POLICY LETTER: April 9, 2012 to individual (personally identifiable information redacted)

April 9, 2012XXXXXXXXXXXXXXXXXXXXXXXXXXXXXDear XXXXXXX:This letter is in response to your correspondence to the Office of Special Education Programs (OSEP) of the Office of Special Education and Rehabilitative Services (OSERS), U.S. Department of Education (Department). I apologize for the delay in responding to your letters.You note that your correspondence is in response to a conference call held with you and staff from both OSEP and the Pennsylvania Department of Education's (PDE's) Bureau of Special Education (BSE) on March 23, 2011. We have reviewed your correspondence, and would like to address the principal questions raised during that call in light of the applicable requirements of Part B of the Individuals with Disabilities Education Act (IDEA or Part BQuestion 3: issues related to program appropriateness and FAPE subject to the State Complaint Procedures at 34 CFR 300.151-300.153? Can complaints be filed on behalf of more than one child?Answer:State educational agencies (SEAs) must ensure that State complaint procedures under 34 CFR 300.151-300.153 are available for resolving any complaint that meets the requirements of 34 CFR 300.153, including: (1) complaints that raise systemic issues, and (2) individual child complaints. Thus, if a parent chooses to file a State complaint under 34 CFR 300.151-300.153, instead of using mediation under 34 CFR 300.506 or the due process procedures under 34 CFR 300.507 through 300.516, to resolve disagreements with public agencies over any matter relating to t/s/ Melody Musgrove, Ed.D.Melody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special EducationXXXXXXX