POLICY LETTER: May 26, 2011 to East End Special Education Parents President Kathleen Chamberlain

May 26, 2011Kathleen Chamberlain, PresidentEast End Special Education Parents520 Harvest LaneMattituck, New York 11952Dear Ms. Chamberlain:This is in response to your electronic mail (email) communication to Dr. Alexa Posny, Assistant Secretary for the Office of Special Education and Rehabilitative Services, dated February 4, 2011. This communication was forwarded to the Office of Special Education Programs (OSEP) for response.You have written because an annual review for a child with a disability is scheduled to occur in the very near future, and there is a dispute over whether the child is publicly-placed or parentally-placed under the Individuals with Disabilities Education Act (IDEA). Based on your letter, the pertinent facts are as follows.You state that an LEA [local educational agency] in NYS [New York State] is insisting to a parent that her child with a disability, who has an IEP [individualized education program], is parentally placed in a private school where he received special education services. You further indicate that [t]he LEA [of residence] approached the parent in August 2010 and offered that if she did not file for a dueBased 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 questions, please do not hesitate to contact Dr. Deborah Morrow at 202-245-7456 or by email at Deborah.Morrow@ed.gov.Sincerely, State Director of Special EducationPage PAGE * MERGEFORMAT 2 Kathleen Chamberlain, President PAGE * MERGEFORMAT 1