POLICY LETTER: December 6, 2011 to Susan Luger Associates

December 6, 2011Susan Luger, M.S., L.C.S.W.Lawrence Weinberg, Ph.D., Esq.155 West 72nd Street, Suite 201New York, New York 10023Dear Ms. Luger and Dr. Weinberg:This is in response to your February 2, 2011 letter to Dr. David M. Steiner of the New York State Education Department (NYSED) and Dr. Alexa Posny, Assistant Secretary for the Office of Special Education and Rehabilitative Services at the U.S. Department of Education. Your letter was forwarded to my office for response.Your letter indicates that you have observed, in your work representing families of children with disabilities, what you characterize as a new and disturbing practice by the New York City Department of Education (DOE) and that you believe this practice is illegal and contradicts the language and spirit of the New York State statute addressing special education and the Individuals with Disabilities Education Act (IDEA). You state that children in New York City who have been unilaterally placed by their parents in nonpublic special education schools because they believe there has been a denial of a free appropriate public education (FAPE) are being systemically deprived of their right to transportation to and from their school. Under Part B of the IDEA and its implementing regulations, the term related services includes transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. See 34 CFR 300.34(a). Transportation is defined as travel to and from school and between schools; travel in and around school buildings; and specialized equSincerely,/s/Melody Musgrove, Ed.D.DirectorOffice of Special Education Programscc:Rebecca CortDr. David M. Steiner