POLICY LETTER: June 22, 2012 to Disability Rights Wisconsin Managing Attorney Jeffrey Spitzer-Resnick

June 22, 2012Jeffrey Spitzer-Resnick, Beth Swedeen, Lisa PughDisability Rights Wisconsin131 W. Wilson St.Suite 700Madison, Wisconsin 53703Dear Mr. Spitzer-Resnick, Ms. Swedeen, and Ms. Pugh:This is in response to your letter to me, dated December 22, 2011, following up on our conversation of December 2, 2011, in which you request an opinion from the Office of Special Education PrograQuestion 2: Is the IEP Team required to provide parents with notice of placement when determining a student's work placement?OSEP's Response:Under 34 CFR 300.503(a), written notice that meets the requirements of 34 CFR 300.503(b), must be given to the parents of a child with a disability a reasonable time before the public agency proposes or refuses to initiate or change the ideResponse:Under 34 CFR 30.120, the State educational agency (SEA) must carry out activities to ensure that the LRE requirements in 34 CFR 300.114 are implemented by each public agency. If there is evidence that a public agency makes placements that are inconsistent with 34 CFR 300.114, the SEA must: (1) review the public agency's justification for its actions; and (2) assist in definition of special education in 34 CFR 300.39 includes vocational education, which is defined as organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree. See Assistance to States for the Education of Children with Disa