POLICY LETTER: March 2, 2011 to District of Columbia Acting State Superintendent of Education Hosanna Mahaley

March 2, 2011Hosanna Mahaley Acting State Superintendent of EducationOffice of the State Superintendent of EducationDistrict of Columbia 810 First Street, NE, 9th floorWashington, District of Columbia 20002Dear Ms. Mahaley:This is in response to then-Interim Superintendent Colleye's December 21, 2010 letter to Dr. Alexa Posny requesting guidance on whether the District of Columbia has an obligation to provide a free appropriate public education (FAPE) to students with disabilities convicted as adults under District of Columbia law and incarcerated in Federal pffice of Special Education Programs See Preamble to Notice of Proposed Rulemaking; Assistance to States for the Education of Children with Disabilities; Preschool Grants for Children with Disabilities; and Service Obligations Under Special Education-Personnel Development To Improve Services and Results for Children with Disabilities, 70 Fed. Reg. 35782, 35810 (June 21, 2005). See also, Letter to Yudien, 39 IDELR 270 (August 19, 2003). The definition of State in IDEA section 602(31) and 34 CFR 300.40 includes the District of Columbia. Page