POLICY LETTER: January 24, 2011 to individual (personally identifiable information redacted)

January 24, 2011XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX:This is in response to your November 4, 2010 letter in which you present two issues and ask for guidance from the Office of Special Education Programs (OSEP). Your issues and our responses are below. Statement of First Issue:Insofar as Title I/B/614/d/B(v) may be a member of the described in clauses (ii) through (vi) do there exist conditions wherein this member's knowledge about the availability of resources of the local educational agency disallow Team placement participation as it relates to instructional implications of evaluation results, OR related services personnel as appropriate and if not, what is the designated course per IDEA [Individuals with Disabilities Education Act] wIs knowledgeable about the availability of resources of the public agency (34 CFR 300.321(a)(4)); and at the discretion of the parent or the public agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate (34 CFR 300.321(a)(6)). Analysis and ConclusionAs we understand, based on a conversation you had with a member of my staff, you are concerned that this regulation could limit the IEP Team to the child's parents and only one other individual who could perform the responsibilities of other IEP Team members. We do not believe that this regulation would permit the IEP team to include only the child's parent and one other required IEP Team member. Rather, the IDEA provision PAGE * MERGEFORMAT 3 XXXX XXXX