POLICY LETTER: May 9, 2012 to Special Education Advocate Ellen M. Chambers

May 9, 2012Ellen M. Chambers, MBASpecial Education Advocate141 River RoadPepperell, Massachusetts 01463Dear Ms. Chambers:This is in response to your December 5, 2011 letter to me, in which you request guidance on how to apply the definitions of specially-designed instruction and related services. You indicate that school districts in Massachusetts state that services or types of instruction, such as counseling, social skills training and modified teaching methodologies, are not special education because they constitute best teaching practices and are part of the district's regular education program. You state that districts argue that children with disabilities, evaluated, and determined eligible in accordance with 34 CFR 300.304 through 300.311 and who need such services or instruction, are not eligible for an individualized education program (IEP) because such services or instruction do not meet the legal definition of special designed instruction or related services.Under 34 CFR 300.39(a)(1), special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability. Specially designed instruction means adapting, as appropriate to the needs of an eligible child under Part B of the Individuals with Disabilitie/s/ Melody MusgroveMelody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special EducationPage PAGE 2 Ellen M. Chambers, MBA