DueProcessIllinois.org

Office of Special Education and Rehabilitative Services

Interpretations of IDEA

About this file
This file combines the several U.S. Department of Education files containing the summaries of the due  process opinions entered between July 1, 1997, through December 2007.     Although this file is large, it enables you to browse or to do a single search in one file,   instead of repeating the search on the smaller files.  Use your browser's  search command (usually Edit>Find, or Control-F) to specify the  topic you wish to find.  Again, these  summaries were written by the OSEP, and only the hard copy of the opinion is  reliable. We hope to restore some of the formatting and to add summaries as  they are posted.  Again, another work in progress.  This site has made no changes to the text of the summaries of  OSEP and takes no responsibility for the content of summaries or the commentary.

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Work in progress, April 6, 2008

As of this date, theOffice of Special Education and Rehabilitative Services has not published several quarters of reporting correspondence.  The IDEA amendments of 2004 require it to publish.  The amendments also imposed restrictions on the D.Ed as follows:
    
  (d) Policy Letters and Statements.--The Secretary may not issue 
policy letters or other statements (including letters or statements
regarding issues of national significance) that--
``(1) violate or contradict any provision of this title; or
``(2) establish a rule that is required for compliance with,
and eligibility under, this title without following the
requirements of section 553 of title 5, United States Code.

(e) Explanation and Assurances.--Any written response by the
Secretary under subsection (d) regarding a policy, question, or
interpretation under part B shall include an explanation in the written
response that--
(1) such response is provided as informal guidance and is
not legally binding;
(2) when required, such response is issued in compliance
with the requirements of section 553 of title 5, United States
Code; and
(3) such response represents the interpretation by the
Department of Education of the applicable statutory or
regulatory requirements in the context of the specific facts
presented.

(f) Correspondence From Department of Education Describing
Interpretations of This Title.--
(1) <<NOTE: Federal Register, publication.>> In general.--
The Secretary shall, on a quarterly basis, publish in the
Federal Register, and widely disseminate to interested entities
through various additional forms of communication, a list of
correspondence from the Department of Education received by
individuals during the previous quarter that describes the
interpretations of the Department of Education of this title or
the regulations implemented pursuant to this title.
(2) Additional information.--For each item of
correspondence published in a list under paragraph (1), the
Secretary shall--
(A) identify the topic addressed by the
correspondence and shall include such other summary
information as the Secretary determines to be
appropriate; and
(B) ensure that all such correspondence is issued,
where applicable, in compliance with the requirements of
section 553 of title 5, United States Code.
Dept Ed Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA amendments of 2004, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

to read the actual copies of the OSEP letters go to:
http://www.ed.gov/policy/speced/guid/idea/index.html
 

Summaries as published by OSEP
4th quarter 2007 3rd quarter, 2007 2nd quarter, 2007
1st quarter 2007
4th quarter 2006 3rd quarter, 2006 2nd quarter, 2006
4th quarter 2005 3rd quarter, 2005 2nd quarter, 2005 1st quarter 2005
4th quarter 2004 3rd quarter, 2004 2nd quarter, 2004 1st quarter 2004
4th quarter 2003
3rd quarter, 2003
2nd quarter, 2003
1st quarter 2003
4th quarter 2002
3rd quarter, 2002 2nd quarter, 2002 1st quarter 2002
4th quarter, 2001 3rd quarter 2001
2nd quarter 2001
1st quarter 2001
4th quarter 2000
3rd quarter 2000
2nd quarter 2000 1st quarter 2000
4th quarter 1999 3rd quarter 1999 2nd quarter 1999
1st quarter 1999
4th quarter 1998 3rd quarter 1998
2nd quarter, 1998 1st quarter 1998
4th quarter 1997 3rd quarter 1997

 
 
top due process home OSEP letters




CY2007 — Fourth QUARTER

November 28, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Child With a Disability
SECTION OF IDEA: Part A - General Provisions; Section 602 - Definitions
download files MS Word | (17K) PDF (101K)

regarding criteria for making eligibility determinations under Part B of IDEA.

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December 21, 2007 to Texas Education Agency General Counsel David Anderson, Esq.
TOPIC ADDRESSED: Child Find
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (8K) | PDF (60K)

clarifying that a State has no 
child find obligations under Part B of IDEA to children housed in a
U.S. Immigration and Customs Enforcement residential facility.
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November 30, 2007 to Chapman Management Group member Tom Trigg.
TOPIC ADDRESSED: Least Restrictive Environment
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (26K) | PDF (106K)

 clarifying the placement requirements in Part B of IDEA.
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December 20, 2007 to Indiana Department of Education Medicaid Liaison John Hill.
TOPIC ADDRESSED: Methods of Ensuring Services
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (22K) | PDF (78K)

clarifying whether school-based Medicaid billing is optional or required under IDEA.
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November 7, 2007 to Mountain Plains Regional Resource Center Director Dr. John Copenhaver.
TOPIC ADDRESSED: Personnel Qualifications
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (8K) | PDF (70K)

clarifying the relationship between the requirements regarding highly qualified 
teachers and the provision of extended school year services. ESY.
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October 22, 2007 to U.S. Senator James M. Inhofe.
TOPIC ADDRESSED: Prohibition on Mandatory Medication
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (28K) | PDF (165K)

regarding the application and implementation of the statutory prohibition on mandatory medication.
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October 19, 2007 to Mountain Plains Regional Resource Center Director Dr. John Copenhaver.
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
download files MS Word (15K) | PDF (147K)

clarifying the application of the requirements for parent consent for initial 
evaluations when a response to intervention process is used for
evaluating children with disabilities.
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October 19, 2007 to Bowling Green State University Special Needs Assistant Brigitte Green-Churchwell.
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
download files MS Word (5K) | PDF (40K)

