POLICY LETTER: August 15, 2003 to individual (personally identifiable information redacted)

Dated August 15, 2003(Reference: Hotline Complaint Number)I am writing in response to your facsimile dated March 3, 2003 transmitted to Ms. Sandra Holding-Hinton, Hotline Operations Director, Office of the Inspector General, U.S. Department of Education, concerning alleged violations of the Individuals with Disabilities Education Act (IDEA) by the X School District and the Washington Office of the Superintendent of Public Instruction (OSPI) . Your correspondence was forwarded to the Office of Special Education Programs (OSEP) for review.OSEP is responsible for administering IDEA, which provides financial assistance to State educational agencies (SEAs) and through SEAs to local educational agencies (LEAs) to assist States in making available a free appropriate public education (FAPE) to all eligible children with one or more of thirteen disabling conditions as defined in the regulations implementing Part B of IDEA Part B) (copy enclosed). Under the Part B regulations, parents of children with disabilities have two separate means available to them for resolving disputes with public agencies concerning the education of their children -- i.e., (1) the State complaint resolution system required in 300.660-300.662 and (2) the impartial due process hearing system required in 300.506-300.513. States also are required to have mediation available at a minimum when a due process hearing is requested. According to your correspondence, you have already exercised your rights to the State complaint resolution system and due process hearing under IDEA.The IDEA regulations do not contain a mechanism for review of a State's decision when a complainant is dissatisfied with the SEA's resolution of a complaint. Although we have no specific knowledge of Washington State law, we note that in a number of final State agency actions, that action may be appealed under the State's administrative procedures law. Part B of the IDEA does not provide for an OSEP review of individual State-level complaint decisions or due process hearings.In your comSincerely, /s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education Programscc:Ms. Melissa HallOffice of the Inspector GeneralPage PAGE 2 -