POLICY LETTER: May 5, 2010 to Maryland attorney Jerrold Miller, Esq.

May 5, 2010Mr. Jerrold Miller, Esq.Miller and Neely PC6900 Wisconsin Ave., Suite 704 Bethesda, MD 20815Dear Mr. Miller:This is in response to your electronic mail (email) inquiry of March 10, 2010 regarding limitations on reimbursement under 34 CFR 300.148 of the implementing regulations of the Individuals with Disabilities Education Act (IDEA). Specifically, you ask whether the IDEA limits reimbursement to the parent of a child with a disability, who had an individualized education program (IEP) in the public school, and placed that child in a private school because she believed the public agency did not offer her child a free appropriate public education (FAPE) under the IDEA. You indicate that the parent rejected the public agency's IEP in the spring of 2008 and stated at that meeting that she would be placing her child in a private school and requesting that the public agency reimburse her for that placement. The child was in the private school for the 2008-2009 school year and remained in that placement for the 2009-2010 school year. Having not received reimbursement, the parent requested a due process hearing seeking reimbursement for the pubic agency's failure to p, Ph.D.Acting DirectorCarol Ann Heath-Baglin