Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
2008 Policy Letters
This page contains policy letters issued during 2008 listed in chronological order.

 2008

December 17, 2008 Dear Colleague Letter from former Deputy Secretary Ray Simon
TOPIC ADDRESSED: Family Educational Rights and Privacy Act
MS Word (32KB) | PDF (115KB)


December 15, 2008 to National Association of Private Special Education Centers Executive Director and CEO Sherry Kolbe.
TOPIC ADDRESSED: Highly Qualified Teachers
SECTION OF IDEA: Part A—General Provisions; Section 602—Definitions
MS Word (22KB) | PDF (75KB)


December 11, 2008 to Louisiana State Department of Education Acting Director of Division of Educational Improvement and Assistance Susan W. Batson.
TOPIC ADDRESSED: State-Level Activities
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 611—Authorization; Allotment; State-Level Activities; Authorization of Appropriations
MS Word (49KB) | PDF (70KB)


December 11, 2008 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Due Process Complaints
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 615—Procedural Safeguards
MS Word (42KB) | PDF (215KB)


December 11, 2008 to Lehigh University Professor Perry A. Zirkel.
TOPIC ADDRESSED: Independent Educational Evaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 615—Procedural Safeguards
MS Word (32KB) | PDF (115KB)


November 17, 2008 to Harrisburg, Pennsylvania attorney Jeffrey F. Champagne.
TOPIC ADDRESSED: Parental Consent
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (56KB) | PDF (70KB)


November 14, 2008 to American Printing House for the Blind, Inc. President Dr. Tuck Tinsely.
TOPIC ADDRESSED: National Instructional Materials Access Center
SECTION OF IDEA: Part D—National Activities to Improve Education of Children with Disabilities; Section 674—Technology Development, Demonstration, and Utilization; Media Services; and Instructional Materials
MS Word (76KB) | PDF (139KB)


November 4, 2008 to Montana Office of Public Instruction Department of Special Education Services Assistant Superintendent Robert Runkel.
TOPIC ADDRESSED: Disproportionality
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 618—Program Information
MS Word (76KB) | PDF (180KB)


October 31, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver.
TOPIC ADDRESSED: Correction of Noncompliance
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 616—Monitoring, Technical Assistance, and Enforcement
MS Word (32KB) |  PDF (115KB)


October 31, 2008 to Fiscal and Policy Advisor for Rural and Sparsely Populated Consortium of California James Kennedy.
TOPIC ADDRESSED: Use of Funds
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities Section 613—Local Educational Agency Eligibility
MS Word (70KB) | PDF (273KB)


October 30, 2008 to Maryland Assistant State Superintendent for the Division of Special Education/Early Intervention Services Carol Ann Baglin
TOPIC ADDRESSED: Due Process Hearings
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 615—Procedural Safeguards
MS Word (63KB) | PDF (508KB)


October 17, 2008 Dear Colleague Letter from former Assistant Secretary of the Department's Office for Civil Rights Stephanie J. Monroe.
TOPIC ADDRESSED: Report Cards and Transcripts
MS Word (32KB) |  PDF (115KB)


October 17, 2008 to Chief State School Officers.
TOPIC ADDRESSED: Correction of Noncompliance
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 616—Monitoring, Technical Assistance, and Enforcement
MS Word (32KB) |  PDF (115KB)


August 15, 2008 to Missouri Department of Elementary and Secondary Education Assistant Commissioner Heidi Atkins Lieberman.
TOPIC ADDRESSED: Prior Written Notice
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 615—Procedural Safeguards
MS Word (32KB) | PDF (115KB)


August 15, 2008 to Kentucky School Boards Association Senior Attorney Teresa T. Combs.
TOPIC ADDRESSED: Protections for Children not yet Eligible for Special Education and Related Services
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 615—Procedural Safeguards
MS Word (32KB) | PDF (115KB)


August 7, 2008 to Idaho Commission for the Blind and Visually Impaired Administrator Angela Jones.
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (29KB) | PDF (135KB)


July 28, 2008 to Chief State School Officers.
TOPIC ADDRESSED: Early Intervening Services
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities Section 613—Local Educational Agency Eligibility
MS Word (27KB) |  PDF (81KB)


July 23, 2008 to Kinney Management Services, LLC representative Joseph Kinney.
TOPIC ADDRESSED: Obligations Related to and Methods of Ensuring Services
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (42KB) | PDF (215KB)


July 9, 2008 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (27KB) | PDF (81KB)


July 9, 2008 to The ARC of Pennsylvania Executive Director Stephen H. Suroviec.
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (56KB) | PDF (70KB)


July 9, 2008 to Vermont Parent Information Center Lead Family Consultant Martha Frank.
TOPIC ADDRESSED: Least Restrictive Environment
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (22KB) | PDF (75KB)


July 1, 2008 to individuals (personally identifiable information redacted).
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (49KB) | PDF (70KB)


July 1, 2008 to Decatur, Georgia Attorney Jonathan A. Zimring.
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (38KB) | PDF (95KB)


