Dated June 14, 2007

This letter is in response to your January 18, 2007 electronic mail
(email) inquiry to Ms. Elizabeth Newton, in the Office of Special
Education Programs (OSEP). In your email, you asked whether the
personnel qualifications outlined in 34 CFR §300.156 also apply to staff
hired by the local educational agency (LEA) to provide compensatory
special education and related services. You additionally requested
clarification as to whether requirements for instructional materials
apply to these compensatory services.

Under Part B of the Individuals with Disabilities Education Act (IDEA),
each State and its public agencies must ensure that a free appropriate
public education (FAPE) is made available to all children with
disabilities in mandatory age ranges. FAPE includes, among other
matters, the provision of special education and related services that
meet State education standards and Part B requirements. Under 34 CFR
§300.156(a), qualifications established and maintained by a State
educational agency (SEA) must ensure that special education teachers and
related service providers be appropriately and adequately prepared and
trained. Paraprofessionals must be appropriately trained and supervised,
in accordance with State law, regulation, or written policy. 34 CFR
§300.156(c) requires that the qualifications described in 34 CFR
§300.156(a) ensure that each person employed as a public school special
education teacher in the State who teaches in an elementary school,
middle school, or secondary school is highly qualified as a special
education teacher by the deadline established in section 1119(a)(2) of
the Elementary and Secondary Education Act (ESEA). The timely access to
appropriate and accessible instructional materials described at 34 CFR
§300.172 is an inherent component of a public agency\'s obligation under
the Act to ensure that FAPE is available for children with disabilities.

Under Part B regulations, no distinction is made between the personnel
qualifications for special education and related services provided
pursuant to a child\'s individualized education program (IEP) as part of
the regular school program and those provided pursuant to an IEP as
compensatory services. Personnel providing compensatory services should
meet the same requirements that apply to personnel providing the same
types of services as a part of a regular school program. There is
similarly no distinction between instructional materials provided as
part of special education and related services under the IEP as part of
the regular school program and those provided pursuant to an IEP as
compensatory services.

Based on section 607(e) of the IDEA, we are informing you that our
response is provided as informal guidance and is not legally binding,
but represents an interpretation by the U.S. Department of Education of
the IDEA in the context of the specific facts presented.

I hope this information is responsive to your questions. If you have
further questions, please feel free to write to Ms. Newton again, or she
can be reached at (202) 245-7587.

> Sincerely,
>
> /s/ Patricia J. Guard for
>
> Alexa Posny, Ph.D.
>
> Director
>
> Office of Special Education Programs

cc: Ms. Roberta Wohle