POLICY LETTER: January 7, 2010 to educational advocate Dorothy M. Richards

January 7, 2010Dorothy M. RichardsSpecial Education AdvocateResource Center for Accessible Living, Inc.727 Ulster AvenueKingston, NY 12401Dear Ms. Richards:This is in response to your August 5, 2009 letter to Patricia Guard, requesting clarification on whether the Chairperson of a Committee on Special Education can override the consensus of the Committee. It is our understanding that in New York a Committee on Special Education functions as an individualized education program (IEP) Team. We are responding to your request for clarification in the context of the development, review, and revision of IEPs. Under the regulations implementing Part B of the Individuals with Disabilities Education Act (IDEA) at 34 CFR 300.320, the IEP team, including the child's parents, is responsible for developing, reviewing and, if appropriate, revising the child's IEP in accordance with 34 CFR 300.320 through 300.324. In discussing a comment regarding modifications to the IEP in the Analysis of Comments and Changes section of the Part B regulations, we responded that, consistent with 300.320(a)(4) and section 614(d)(1)(A)(i)(IV) of the Act [IDEA], the child's IEP Team determines the special education and related services, and supplementary aids, services, and other supports that are needed for the child to advance appropriately toward meeting the child's annual goals. (71 FR 46540, 46664 (August 14, 2006))The IEP Team meeting serves as a communication vehicle between parents and sch/s/Alexa PosnyActing DirectorOffice of Special Education Programscc: Rebecca Cort State Director of Special EducationPage PAGE * MERGEFORMAT 2 Dorothy M. Richards