ABCAlternativeLearningCenter.docVIP

Dated 6/27/02 By Overnight Delivery Dina O. Harris, Esq. John F. Walsh, Esq. Best Best Krieger LLP 402 West Broadway, 13th Floor San Diego, California 92101-3542 Kacey Gregson Assistant Attorney General 1275 West Washington, ACD/EHS Phoenix, Arizona 85007 Re: In the Matter of ABC Alternative Learning Center d/b/a Central City Academy v. State of Arizona, Arizona State Superintendent of Public Instruction, and Arizona Department of Education (IDEA-B Appeal) Dear Counsel: Enclosed please find a copy of the decision of the Assistant Secretary of Special Education and Rehabilitative Services in the above-referenced matter. Sincerely, /s/ Stephanie S. Lee Director Office of Special Education Programs ***************************** * IN RE APPEAL OF * * ABC Alternative * Learning Center * IDEA-B Appeal * d/b/a * * Central City Academy * * ***************************** __________________________________________________ DECISION OF THE ASSISTANT SECRETARY __________________________________________________ I. INTRODUCTION. The ABC Alternative Learning Center (ABC) -– a public charter school operating in the State of Arizona as a local educational agency (LEA) -– has appealed to the United States Department of Education (ED), pursuant to 34 C.F.R. § 76.401(d)(5), the Arizona Department of Education’s (SEA’s) decision to withhold from ABC funds under Part B of the Individuals with Disabilities Education Act (IDEA-B), 20 U.S.C. § 1411 – 1420. We have concluded that the SEA’s decision in this matter is supported by substantial evidence and consistent with the IDEA-B and its implementing regulations. Specifically, the SEA’s decision was necessary to ensure the provision of a free appropriate public education (FAPE) to a student with disabilities and compliance with the SEA’s Letter of Findings issued pursuant to a complaint investigation. The SEA’s decision, therefore, is affirmed. II. PROCEDURAL AND FAC