POLICY LETTER: October 24, 2003 to New Jersey Commissioner of Education William L. Librera

Dated October 24, 2003Honorable William L. LibreraCommissioner of Education100 River View PlazaTrenton, New Jersey 08625-0500Dear Dr. Librera:This letter is in response to a letter received by the Office of Special Education Programs (OSEP), U.S. Department of Education from Ms. Diana Autin of the Statewide Parent Advocacy Network in Newark New Jersey. Ms. Autin requested clarification regarding the responsibility of the New Jersey Department of Education to ensure a free appropriate public education (FAPE) to children with disabilities who live in New Jersey, but attend school in New York under a contract between New Jersey and New York school districts. According to Ms. Autin, beginning in middle school, all public school students who live in Montague, New Jersey attend school in Port Jervis, New York under a contractual agreement between the two districts. Ms Autin specifically asked whether, for these students, evaluations are to be conducted and eligibility determinations made consistent with New Jersey's policies, and whether the New Jersey Department of Education must provide access to dispute resolution procedures (e.g., due process hearings, mediation) that are available to all parents of children with disabilities who live in New Jersey.The Individuals with Disabilities Education Act (IDEA) requires States to have in effect policies and procedures to ensure that children with disabilities have available to them special education and related services that meet their unique needs. Among the requirements under the IDEA and its implementing regulations, States must ensure that: (a) a free appropriate public education is available to all children with disabilities residing in the State (20 U.S.C. 1412(a)(1); 34 C.F.R 300.121); (b) all children with disabilities residing in the State who are in need of special education and related services are identified, located, and evaluated (20 U.S.C. 1412(a)(3); 34 C.F.R 300.125); (c) children with disabilities and their parents are afforded their procedural safeguards (20 U.S.C. 1412(a)(6); 34 C.F.R 300.129);and (d) children with disabilities are evaluated in accordance with procedures outlined in section 614 of the IDEA (20 U.S.C. 1412(a)(7); 34 C.F.R. 300.126).The IDEA does not prohibit a State or school district from entering into an agreement with another entity to provide special education and related services. However, the State remains responsible for ensuring that the requirements of Part B of the IDEA are carried out and that each educational program for children administered within the State, including each program administered by any other State or local agency, is under the general supervision of the persons responsible for educational programs for children with disabilities in the State; and meets the educational standards of the State, including the requirements of Part B of the IDEA (20 U.S.C. 1412(a)(11); 34 C.F.R. 30/s/Stephanie Smith LeeDirectorOffice of Special Education Programscc: Ms. Barbara Gantwerk, Director, Office of Special Education Programs, New Jersey Department of EducationMs. Diana Autin, Statewide Parent Advocacy Network, Inc., Newark, New Jersey Page PAGE 2 - Honorable William L. Librera