationally between FFY2005 and 2008 by $422 million, a 21% decrease. Whether this is due to parental consent or myriad other factors is a valid debate, but at least a sizable portion of that amount relates directly to the parental consent regulation. Specific district losses are available. As but one example, a large Western school district estimates a $1.6 million loss between its 2008/2009 reimbursements. Specific numbers are available from a number of school districts across the country. 1 To frame the argument in its simplest terms: Schools have operated for more than twenty years without the regulation and with no abuses The regulation was created and promulgated under the previous administration The requirement for individual consent before billing Medicaid has had a chilling effect on the ability of school districts to obtain funds that are reimbursement for services they are mandated to provide As a result of the regulation, school districts have lost millions of reimbursement dollars In the period between FFY2005 and 2008 Medicaid payments to schools have experienced a decrease of $422 million, or 21% In a recent meeting, the Centers for Medicare and Medicaid Services indicated the regulation is of no interest to them and is solely a matter for the Department of Education On behalf of children’s health programs across the country, we respectfully request that you immediately remove the parental consent requirement found at § 300.154(d) (iv) (A) of the current version of the Individuals With Disabilities Education Improvement Act. Thank you very much for your assistance in this matter Very truly yours, The LEAnet Board of Directors c/o Dr. Sherry Purcell 29th Floor Los Angeles Unified School District 333 Beaudry Los Angeles, CA [email protected] cc: Tom Harkin (IA) c/o Bethany Little Michael B. Enzi (WY) c/o Beth Buehlman Chuck Schumer (NY) c/o Meghan Taira Christopher Dodd (CT) c/o Madeline Gitmomer Lamar Alexander (TN) c/o David Cleary George Miller (CA) c/o Denise Forte John Kline, Ranking Member (MN) c/o James Bergeron Dale Kildee, Chairman (MI) c/o Lillian Pace Michael N. Castle, Ranking Member (DE) c/o Jessica Gross 2 Signatories [partial list] Aberdeen School District WA Auburn Union Elementary School Abington School District PA District CA Abington Heights School District PA Aurora Public Schools CO Acld Tillotson School PA Austin Independent School District TX Adams Count School District 50 CO Avella Area School District PA Adna School District WA Avon Grove Community School PA Akron Westfield Schools IA Avon Grove School District PA Alameda Unified School District CA Avonworth School District PA Alamogordo Public Schools NM Aware, Inc. MT Albert Gallatin Area Schools PA Bainbridge Island School WA Albuquerque Public Schools NM Bald Eagle Area School District PA Aldine Independent School District TX Baldwin-Whitehall School District PA Aliquippa School District PA Baltimore County Public Schools MD Allegheny Intermediate Unit 3 PA Bangor Area School District PA Allegheny Valley School District PA Bastrop Independent School District TX Allegheny-Clarn Valley School District PA Bastrop Special Education Co-op TX Allentown City School District PA Battle Ground School District WA Alliance For Progress Community Bazelon Center for Mental Health Law DC School PA Beaumont Unified School District CA Almira School District WA Beaver Area Academic Community Alpine School District UT School PA Alternative Billing Consultants CA Beaver Area School District PA Altoona Area School District PA Beaver Valley Intermediate Unit 27 PA Alum Rock Union School District CA Bedford Area School District PA Ambridge Area School District PA Bellefonte Area School District PA American Association of School Bellevue School District WA Administrators DC Bellingham School Dist WA Anacortes School District WA Bellwood-Antis School District PA Anamosa School District IA Belmont Academy Community School PA Annville-Cleona School District PA Belmont Community School PA Antietam School District PA Bennett Valley Union School District CA Apollo-Ridge School District PA Bensalem Twp School District PA Appalachia Intermediate Unit 8 PA Benton Area School District PA Appleseed Legal Justice Center SC Bentworth School District PA Arin Intermediate Unit 28 PA Berks County Intermediate Unit 14 PA Arlington School District WA Berlin Brothrsvly School District PA Armstrong School District PA Bermudian Springs School District PA Aromas-San Juan Unified School Berrien Regional Education Service District CA Agency MI AR-WE-VA IA Berwick Area School District PA Athens Area School District PA Bethel Park School District PA Auburn School District WA Bethel School District WA 3 Bethel-Tate Local School District OH Organization Bethlehem Area School District PA Camas School District WA Bethlehem-Center School District PA Cambria Heights School District PA Big Beaver Falls Area School District PA Cambridge City Schools OH Big Spring School District PA Campbell Union ESD CA Blackhawk School District PA Campbell Union HSD CA Blacklick Valley School District PA Camphill Spec School Inc PA Blaine School District WA Canon-Mcmillan School District PA Blairsville-Saltsbrg School District PA Canton Area School District PA Blast IU 17 PA Cape Flattery School District WA Bloomsburg Area School District PA Capital Area IU 15 PA Blue Mountain School District PA Carbonado School District WA Blue Ridge School District PA Carbondale Area School District PA Boistfort School District WA Carbon-Lehigh Intermediate Unit 12 PA Boone-Clinton-North West Hendricks Cardinal School District IA Joint Services IN Carlisle Area School District PA Boyertown Area School District PA Carlynton School District PA Boyertown Area School District PA Carmichaels Area School District PA Bradford Area School District PA Carpinteria Unified School District CA Brandywine Hghts Area School District PA Carrboro City Schools NC Bremerton School District WA Casa Grande Elementary School Brentwood Boro School District PA District AZ Cascade School District Brevard Public Schools FL WA Cashmere School District Bridgeport School District WA WA Castle Rock School District Brinnon School District WA WA Caswell County Schools Bristol Borough School District PA NC Catasauqua Area School District Bristol Township School District PA PA Cedar Rapids Community Schools Bristol Warren Regional School District RI IA Centennial School District Brockway Area School District PA PA Center Area School District Brookville Area School District PA PA Central Bucks School District Brownsville Area School District PA PA Central Cambria School District Bucks County IU 22 PA PA Central Columbia School District Buffalo Public Schools NY PA Central Dauphin School District Burbank Unified School District CA PA Central Decatur School District Burgettstown Area School District PA IA Central Fulton School District Burkeville Independent School District TX PA Central Greene School District Burrell School District PA PA Central Intermediate Unit 10 Butler Area School District PA PA Central Kitsap School Dist Cajon Valley Union School District CA WA Central Susquehanna Intermediate Unit Calaveras Unified School District CA 16 PA Calhoun ISD MI Central Valley School Dist California School Boards Association WA CA Central Valley School District California School Health Centers PA Centralia School Dist WA Association CA Chambersburg Area School District PA California School Nurses CA 4 Chapel Hill - Carrboro City Schools NC Conemaugh Twp Area PA Charleroi Area School District PA Conemaugh Valley School District PA Chartiers Valley School District PA Conestoga Valley School District PA Chehalis School District WA Conewago Valley School District PA Cheltenham Township School District PA Conneaut School District
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