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Special Education Listserv

Subject: Compliance/Range of Minutes

Source: Ginger Henry, Assistant Director, Compliance

Intended Audience: Directors of Special Education, Process Coordinators, Case Managers

Date: October 1, 2010

FOR YOUR INFORMATION

Please note that the U. S. Department of Education, Office of Special Education Programs (OSEP) takes a dim view of using a range of minutes for specific special education services listed in the IEP. 

While there may be some circumstances where an individual student's need does require this for flexibility in scheduling, this should be the exception.  As long as this practice is used sparingly and is based on the individual student's need, districts would not be found out of compliance for providing a range of minutes in those rare instances.