POLICY LETTER: June 09, 2010 to Maryland attorney Eric Brousaides, Esq.

June 9, 2010Mr. Eric Brousaides, Esc.Carney, Kelehan, Bresler, Bennett and Scherr, LLP Attorneys at Law10715 Charter Drive, Suite 200Columbia, MD 21044Dear Mr. Brousaides:This is in response to your March 29, 2010 letter to Patricia Guard, former Acting Director of the Office of Special Education Programs at the U.S. Department of Education. In your letter, you ask whether Part B of the Individuals with Disabilities Education Act (IDEA) requires a public agency to maintain contemporaneous written documentation that the services, accommodations, and modifications contained in a child's individualized education program (IEP) are delivered, and whether a school district's failure to maintain such documentation would constitute nonSincerely,/s/Alexa Posny, Ph.D. Acting DirectorOffice of Special Education Programscc: State Director of Special Education