June 13, 2012Kathleen ChamberlainPresidentEast End Special Education Parents, Inc.520 Harvest LaneMattituck, New York 11952Dear Ms. Chamberlain:This is in response to your February 7, 2011 electronic mail (email) communication to Dr. Alexa Posny, Assistant Secretary for Special Education and Rehabilitative Services at the U.S. Department of Education (Department). Your correspondence was forwarded to the Office of Special Education Programs (OSEP) for response. You request clarification regarding when FAPE [free appropriate public education] is at issue under Part B of the Individuals with Disabilities Education Act (Part B or IDEA). You also raise questions about New York State Education Department's (NYSED) interpretation of the child find provision regarding special education services to children enrolled in private schools by their parents. The IDEA regulation at 34 CFR 300.148 is entitled placement of children by parents when FAPE is at issue. Paragraph (a) of that regulation providesBased on section 607(e) of the IDEA, we are informing you that our response is provided as informal guidance and is not legally binding, but represents an interpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented.If you have additional questions, please do not hesitate to contact Angela Tanner-Dean at 202-245-6320 or by email at Angela.Tanner-Dean@ed.gov.Sincerely,/s/ Melody MusgroveMelody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special Education Please note that while reimbursement of a private school placement may also be available through a settlement agreement that is the result of mediation or other settlement negotiations, discussion of settlements is beyond the scope of this letter. See generally, 34 CFR 300.506(b)(6) and 300.510(d)(1).
