Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

CHILDREN WITH DISABILITIES PLACED IN PRIVATE SCHOOLS BY THEIR PARENTS

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

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Redacted letter
February 2, 2004
Topic: Child with a Disability
Letter clarifying that if a child is evaluated as having one of the disabilities specified in the definition of child with a disability in 34 CFR 300.7(a)(1), and, by reason of that disability, needs special education and related services, a public agency may not deny the provision of a free appropriate public education (FAPE) to the child because the child is advancing from grade to grade.
download files MS Word (22K) | PDF (75K)

Redacted letter
June 30, 2003
Topic: Child With a Disability
Letter clarifying that although neither the IDEA nor its implementing regulations require that students who are deaf or hard of hearing be assessed to determine their American Sign Language (ASL) skills or proficiency, the individualized education program (IEP) may specify that certain assessment methods be used to assess the student's proficiency.
download icon MS Word (25K) | PDF (99K)

Letter to Honorable Ken Lucas
November 8, 2002
Topic: Child with a Disability
Letter regarding the circumstances under which a child with asthma may be eligible under the IDEA or under section 504 of the Rehabilitation Act of 1973 or both.
download files MS Word (37K) | PDF (69K)

Letter to Senator Landrieu
July 12, 2002
Topic: Child with a Disability
Letter regarding the identification and evaluation of handicapped persons under Section 504 of the Rehabilitation Act of 1973.
download files MS Word (99K) | PDF (25K)

Redacted letter
January 7, 2002
Topic: Child With a Disability
Letter clarifying that (1) a State must make clear to the Office of Special Education Programs that it has the authority to enforce the requirements of IDEA under State law and (2) a State may adopt a definition of "adverse effect" provided that the State definition is not implemented in a manner that excludes otherwise eligible children.
download files MS Word (37K) | PDF (69K)

Letter to Honorable Peter Hoekstra
November 21, 2000
Topic: Child with a Disability
Letter regarding the appropriate roles of educators and physicians in respectively providing Part B services to, and conducting medical diagnoses of, students with attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD).
download files MS Word (35K) | PDF (150K)

Redacted letter
July 25, 2000
Topic: Child with a Disability
Letter regarding the provision of appropriate instruction methodologies, educational services and placements under IEPs for children with autism.
download icon MS Word (21K) | PDF (49K)

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Last Modified: 05/04/2007