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OSEP Policy Letters of Clarification Related to Part C and Section 619

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Individuals may write to the Secretary of Education requesting clarification or interpretation of the IDEA statute or regulations. The Department of Education quarterly publishes responses to these queries in the Federal Register. The OSEP Director has shared some letters with the OSEP TA projects before their scheduled publication. NECTAC reviews all letters and posts letters that specifically address Part C and Part B-Section 619 on this page. In addition, NECTAC posts other letters that address Part B of the IDEA that may also be relevant to preschool-aged children. To view the entire collection of OSEP policy letters dealing with all ages from 2000 to the present go to: http://www.ed.gov/policy/speced/guid/idea/index.html. A topical index to these letters is available at http://www.ed.gov/policy/speced/guid/idea/letters/revpolicy/index.html.

Early Childhood - July 2000 - December 2007 (Most Recent Available)
Date Recipient State Topic Section of IDEA
11/28/07 Attorney Lawrence W. Berliner CT Complaint Resolution Part C - Infants and Toddlers with Disabilities Section 635 - Requirements for a Statewide System
09/24/07 Individual (personally identifiable information redacted) FL Content of Plan (ABA-DT therapy for child with autism) Part C - Infants and Toddlers with Disabilities Section 636 - Individualized Family Service Plan
09/04/07 Janice M. Kane FL Early Intervention Services and Duplication of Services Part C - Infants and Toddlers with Disabilities Section 636 - Individualized Family Service Plan
05/10/07 Doris O. Matsui CA Evaluations and Reevaluations Part B - Section 614 - Eligibility determination and taking into consideration factors such as family history of substance abuse and medical information
05/03/07 State Directors of Special Education All Payment for Services / Parental Consent Part B - 34CFR§ 300.154 - Parental consent for accessing public benefits or insurance to pay for services.
04/12/2007 Paul S.Foreman CA Maintenance of Current Educational Placement Part B - Section 615 - Child’s status during the pendency of proceedings when a child who is no longer eligible for Part C services seeks initial services under Part B.
03/23/07 Brian L. Talbot All Children With Disabilities Enrolled by Their Parents In Private Schools Part B - Section 612 - The role of sending and receiving LEAs in completing child find activities and implementing equitable services for children with disabilities enrolled by their parents in private schools.
03/08/07 Dixie S. Huefner UT Expedited Due Process / Placement Part B - 34CFR§ 300.532 - Requesting an expedited due process hearing; placement during appeals.
03/08/07 John D. Hill IN Payment for Services / Parental Consent Part B - 34CFR§ 300.154 - Parental consent for accessing public benefits or insurance to pay for services.
03/08/07 Catherine D. Clarke DC Speech/Language impairment / FAPE / Service delivery Part B - 34CFR§ 300.8 - When a speech or language impairment adversely affects educational performance. 34CFR§ 300.101 - Missed sessions and FAPE. 34CFR§ 300.320 - Continuum of service delivery options.
03/06/07 Governor Rick Perry TX State Allocation Formula Part C - Section 643 - Allocations of funds to States under Part C of the IDEA
03/06/07 Perry A. Zirkel PA Determination of Eligibility Part B - 34CFR§ 300.307 - Identifying children with specific learning disabilities; severe discrepancy, RTI and other models.
02/02/07 Gerald L. Zahorchak PA Maintenance of Current Educational Placement Part B - Section 615 - Child’s status during the pendency of administrative or judicial proceedings when a child who is no longer eligible for services under Part C of IDEA seeks initial services under Part B of IDEA.
01/23/07 Margaret A. Smith FL Payment for Services / Parental Consent Part B - 34CFR§ 300.154 - Parental consent for accessing public benefits or insurance to pay for services.
12/01/06 Christopher Smith NJ Private Preschools Part B - Section 612 - Applicability of equitable participation requirements to children with disabilities age three through five who are enrolled by their parents in private schools.
11/04/05 Danita Munday MS Early Intervention Programs Part C - Infants and Toddlers with Disabilities; Section 615 - Procedural Safeguards
11/04/05 Linda Pippins LA Early Intervention Programs Part C - Infants and Toddlers with Disabilities; Section 615 - Procedural Safeguards
11/04/05 Janice Kane FL Early Intervention Programs Part C - Infants and Toddlers with Disabilities; Section 615 - Procedural Safeguards
08/09/05 Eleanor Hirsh VI Evaluation Part C - Use of evaluations conducted under Part C of IDEA to determine eligibility under Part B of IDEA; and placement options for preschool-aged children with disabilities.
