POLICY LETTER: September 7, 2012 to Albert Gonzales, New Mexico Education Department Assistant General Counsel

September 7, 2012Albert V. GonzalesAssistant General CounselPublic Education Department300 Don GasparSanta Fe, New Mexico 87501-2786Dear Mr. Gonzales:This letter is in response to your June 19, 2012 electronic mail (email) correspondence to the Office of Special Education Programs (OSEP) in the Office of Special Education and Rehabilitative Services (OSERS), U.S. Department of Education (Department). You requested written guidaAn LEA may perform this calculation on a position-by-position basis. However, the regulatory provision in 34 CFR 300.204(a) does not require a position-by-position approach. We believe it is permissible under 34 CFR 300.204(a) for the LEA to determine the amount it can reduce its level of effort by adding the salaries of all of the newly-hired special education teachers who are replacing departing special education teachers, PAGE * MERGEFORMAT 3 Mr. Albert V. Gonzales