POLICY LETTER: August 23, 2010 to Conference of Educational Administrators of Schools and Programs for the Deaf, Inc. President Edward H. Bosso, Jr.

August 23, 2010Mr. Edward H. Bosso, Jr.President, Conference of Educational Administrators of Schools and Programs for the Deaf, Inc.Laurent Clerc National Deaf Education Center Gallaudet University800 Florida Avenue, NEWashington, DC 20002Dear Mr. Bosso:Thank you for your May 7, 2010, letter, in which you refer to Secretary Arne Duncan's April 21, 2010, comments made at the Council for Exceptional Children (CEC) conference. Your letter was referred to the Office of Special Education and Rehabilitative Services for a response so that we may provide information addressing your concerns and be available to follow up with you should you have additional questions. Specifically, you expressed concern with the comments regarding the education of students with disabilities in specialized educational settings under the Individuals with Disabilities Education Act (IDEA). Additionally, you provided information regarding the problem of unqualified sign language interpreters in general education settings and the benefits of schools for the deaf.As you know, the requirements for determining the placement of a child with a disability are included in the IDEA Part B regulations at 34 CFR 300.116. This regulation requires that placement decisions be made by a group of persons, including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options. This decision must be made in conformity with the least restrictive environment (LRE) provisions, including 300.114 through 300.118. Additionally, a child's placement must be determined at least annually, be based on the child's individualized education program (IEP), and be as close as possible to the child's home. These provisions are consistent with section 612(a)(5) of IDEA, which indicates that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, must be educated with children who are not disabled.Placement decisions must be determined on an individual, case-by-case basis, depending on each child's unique needs and circumstances, and be based on the child's IEP. The IDEA specifically requires that in developing the IEP, the team: [c]onsider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language andPage 2 Mr. Edward H. Bosso, Jr.communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.. .34 CFR 300.324(a)(2)(iv). Any setting that does not meet the communication and related needs of a child who is deaf does not allow for the provision of a free appropriate public education (FAPE) and cannot be considered Sincerely,/s/Alexa Posny, Ph.D.