06/20/05 Dr. Rebecca Cort NY Allocation of Funds Part B - Assistance for Education of All Children With Disabilities; Section 611P - Authorization; Allotment; Use of Funds; Authorization of Appropriations; Section 619 - Preschool Grants
06/07/05 Sandy L. Morris WA Natural Environments Part C - Infants and Toddlers With Disabilities; Section 636 - Individualized Family Service Plan
07/12/04 Rick Ingraham CA Child Find Part C - Section 635 - Requirements for Statewide System
04/28/04 Janet D. Gully IL Early Intervention Services Part C - Section 632 - Definitions - Differentiating therapy that is primarily for medical purposes from therapy that is primarily for developmental purposes.
02/12/04 Individual (personally identifiable information redacted) -- Child Find Part C - Section 635 - Requirements for Statewide System
02/11/04 Mary Elder TX Transition Part C - Section 636 - Individualized Family Service Plan
11/06/03 Linda Goodman CT Evaluations Part C - Section 634 - Eligibility
10/24/03 Linda Goodman CT Eligibility Criteria Part C - Section 635 - Requirements for Statewide System
08/19/03 Individual (personally identifiable information redacted) -- Procedural Safeguards Part C - Section 635 - Requirements for Statewide System
06/30/03 Individual (personally identifiable information redacted) -- Early Intervention Services Part C - Section 636 - Individualized Family Service Plan - Can a child be evaluated and receive services if parents do not give their consent?
03/25/03 Moeolo Vaatausili AS Use of Funds Part B - Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations; Section 619 - Preschool Grants
03/25/03 Linda Goodman CT Early Intervention Services Part C - Section 636 - Individualized Family Service Plan - Assistive technology
03/21/03 Virginia Beridon LA Use of Funds Part B - Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations; Section 619 - Preschool Grants
03/13/03 David K. Steele SC Early Intervention Services Part C - Section 636 - Individualized Family Service Plan - Provision of respite and other family support services.
11/12/02 Rodney Watson LA Prohibition Against Supplanting Part C - Section 637- State Application and Assurances
11/20/02 Andrew Gomm NM Administration of Part C Funds Part C - Section 643 - Allocation of Funds
08/13/02 Individual, (personally identifiable information redacted). -- State Participation Part C - Section 634 - Eligibility
07/30/02 Individual, (personally identifiable information redacted). -- Natural Environments Part C - Section 636 - Individualized Family Service Plan
06/11/02 Trish Howard KY Early Intervention Services Part C - Section 636 - Does the IFSP team have the authority to request services "beyond set guidelines."
02/13/02 Judy Biggert(Congress-woman) DC Amendment of Regulations Part C - Section 631 - Findings and Policy
02/12/02 Kelly C. Wilson IL Early Intervention Services (IFSP) Part C - Section 636 - Can the IFSP team determine that a child needs a specific therapy or methodology, and if so, can it be included on the child's IFSP and must Part C fund it?
08/06/01 Richard Shelby (Senator) DC Natural Environments Part C - Section 636 - Individualized Family Service Plan
06/29/01 Paul Flinter CT Use of Funds Part B - Section 619 - Preschool Grants
05/17/01 Deborah Barnett, Joanne Wounded Head SD Eligibility Criteria Part C - Section 635 - Requirements for a Statewide System
05/03/01 Kurt Knickrehm AR Eligibility Criteria Part C - Section 635 - Requirements for a Statewide System
05/02/01 Garry Gardner IL Eligibility Criteria Part C - Section 635 - Requirements for a Statewide System
04/16/01 Robert C. Byrd (Senator) DC Early Intervention Services Part C - Section 636 - Can an outside entity, such as Medicaid, override the Individualized Family Service Plan process in determining intensity and frequency of services?
06/14/01 Ike Skelton (Senator) DC Natural Environments Part C - Section 636 - Individualized Family Service Plan
01/02/01 Colleagues -- Federal Interagency Coordinating Council Part C - Sections 631-641
01/17/01 H. James T. Sears (TRICARE) VA Federal Interagency Coordinating Council Part C - Sections 631-641
12/19/00 Office of CHAMPUS Management Activity CO Payor of Last Resort Part C - Sections 631-641
10/19/00 Cecil Picard LA State Lead Agency General Supervisory Responsibility Part C - Sections 631-641
11/01/00 Individual (personally identifiable information redacted) -- Natural Environments Part C - Sections 631-641
09/18/00 Linda Renee Baker IL Definitions Part C - Sections 631-641
08/16/00 Julie Goings (Bureau of Indian Affairs) SD Early Intervention Services Part C - Sections 631-641 - Services provided to children with disabilities aged 0 through 5 of the Oglala Soiux Tribe
09/25/00 Individual, (personally identifiable information redacted) -- Infant or Toddler with a Disability Part C - Sections 631-641
08/11/00 Joanne C. Holmes ME Federal Interagency Coordinating Council Part C - Sections 631-641
Links on this site are verified monthly. This page content was last updated on 03/28/2008.
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