POLICY LETTER: February 2, 2007 to Pennsylvania Department of Education Staff Member Gerald L. Zahorchak

Dated February 2, 2007Gerald L. Zahorchak, D.Ed.Commonwealth of PennsylvaniaDepartment of Education333 Market StreetHarrisburg, Pennsylvania 17126-0333Dear Dr. Zahorchak:I write to respond to your December 14, 2006 letter to Secretary Spellings seeking clarification of the so-called stay-put regulation in 34 C.F.R. 300.518(c) under Part B of the Individuals with Disabilities Education Act (IDEA). The IDEA stay-put regulation, which implements IDEA section 615(j), was added to the final Part B regulations that were issued on August 14, 2006, and became effective on October 13, 2006. It provides that:If the complaint involves an application for initial services under this part [Part B] from a child who is transitioning from Part C of the Act to Part B and is no longer eligible for Part C services because the child has turned three, the public agency [under Part B] is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services under 300.300(b), then the public agency must provide those special education and related services that are not in dispute between the parent and the public agency.34 C.F.R. 300.518(c).Specifically, you asked how the Pennsylvania Department of Education (PDOE) might implement 34 C.F.R. 300.518(c) in light of the judicial decision of the U.S. Court of Appeals for the Third Circuit in Pardini v. Allegheny Intermediate Unit, 420 F.3d 181 (3d Cir. 2005), cert. denied, 126 S.Ct. 1646 (2006) which held that, under section 615(j) of the IDEA, when there is dispute about the provision of appropriate special education and related services to a child transitioning at age three from Part C to Part B of the IDEA, the Part B public agency must provide the educational services that were provided to the child under Part C by the Part C lead agency as the current educational placement while the dispute is pending. As you know, in this litigation, the Department tSincerely,/s/John H. Hagercc: Dr. JoLeta ReynoldsPAGE PAGE 2