POLICY LETTER: April 23, 2012 to Maryland attorney Michael J. Eig

April 23, 2012Michael J. EigMichael J. Eig and Associates, P.C.Attorneys at LawSuite 7605454 Wisconsin AvenueChevy Chase, Maryland 20815-6938Dear Mr. Eig:This is in response to your October 28, 2011 letter to Dr. Gregory R. Corr, Director of the Monitoring and State Improvement Planning Division for the Office of Special Education Programs (OSEP) in the U.S. Department of Education (Department), regarding how the District of Columbia Public Schools (DCPS) conducts resolution meetings. You have indicated that you represent a parent who has filed a due process complaint including allegations that DCPS violated the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) during the resolution process. While it is not generally OSEP's practice to comment on matters that are the subject of a due process hearing, we are pleased to address the underlying regulatory requirements. By copy of this correspondence, we are notifying Amy Maisterra, Assistant Superintendent of Special Education of the District of Columbia Office of the State Superintendent of Education, regarding your concerns. Pursuant to 34 CFR 300.510, the local educational agency (LEA) must convene a meeting, within 15 days of receiving notice of the parent's due process complaint, and prior to the initiation of a due process hearing under 34 CFR 300.511, with the parent and the relevant member or members of the individualized education program (IEP) Team who have specific knowledge of the facts identified in the due process complaint. The membership must include a representative of the public agency who has decision-making authority on behalf of that agency and may not include an attorney of the LEA unless the parent is accompanied by an attorney. Additionally, 34 CFR 300.510(a)(4) states that the parent and the LEA determine the relevant members of the IEPSincerely,/s/ Melody MusgroveMelody Musgrove, Ed.D.DirectorOffice of Special Education Programs cc:Amy Maisterra, Ed.D., MSWAssistant Superintendent of Special EducationOffice of the State Superintendent of EducationPage PAGE * MERGEFORMAT 2Michael J. Eig