POLICY LETTER: April 12, 2007 to Community Alliance for Special Education Service Coordinator Paul S. Foreman

Dated April 12, 2007Paul S. ForemanService CoordinatorCommunity Alliance for Special Education1550 Bryant Street, Suite 738San Francisco, CA 94103Dear Mr. Foreman:Thank you for your letter of October 30, 2006 in which you expressed the opinion that the Department's early childhood stay-put regulation under the Individuals with Disabilities Education Act (IDEA) in 34 C.F.R. 303.518(c) conflicts with the statutory transition requirements in IDEA sections 612(a)(9) and 637(a)(9). This regulatory provision implements IDEA section 615(j), and was published as part of the final Part B regulations on August 14, 2006 and became effective on October 13, 2006. It states: If the [due process hearing] complaint involves an application for initial services under this part [Part B] from a child who is transitioning from Part C of the Act to Part B and is no longer eligible for Part C services because the child has turned three, the public agency [under Part B] is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services under 300.300(b), then the public agency must provide those special education and related services that are not in dispute between the parent and the public agency.34 C.F.R. 300.518(c) [with necessary clarifications].While I understand and appreciate your concern regarding the potential interruption of services for some children under this provision, it represents the Department's longstanding and continuing position regarding services provided to those children with disabilities who are eligible under Part B when they transition at age three from the Part C early intervention program to the Part B preschool program. Under this provision, public agencies under Part B are not required to, but may, if the public agency and parents agree, continue to provide the early intervention services identified on the child's individualized family service plan (IFSP) pending the resolution of an administrative hearing or judicial decision filed under IDEA section 615. As noted in the Analysis of Comments and Changes section of the final Part B regulations, the programs under Parts B and C of the Act differ in their scope, eligibility, and the services available. 71 Federal Register 46540, 46709 (Aug. 14, 2006). In addition, the transition requirements cSincerely,/s/ Patricia J. Guard forAlexa Posny, Ph.D.DirectorOffice of Special Education Programscc:Mary HudlerSpecial Education DirectorPage PAGE 2 Paul S. Foreman