Signed June 26, 2003

Dr. Carol Ann Baglin

Assistant State Superintendent

Division of Special Education/

Early Intervention Services

Maryland State Department of Education

200 West Baltimore Street

Baltimore, Maryland 21201

Dear Dr. Baglin:

We are in receipt of your letter requesting clarification from the
Office of Special Education Programs (OSEP) regarding the parent's role
in the team process as it pertains to 34 CFR §300.543. Your letter to
OSEP was prompted by the Baltimore City Public Schools System's (BCPSS)
response to your office's interpretation made in a finding to a
complaint investigation "that a parent is a full member of the IEP team
who maintains all of the rights of school personnel, including the
opportunity to agree or disagree with the decision as to whether the
student has a specific learning disability and to certify in writing
that the written report reflects his or her conclusion." You are seeking
OSEP's clarification of the parent's role in the IEP team process as it
pertains to 34 CFR §300.543.

A key emphasis in the 1997 amendments to the Individuals with
Disabilities Education Act (IDEA) and the implementing regulations was
the strengthening of the parents' role in their child's education and an
expansion of opportunities for parents and key public agency staff to
work in new partnerships at the State and local levels.
([See]{.underline} Appendix A to 34 CFR part 300, Section II).
Accordingly, the IDEA and the implementing regulations require that
parents have an opportunity to participate in meetings and be part of
the groups that make decisions about identification, eligibility,
evaluation, educational placement and the provision of a free
appropriate public education. ([See]{.underline} 34 CFR §§300.501,
300.533(a)(1), 300.534(a)(1)). Further, parents' concerns and the
information they provide about their children must be considered in
developing and reviewing the IEPs. ([See]{.underline} 34 CFR
§§300.343(c)(iii) and 300.346(a)(1)(i)).

Sections 300.540-300.543 of the Part B regulations set forth the
Additional Procedures for Evaluating Children with Specific Learning
Disabilities. Section 300.540 states that "the determination of whether
a child suspected of having a specific learning disability (SLD) is a
child with a disability as defined in 34 CFR §300.7, must be made by the
child's *parents* [and]{.underline} *a team of qualified professionals*
which must include -- (a)(1) the child's regular teacher; or (2) if the
child does not have a regular teacher, a regular classroom teacher
qualified to teach a child of his or her age; or (3) for a child of less
than school age, an individual qualified by the State Education Agency
(SEA) to teach a child of his or her age; and (b) at least one person
qualified to conduct individual diagnostic examinations of children,
such as a school psychologist, speech-language pathologist, or remedial
reading teacher." (Emphasis added). Section 300.540 clearly identifies
those persons who must be included in the *team of qualified
professionals*. The regulation makes clear that it is the parent
[and]{.underline} the team of qualified professionals who determine
whether a child is a child with a SLD. It is important to note that the
"team" described in §300.540 is not the same as the IEP team defined in
§300.344.

The regulations at 34 CFR §300.543(b) require that each *team member*
shall certify in writing whether the report documenting the team's
determination of eligibility reflects his or her conclusion. If it does
not reflect his or her conclusion, the *team member* must submit a
separate statement presenting his or her conclusions. Team member as
used in this citation speaks specifically to the team of qualified
professionals involved in the additional evaluation procedures that must
be used to conduct evaluations and to submit written reports where it is
suspected that a child has a SLD. Therefore, the requirements at 34 CFR
§300.543(b) do [not]{.underline} require or place an "affirmative duty"
on the child's parent to submit a separate statement presenting his or
her conclusions. However, it would not be inconsistent with the IDEA for
a State to require that the child's parent be afforded the opportunity
to provide (but not be required to provide) such a statement.

Although the parent is not listed as a member of the team of qualified
professionals and is not required to submit a written statement
reflecting his or her conclusion, the regulations at 34 CFR §§300.540
and 300.534 are very clear in requiring the determination of whether a
child suspected of having a SLD is a child with a disability must be
made by the parents [and]{.underline} the team of qualified
professionals.

We hope you find this explanation helpful. If we can be of further
assistance, please do not hesitate to contact Dale King at (202)
260-1156 or Dr. JoLeta Reynolds of the Office of Special Education
Programs at (202) 205-5507 (press 3).

Sincerely,

> /s/

Stephanie S. Lee

Director

Office of Special Education Programs