The Intersection of Medicaid, Special Education Service Delivery, and the COVID-19 Pandemic

Issue Brief
  1. KFF analysis of 2020 National Survey of Children’s Health.

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  2. Defined as children receiving special education services under special education or early intervention plan (often an Individualized Education Plan or Individualized Family Service Plan) as identified by a parent.

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  3. As defined by the U.S. Department of Health and Social Services, these children “have or are at increased risk for chronic physical, developmental, behavioral or emotional conditions and also require health and related services of a type or amount beyond that required by children generally.”

    U.S. Department of Health & Human Services, Health Resources & Services Administration, Maternal & Child Health, Children with Special Health Care Needs (Date Last Reviewed: March 2019), https://mchb.hrsa.gov/maternal-child-health-topics/children-and-youth-special-health-needs#ref1.

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  4. 20 U.S.C. § 1412 (a)(12)(A); 42 U.S.C. § 1396b (c); 34 C.F.R. § 300.142 (a)(1).

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  5. 42 U.S.C. §§ 1396a (a)(43); 1396d (r)(5).

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Appendices
  1. 20 U.S.C. § 1401 et seq.

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  2. Children from birth until age 3 may receive early intervention services through an “individualized family service plan,” while those ages 3 through 21 may receive special education and related services through an “individualized education program.” 20 U.S.C. § 1414 (d); 34 C.F.R. § 300.320.

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  3. 34 C.F.R. § 300.111.

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  4. 34 C.F.R. § § 300.301-300.306.

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  5. 34 C.F.R. § 300.8 (a).

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  6. 34 C.F.R. § 300.34 (a).

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  7. 34 C.F.R. § 300.114.

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  8. 34 C.F.R. § 300.321.

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  9. Endrew F. v. Douglas Cty. Sch. Dist., 137 S. Ct. 988, 999 (2017).

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  10. 34 C.F.R. § 104.3(j)(2)(ii).

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  11. U.S. Dep’t of Education, Office for Civil Rights, Protecting Students with Disabilities, Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (last accessed Nov. 18, 2021), https://www2.ed.gov/about/offices/list/ocr/504faq.html.

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