Rule 24:05:14:01.04 Children with disabilities covered by private insurance.
24:05:14:01.04. Children with disabilities covered by private
insurance. With regard to services required to provide FAPE to an eligible
student under this article, a public agency may access a parent's private
insurance proceeds only if the parent provides informed consent consistent with
this article. Each time the public agency proposes to access the parent's
private insurance proceeds, it must:
(1) Obtain parent consent
in accordance with this article; and
(2) 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.
26 SDR 150, effective May 22, 2000.
Authority: SDCL 13-37.1.1.
Implemented: SDCL 13-37.1.1.
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