POLICY LETTER: January 18, 2002 to individual (personally identifiable information redacted)
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January 18, 2002 to individual (personally identifiable information redacted) (MS Word)
MS WORDJanuary 18, 2002 to individual (personally identifiable information redacted) (PDF)
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January 18, 2002 to individual (personally identifiable information redacted) (MS Word)
Mr. Stanley Bennett2903 North WoltersFresno, California 93703Dear Mr. BennettThis letter is in response to your letter dated May 13, 2001, to Dr. JoLeta Reynolds of the Office of Special Education Programs (OSEP) regarding media attendance at individualized education program (IEP) meetings. Your letter also requests that OSEP investigate the Fresno Unified School District (FUSD) for violations of the Individuals with Disabilities Education Act (IDEA).With respect to your concerns as to whether members of the news media may attend IEP meetings, neither the IDEA statute nor its implementing regulations specifically address this matter. However, OSEP provided guidance on this matter to the FUSD in a letter to Dr. Marilyn Shepherd, of the FUSD Department of Special Education dated July 2, 2001. A copy of our response is attached to this letter for your review.As a general matter, OSEP does not perform investigations of local educational agencies (LEAs). Under the IDEA, each State that accepts IDEA funds is required to develop policies and procedures, through the State educational agency (SEA), to resolve signed written complaints filed by individual parents of children with disabilities, other individuals, or organizations. As part of its general supervisory responsibility under the IDEA, an SEA must implement complaint resolution procedures in a manner that meets the requirements of 300.660-300.662. Section 300.661 of the IDEA implementing regulations specifies the minimum complaint procedures that each SEA is required to implement. OSEP, in turn, monitors each State's compliance with these requirements in its continuous improvement monitoring process. An SEA is required to resolve any complaint that meets the requirements of 300.662, including a complaint alleging that a public agency has failed to provide a free appropriate public education to a child with a disability. Thus, your complaint against the FUSD is more appropriately addressed by filing a signed written complaint with the California State Department of Education, Special Education Office at this address:Dr. Alice ParkerDirector of Special EducationCalifornia Department of Education428 J StreetP.O. Box 1379Sacramento, California 95812You may access the IDEA statute and regulations via our website at HYPERLINK "http://www.ed.gov/offices/OSERS/OSEP/index.html" http://www.ed.gov/offices/OSERS/OSEP/. We hope that this information is helpful. If you need further assistance, you may contact Dr. JoLeta Reynolds or Troy Justesen at 202-205-5507 at OSEP.Sincerely, ]^_###&&&6*8*
TOPIC ADDRESSED: Condition of Assistance |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
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Last modified on April 27, 2017