July 1, 2008 to District of Columbia State Superintendent of Education's Early Care and Education Administration's Infants and Toddlers with Disabilities Division Program Manager Tracie Bullock Dickson.
TOPIC ADDRESSED: Early Intervention Services
SECTION OF IDEA: Part C—Infants and Toddlers with Disabilities; Section 632—Definitions
MS Word (32KB) | PDF (115KB)


June 5, 2008 to Austin Independent School District General Counsel Ylise Janssen.
TOPIC ADDRESSED: Student Discipline
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 615—Procedural Safeguards
MS Word (10KB) | PDF (174KB)


June 3, 2008 to Michigan Office of Special Education and Early Intervention Services Supervisor of Program Improvement Frances F. Loose.
TOPIC ADDRESSED: Disproportionality
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 618—Program Information
MS Word (10KB) | PDF (174KB)


June 3, 2008 to Indiana Attorney Joseph Daniel Thomas.
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (10KB) | PDF (174KB)


June 3, 2008 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Evaluations, Parental Consent, and Reevaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (10KB) | PDF (174KB)


May 28, 2008 to American Speech-Language-Hearing Association Director of Education and Regulatory Advocacy Catherine Clarke.
TOPIC ADDRESSED: Personnel Qualifications
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (33KB) | PDF (1.4M)


May 7, 2008 to Kinney Management Services, LLC Representative Joseph Kinney.
TOPIC ADDRESSED: Obligations Related to and Methods of Ensuring Services
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (37KB) | PDF (922KB)


May 6, 2008 to New York Attorney Edward J. Sarzynski.
TOPIC ADDRESSED: Evaluations, Parental Consent, and Reevaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (10KB) | PDF (174KB)


May 6, 2008 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Special Education
SECTION OF IDEA: Part A—General Provisions; Section 602—Definitions
MS Word (17KB) | PDF (777KB)


May 1, 2008 to West Virginia Attorney James Gerl.
TOPIC ADDRESSED: Student Discipline
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 615—Procedural Safeguards
MS Word (10KB) | PDF (174KB)


April 22, 2008 to Texas Education Agency General Counsel David Anderson.
TOPIC ADDRESSED: Child Find
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (31KB) | PDF (500KB)


April 17, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver.
TOPIC ADDRESSED: Confidentiality of Information
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (32KB) | PDF (456KB)


April 8, 2008 to Washington, D.C. Attorney Christine Plagata-Neubauer.
TOPIC ADDRESSED: Use of Federal Funds
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 613—Use of Federal Funds
MS Word (39KB) | PDF (215KB)


April 8, 2008 to Lehigh University Professor Perry A. Zirkel
TOPIC ADDRESSED: Evaluations, Parental Consent, and Reevaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (39KB) | PDF (215KB)


March 31, 2008 to individuals (personally identifiable information redacted).
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (9KB) | PDF (523KB)


March 31, 2008 to individuals (personally identifiable information redacted).
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (24KB) | PDF (114KB)


March 17, 2008 to Howard County Public School System Facilitator Ronald Caplan.
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32KB) | PDF (732KB)


March 17, 2008 to Utah At Risk and Special Education Services Director Nan Gray.
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (36KB)| PDF (163KB)


March 17, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities Section 615—Procedural Safeguards
MS Word (31KB) | PDF (101KB)


March 17, 2008 to New Jersey Office of the State Board of Appeals Acting Director John Worthington.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities Section 615—Procedural Safeguards
MS Word (31KB) | PDF (101KB)


March 17, 2008 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Children In Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (39KB) | PDF (215KB)


March 11, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver.
TOPIC ADDRESSED: State Advisory Panel
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (32KB) | PDF (115KB)


March 7, 2008 to Texas Education Agency General Counsel David Anderson. 
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (33KB) | PDF (1.4MB)


February 4, 2008 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (10KB) | PDF (174KB)


February 4, 2008 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (10KB) | PDF (174KB)


February 1, 2008 to Nevada Office of Special Education and Diversity Programs Director Frankie McCabe.
TOPIC ADDRESSED: Disproportionality
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 618 - Program Information
MS Word (31KB) | PDF (101KB)


February 1, 2008 to New Jersey Office of Special Education Programs Director Roberta Wohle.
TOPIC ADDRESSED: Least Restrictive Environment
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (37KB) | PDF (922KB)


January 30, 2008 to New Mexico State Director of Special Education Denise Koscielniak.
TOPIC ADDRESSED: Access to Instructional Materials
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (30KB) | PDF (87KB)


January 25, 2008 to U.S. Senator Joseph I. Lieberman.
TOPIC ADDRESSED: Children In Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (39KB) | PDF (215KB)


January 24, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver.
TOPIC ADDRESSED: Methods of Ensuring Services
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
MS Word (41KB) | PDF (225KB)


January 15, 2008 to Coalition of Learning Disabled CEO Allen Brumbaugh.
TOPIC ADDRESSED: Child With a Disability
SECTION OF IDEA: Part A—General Provisions; Section 602—Definitions
MS Word (17KB) | PDF (777KB)

 



   
Last Modified: 03/06/2019