POLICY LETTER: February 26, 2003 to Vermont Director of Special Education Dennis Kane

Dated February 26, 2003Mr. Dennis KaneDirector of Special EducationVermont Department of Education120 State StreetMontpelier, Vermont 05620Dear Mr. Kane:The Office of Special Education Programs (OSEP) received the enclosed complaint from X of X, Vermont. OSEP responded to X letter by stating that many of his claims did not raise Individuals with Disabilities Education Act (IDEA) compliance issues (copy enclosed). Therefore, OSEP closed this matter with regard to those issues.However, we are forwarding several issues from X May 7, 2002 letter to the State for review pursuant to its State complaint procedures under 34 CFR 300.660 300.662. The specific issues which the State must address in its review are: (1) whether there is an individualized education program (IEP) in place for X; (2)whether the public agency took steps to ensure that X was present at, or was afforded the opportunity to participate in, each IEP meeting for X, in accordance with 34 CFR 300.345(a); and (3) whether the placement decisions for X were made by people knowledgeable about the evaluation data and the placement options.Please resolve this complaint in accordance with the complaint requirements in the regulations applicable to Part B of the Individuals with Disabilities Education Act at 34 CFR Ms. Jill HarrisU.S. Department of EducationOffice of Special Education ProgramsRoom 3618, Switzer Building400 Maryland Avenue, SWWashington, D.C. 20202-2640Thank you in advance for your attention to this matter. If you have questions or concerns, you can contact Ms. Harris at (202) 205-9583.Sincerely, /s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education ProgramsEnclosurescc:Geoffrey A. YudienXPage PAGE 2 - Mr. Dennis Kane