POLICY LETTER: June 14, 2007 to Individual (personally identifiable information redacted)
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POLICY LETTER: June 14, 2007 to Individual (personally identifiable information redacted) MS Word
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POLICY LETTER: June 14, 2007 to Individual (personally identifiable information redacted) MS Word
Dated June 14, 2007This letter is in response to your January 18, 2007 electronic mail (email) inquiry to Ms. Elizabeth Newton, in the Office of Special Education Programs (OSEP). In your email, you asked whether the personnel qualifications outlined in 34 CFR 300.156 also apply to staff hired by the local educational agency (LEA) to provide compensatory special education and related services. You additionally requested clarification as to whether requirements for instructional materials apply to these compensatory services.Under Part B of the Individuals with Disabilities Education Act (IDEA), each State and its public agencies must ensure that a free appropriate public education (FAPE) is made available to all children with disabilities in mandatory age ranges. FAPE includes, among other matters, the provision of special education and related services that meet State education standards and Part B requirements. Under 34 CFR 300.156(a), qualifications established and maintained by a State educational agency (SEA) must ensure that special education teachers and related service providers be appropriately and adequately prepared and trained. Paraprofessionals must be appropriately trained and supervised, in accordance with State law, regulation, or written policy. 34 CFR 300.156(c) requires that the qualifications described in 34 CFR 300.156(a) ensure that each person employed as a public school special education teacher in the State who teaches in an elementary school, middle school, or secondary school is highly qualified as a special education teacher by the deadline established in section 1119(a)(2) of the Elementary and Secondary Education Act (ESEA). The timely access to appropriate and accessible instructional materials described at 34 CFR 300.172 is an inherent component of a public agency's obligation under the Act to ensure that FAPE is avSincerely,/s/ Patricia J. Guard forAlexa Posny, Ph.D.DirectorOffice of Special Education Programscc: Ms. Roberta WohlePage 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
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