POLICY LETTER: August 25, 2009 to individual (personally identifiable information redacted)

August 25, 2009XXXXXXXXXXXXXXXXXXXXXXXXXDear XXXX:This is in response to your letter to the U.S. Department of Education, dated October 27, 2007, regarding the type of alternate assessment that can be administered to a student with a disability who does not participate in the XXXXXX Public Schools Curriculum Management System. Your letter was referred to the Office of Special Education Programs (OSEP) for response. I apologize for the delay in responding to your inquiry.In your letter, you indicate that you have corresponded with Mr. Doug Cox, Assistant Superintendent for the Division of Special Education and Student Services, Virginia Department of Education (VDOE), regarding division-wide assessments and alternate assessment requirements. You included a copy of Mr. Cox's response letter regarding the XXXXXX Public School's Curriculum Management System (CMS), and have asked if the U.S. Department of Education agrees with Mr. Cox's response in this regard.Under 34 CFR 300.160(a) of the regulations for Part B of the Individuals with Disabilities Education Act (IDEA), States are required to ensure that all children with disabilities are included in all general State and district-wide assessment programs, including assessments described under section I 111 of the Elementary and Secondary Education Act, with appropriate accommodations and alternate assessments, if necessary, as indicated in the respective individualized education programs (IEPs). States (or inIf you have any further questions, please do not hesitate to contact Deborah Morrow at 202-2457456.Sincerely,/s/Andrew J. PepinExecutive Administratordelegated the authority toperform the functions of theAssistant Secretary for the Officeof Special Education and Rehabilitative Servicescc: II. Douglas CoxAssistant SuperintendentDivision of Special Education and Student ServicesAugust 25, 2009XXXXXXXXXXXXXXXXXXXXXXXXXDear XXXX:This is in response to your letter to the U.S. Department of Education, dated October 27, 2007, regarding the type of alternate assessment that can be administered to a student with a disability who does not participate in the XXXXXX Public Schools Curriculum Management System. Your letter was referred to the Office of Special Education Programs (OSEP) for response. I apologize for the delay in responding to your inquiry.In your letter, you indicate that you have corresponded with Mr. Doug Cox, Assistant Superintendent for the Division of Special Education and Student Services, Virginia Department of Education (VDOE), regarding division-wide assessments and alternate assessment requirements. You included a copy of Mr. Cox's response letter regarding the XXXXXX Public School's Curriculum Management System (CMS), and have asked if the U.S. Department of Education agrees with Mr. Cox's response in this regard.Under 34 CFR 300.160(a) of the regulations for Part B of the Individuals with Disabilities Education Act (IDEA), States are required to ensure that all children with disabilities are included in all general State and district-wide assessment programs, including assessments described under section I 111 of the Elementary and Secondary Education Act, with appropriate accommodations and alternate assessments, if necessary, as indicated in the respective individualized education programs (IEPs). States (or inIf you have any further questions, please do not hesitate to contact Deborah Morrow at 202-2457456.Sincerely,/s/Andrew J. PepinExecutive Administratordelegated the authority toperform the functions of theAssistant Secretary for the Officeof Special Education and Rehabilitative Servicescc: II. Douglas CoxAssistant SuperintendentDivision of Special Education and Student Services