POLICY LETTER: March 27, 2013 to William Casey

Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesMarch 27, 2013 William J. Casey, Esq.Watson Bennett Colligan & Schechter LLP12 Fountain Plaza, Suite 600Buffalo, New York 14202Dear Mr. Casey:This is in response to your letter to me dated October 2, 2012 asking for clarification of specific requirements in Part B of the Individuals with Disabilities Education Act (IDEA) and its implementing regulations at 34 CFR Part 300. On December 17, 2012, Rebecca Walawender, Deputy Director of the Monitoring and State Improvement Planning Division in the Office of Special Education Programs (OSEP), held a conference call with you to clarify the question posed in your letter. You ask:Would it be inconsistent with the requirements of 20 U.S.C. 1415(f)(1)(B) [and] 34 C.F.R. 300.510(a) (or any other rules and regulations of the IDEA) for an LEA [local educational agency] to convene a resolution meeting, but at such meeting refuse to discuss the issues raised in a parent's due process complaint and instead only offer to convene an IEP [individualized education program] Team meeting as the only forum where parent's issues will be addressed? Based on your letter and conversation with Ms. Walawender, I understand that your firm's client, the parent of a child with a disability and party to a due process complaint filed consistent with the procedures in 34 CFR 300.507 through 300.515, and her attorney, attended a resolution session convened by the LEA. At the resolution meeting, you allege that the LEA refused to discuss the issues raised in the parent's due process complaint and informed the parent that she would have to request an IEP Team meeting to discuss the issues raised in the parent's due process complaint.It is not generally OSEP's practice to comme0 MARYLAND AVE., SW, WASHINGTON, DC 20202The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.that is the basis for the due process complaint. Therefore, when the LEA convenes a resolution meeting with the parent and other required participants, and in the absence of a written agreement that the resolution meeting need not be held, it would be inconsistent with the requirements in 34 CFR 300.510(a)(2) regarding the purpose of the resolution meeting for the LEA to refuse to discuss the issues raised in the parent's due process complaint during that meeting.Based 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 further questions, please do not hesitate to contact Rebecca Walawender at 202-245-7399 or by email at Rebecca.Walawender@ed.gov. Sincerely,Melody Musgrove, Ed.D.Director Office of Special Education Programscc: State Director of Special EducationDesktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesMarch 27, 2013 William J. Casey, Esq.Watson Bennett Colligan & Schechter LLP12 Fountain Plaza, Suite 600Buffalo, New York 14202Dear Mr. Casey:This is in response to your letter to me dated October 2, 2012 asking for clarification of specific requirements in Part B of the Individuals with Disabilities Education Act (IDEA) and its implementing regulations at 34 CFR Part 300. On December 17, 2012, Rebecca Walawender, Deputy Director of the Monitoring and State Improvement Planning Division in the Office of Special Education Programs (OSEP), held a conference call with you to clarify the question posed in your letter. You ask:Would it be inconsistent with the requirements of 20 U.S.C. 1415(f)(1)(B) [and] 34 C.F.R. 300.510(a) (or any other rules and regulations of the IDEA) for an LEA [local educational agency] to convene a resolution meeting, but at such meeting refuse to discuss the issues raised in a parent's due process complaint and instead only offer to convene an IEP [individualized education program] Team meeting as the only forum where parent's issues will be addressed? Based on your letter and conversation with Ms. Walawender, I understand that your firm's client, the parent of a child with a disability and party to a due process complaint filed consistent with the procedures in 34 CFR 300.507 through 300.515, and her attorney, attended a resolution session convened by the LEA. At the resolution meeting, you allege that the LEA refused to discuss the issues raised in the parent's due process complaint and informed the parent that she would have to request an IEP Team meeting to discuss the issues raised in the parent's due process complaint.It is not generally OSEP's practice to comme0 MARYLAND AVE., SW, WASHINGTON, DC 20202The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.that is the basis for the due process complaint. Therefore, when the LEA convenes a resolution meeting with the parent and other required participants, and in the absence of a written agreement that the resolution meeting need not be held, it would be inconsistent with the requirements in 34 CFR 300.510(a)(2) regarding the purpose of the resolution meeting for the LEA to refuse to discuss the issues raised in the parent's due process complaint during that meeting.Based 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 further questions, please do not hesitate to contact Rebecca Walawender at 202-245-7399 or by email at Rebecca.Walawender@ed.gov. Sincerely,Melody Musgrove, Ed.D.Director Office of Special Education Programscc: State Director of Special Education