POLICY LETTER: June 26, 2003 to Maryland Department of Education Assistant State Superintendent Carol Ann Baglin

Signed June 26, 2003Dr. Carol Ann BaglinAssistant State SuperintendentDivision of Special Education/ Early Intervention ServicesMaryland State Department of Education200 West Baltimore StreetBaltimore, Maryland 21201Dear Dr. Baglin:We are in receipt of your letter requesting clarification from the Office of Special Education Programs (OSEP) regarding the parent's role in the team process as it pertains to 34 CFR 300.543. Your letter to OSEP was prompted by the Baltimore City Public Schools System's (BCPSS) response to your office's interpretation made in a finding to a complaint investigation that a parent is a full member of the IEP team who maintains all of the rights of school personnel, including the opportunity to agree or disagree with the decision as to whether the student has a specific learning disability and to certify in writing that the written report reflects his or her conclusion. You are seeking OSEP's clarification of the parent's role in the IEP team process as it pertains to 34 CFR 300.543. A key emphasis in the 1997 amendments to the Individuals with Disabilities Education Act (IDEA) and the implementing regulations was the strengthening of the parents' role in their child's education and an expansion of opportunities for parents and key public agency staff to work in new partnerships at the State and local levels. (See Appendix A to 34 CFR part 300, Section II). Accordingly, the IDEA and the implementing regulations require that parents have an opportunity to participate in meetings and be part of the groups that make decisions about identification, eligibility, evaluation, educational placement and the provision of a free appropriate public education. (See 34 CFR 300.501, 300.533(a)(1), 300.534(a)(1)). Further, parents' concerns and the information they provide about their children must be considered in developing and reviewing the IEPs. (See 34 CFR 300.343(c)(iii) and 300.346(a)(1)(i)).Sections 300.540-300.543 of the Part B regulations set forth the Additional Procedures for Evaluating Children with Specific Learning Disabilities. Section 300.540 states that the determination of whether a child suspected of having a specific learning disability (SLD) is a child with a disability as defined in 34 CFR 300.7, must be made by the child's parents and a team of qualified professionals which must include (a)(1) the child's regular teacher; or (2) if the child does not have a regular teacher, a regular classroom teacher qualified tWe hope you find this explanation helpful. If we can be of further assistance, please do not hesitate to contact Dale King at (202) 260-1156 or Dr. JoLeta Reynolds of the Office of Special Education Programs at (202) 205-5507 (press 3). Sincerely,/s/Stephanie S. LeeDirectorOffice of Special Education ProgramsPage PAGE 2 Dr. Carol Ann Baglin