Instruction 5013
POLICY: PRIVATE INSURANCE
PHILOSOPHY:
It is the policy of the Randolph School District that a free appropriate public education be provided "without charge" or "without cost" which means that the Randolph School District may not compel parents to file an insurance claim when filing the claim would pose a realistic threat that the parents of handicapped children would suffer a financial loss not incurred by similarly situated parents of non-handicapped children. Financial losses include, but are not limited to the following:
- A decrease in available lifetime coverage or any other benefit under an insurance policy;
- An increase in premium or the discontinuation of the policy; or
- An out-of-pocket expense such as the payment of a deductive amount incurred in filing a claim.
Financial losses do not include incidental costs such as the time needed to file an insurance claim or the postage need to mail the claim.
The statutory and regulatory provisions relating to a free appropriate public education guarantee freedom only from financial loss as described above. Therefore, when the educational agency pays the financial costs related to filing a claim and not other costs (such as listed above) is imposed, the parents suffer no financial loss. Therefore, it is the policy of the Randolph School District that parents must file a claim when they will incur only minor incidental costs such as the time required to complete the form. The Randolph School District ensures that parents will not have to bear even a short-term financial loss when a claim is filed. For example, if benefits begin only after a $50 deductible, the Randolph School District will pay for the services and the deductible in advance while awaiting the processing of the claim. (20 V.S.C. 1401, 1411-1420; 20 V.S.C. 794.
In summary, the responsibility to make available a free appropriate education does not mean that the Randolph School District must use only its own funds for that purpose. The Randolph School District may use whatever state, local, federal, and private sources of support are available to pay for required services [34 C.F.R. 300.3001(a) and 34 C.F.R. 104.33(c) (a)]. Moreover, nothing in the Part B or Section 504 regulations relieves an insurer or third party from an otherwise valid obligation to provide or pay for services to a handicapped child [34 C.F.R. 300.301 (b) and 34 C.F.R. 104.33 (c)].
| Randolph Elementary School | Adopted (8/27/98 ) |
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