POLICY LETTER: March 7, 2012 to an individual (personally identifiable information redacted)

March 7, 2012XXXXXXXXXXXXXXXXXXXXXXXXDear XXXXXXXX: This letter is in response to your electronic mail (email) correspondence regarding the results of the verification visit to Oregon, conducted by the Office of Special Education Programs (OSEP) the week of September 13, 2010, as part of its monitoring and oversight responsibilities under Parts B and C of the Individuals with Disabilities Education Act (IDEA). In an October 13, 2010 letter to Dr. Marion Crayton, the OSEP Part B State contact for Oregon, you raised specific questions regarding the provisioQuestion 1: LOSD maintains that 1 hour of direct tutoring time is equal for a full day of schoolODE is not aware if this is true or not. However, ODE does maintain that all students learn at different rates. In consideration of a stay-put agreement, does 1 hour of direct tutor time represent an appropriate amount for all students equally- no matter the student's disabilities? If no, what parameters are used for a parent to determine the appropriate amount of individual education? OSEP Response: In general, under Part B of the IDEA (IDEA or Part B), Question 3: School district policy maintains that in a general education setting children who are disruptive to the education of other children shall be removed from the class room. I contacted ODE and explained that my child has no negative/disruptive behaviors but that he was placed with a child that routinely displayed outbursts and had bouts of continual screaming. I was told by ODE that district policy rights are not afforded to children who are disabled. Thus, while general education students are protected from disruption, disabled students placQuestion 5: I have repeatedly stated in IEP meetings that the district must first show me measured data that justifies moving my children from less restrictive placement to more restrictive placements. The Special Education Director stated that after several years of reading IEP's he can tell where the student needs to be placed and no data or measurement need be taken. . . . What criteria should be performed prior to moving a child from a less restrictive placement to a more restrictive placement?OSEP Response: The requirements for determining the plaQuestion 9: Please clearly define Least Restrictive Environment (LRE). The LOSD has written a new definition of LRE which serves as a financial advantage to placing students in programs of [a] district's choosing. OSEP Response: The IDEA requires that each disabled child receive a FAPE in the LRE, but LRE is not defined in the IDEA or the Part B regulations. LRE requirements are found in 34 CFR 300.114 through 300.120 of the Part B regulations. As specified in the IDEA and the Part B regulations, to the maximum extent appropriate, children with disEnclosurescc: Dr. Nancy LatiniPAGE 1Page PAGE 7 - XXXXXXXX4793.1