POLICY LETTER: January 28, 2004 to individual (personally identifiable information redacted)
Home » Policy Documents » POLICY LETTER: January 28, 2004 to individual (personally identifiable information redacted)
January 28, 2004 to individual (personally identifiable information redacted) (MS Word)
MS WORDJanuary 28, 2004 to individual (personally identifiable information redacted) (PDF)
PDFView File
January 28, 2004 to individual (personally identifiable information redacted) (MS Word)
Dated January 28, 2004I am writing in response to the July 9, 10, and 12, 2003 letters you wrote to the Department in response to my letter to you dated July 1, 2003. I hope the following information is helpful.Initially, I would like to state that the Department has diligently tried to respond to your questions. As we explained in our May 9, 2002 letter to you, we initially referred your concerns to the Department's Office for Civil Rights (OCR). OCR responded to your issues on July 26, 2002, and upon your request for reconsideration, OCR responded again on December 20, 2002. In order to more fully respond to your issues, the Office of Special Education Programs also responded to your issues on February 26, 2003, and on July 1, 2003.Upon receipt of our July 1, 2003 letter, you sent three letters to the Department requesting further clarification of our previous responses. Accordingly, I provide the following responses to your specific questions.Your July 9, 2003 letter states that you have asked for a clarification of the meaning of the school that he or she would attend if nondisabled in the context of a school choice or selection situation. If a nondisabled child may attend and receive public tuitioning at school X as a result of parental choice or selection - and if my child meets all of the requirements for public tuitioning at that school, except that my child has a disability-if I also select school X for my child - should school X be considered the school that he or she would attend if nondisabled for my child?Your July 10 and 12, 2003 letters rephrases the question slightly by asking, If a nondisabled child can be publicly tuitioned as a result of parental school choice or selection at school X - if a child with a disability meets the same qualification as the nondisabled child, except that the child has a disability or qualifies for special education under a certain category of disability - if the disabled child's parents also choose or select school X - isn't the child with a disability entitled to be publicly tuitioned or placed at school X unless the IEP of (the) child with a disability requires some other arrangement?Your July 12, 2003 letter further restates the question as: If a child was not disabled, and the child's parents could select high school X as the high school to which their local district should pay tuitAs I explained in my July 1, 2003 letter to you, the Individuals with Disabilities Education Act does not require that private schools provide special education and related services that meet the needs of all students with disabilities, and it does not require that States certify all private schools to provide services to all students. See, St. Johnsbury Academy v. D.H. et.al., 240 F.3d 163 (2nd Cir. 2001) (a private school was not required to change its policy to ensure that a student with disabilities was able to receive a free appropriate public education at that school).I hope this information answers your specific questions.Sincerely,/s/ Patricia J. Guard forStephanie Smith LeeDirectorOffice of Special Education Programscc:Vermont Department of EducationU.S. Department of Education, Office for Civil RightsPage PAGE 2
TOPIC ADDRESSED: Free Appropriate Public Education |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
idea_file-template-default single single-idea_file postid-46897 wp-custom-logo wp-embed-responsive with-font-selector no-anchor-scroll footer-on-bottom animate-body-popup social-brand-colors hide-focus-outline link-style-standard has-sidebar content-title-style-normal content-width-normal content-style-boxed content-vertical-padding-show non-transparent-header mobile-non-transparent-header kadence-elementor-colors elementor-default elementor-kit-82278
Last modified on April 27, 2017