explaining that an evaluation under Part B of IDEA is not required 
before terminating a child's eligibility due to graduation from
secondary school with a regular diploma or due to exceeding the age of
eligibility for a free appropriate public education under State law.
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December 21, 2007 to California Attorney Nancy J. LoDolce.
TOPIC ADDRESSED: TOPIC ADDRESSED: Procedural Safeguards Notice
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (16K) | PDF (97K)

clarifying whether age and grade level scores, along 
with recommendations pertaining to specific methodologies and/or use of
materials, can be included in evaluations conducted by independent
educational evaluators.
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November 30, 2007 to Texas Education Agency Special Programs Director Kathy Clayton.
TOPIC ADDRESSED: Procedural Safeguards Notice
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (11K)| PDF (68K)

regarding a State's obligation to communicate to parents the information contained in the procedural 
safeguards notice under Part B of IDEA.
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November 14, 2007 to Virginia Assistant Superintendent for Special Education and Student Services H. Douglas Cox.
TOPIC ADDRESSED: Procedural Safeguards Notice
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (13K) | PDF (50K)

regarding a revision to the procedural safeguards notice model 
form developed by the Office of Special Education Programs.
Topic Addressed: Impartial Due Process Hearing
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October 25, 2007 to Advocacy Center for Persons with Disabilities Education Team Manager Robert Jacobs.
TOPIC ADDRESSED: Educational Placements
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (23K) | PDF (68K)

clarifying whether a State educational agency (SEA) may contract with 
another agency to hold due process hearings for the SEA and the
applicable appeals process.
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December 12, 2007 to Connecticut Attorney David Shaw.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (27K) | PDF (126K)

regarding State rules for hearing officer review of 
negotiated settlement agreements reached outside of mediation or the
resolution process and enforcement of these settlement agreements.
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November 28, 2007 to Connecticut Attorney Lawrence W. Berliner.
TOPIC ADDRESSED: Complaint Resolution
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities Section 635 - Requirements for a Statewide System
download files MS Word(14K)| PDF (73K)

regarding Part C complaint resolution procedures 
and clarifying that the current Part C regulations do not give an early
intervention services provider an opportunity to respond to a
complaint.
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December 26, 2007 to Dear Colleague.
TOPIC ADDRESSED: Educational Placements
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
download files HTML | PDF

regarding issues in the enrollment of students with 
disabilities in accelerated programs such as Advanced Placement and
International Baccalaureate classes or programs.

CY2007 — THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2007 through September 30, 2007.
download files PDF (39K) | HTML

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September 11, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (22K) | PDF (75K)

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
[cir] Letter dated September 11, 2007 to individual, regarding how a local educational
agency (LEA) may address the needs of a child with a neurological impairment.
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August 15, 2007 to Carlette Morris, New Zion, South Carolina Elementary School.
TOPIC ADDRESSED: Methods of Ensuring Services
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (49K) | PDF (70K)

Walker Gamble Elementary School official Carlette Morris, regarding use 
of an interagency agreement between a State or LEA and a State Medicaid
Agency to obtain Medicaid reimbursement for Medicaid-covered services
included in a Medicaid-eligible child's individualized education
program (IEP).
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August 7, 2007 to U.S. Representative Bill Shuster.
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (38K) | PDF (95K)

restating the Department's policy that test protocols that do 
not contain personally identifiable information are not education
records under either Part B of IDEA or the Family Educational Rights
and Privacy Act.
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August 22, 2007 to Arizona Director of Exceptional Student Services Colette Chapman.
TOPIC ADDRESSED: Children with Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (27K) | PDF (81K)

Letter dated August 22, 2007 to Arizona Director of 
Exceptional Student Services Colette Chapman, clarifying that children
with disabilities placed by their parents in for-profit private schools
are not considered ``parentally-placed private school children with
disabilities,'' are not included in the proportionate share calculation
and are not eligible for equitable services.
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August 29, 2007 to Scarsdale, New York Public Schools Director of Special Education Dr. Michael Mendelson.
TOPIC ADDRESSED: CChildren with Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (56K) | PDF (70K)

Letter dated August 29, 2007 to Scarsdale, New York Public 
Schools Director of Special Education Dr. Michael Mendelson, regarding
requirements in Part B of IDEA that are applicable to the LEA where the
private school is located when a child with a disability is parentally-
placed in a special education private school.
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July 27, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Evaluations 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
download files MS Word (29K) | PDF (135K)

 Letter dated July 27, 2007 to individual (personally 
identifiable information redacted) and letter dated September 24, 2007
to Mountain Plains Regional Resource Center Co-Director Dr. Carol
Massanari, regarding the use of response to intervention in evaluating
children suspected of having specific learning disabilities.
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September 24, 2007 to Mountain Plains Regional Resource Center Co-Director Dr. Carol Massanari.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (42K) | PDF (215K)

 Letter dated July 27, 2007 to individual (personally 
identifiable information redacted) and letter dated September 24, 2007
to Mountain Plains Regional Resource Center Co-Director Dr. Carol
Massanari, regarding the use of response to intervention in evaluating
children suspected of having specific learning disabilities.
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August 15, 2007 to Lehigh University Professor Perry A. Zirkel.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (32K) | PDF (115K)

Letter dated August 15, 2007 to Lehigh University Professor 
Perry A. Zirkel, regarding an LEA's use of its State-adopted criteria
for determining whether a child has a specific learning disability.
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September 5, 2007 to New York Attorney Edward J. Sarzynski.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (32K) | PDF (115K)

Letter dated September 5, 2007 to New York Attorney Edward J. 
Sarzynski, regarding whether written parental consent is required for
all evaluations that are not standardized tests administered to all
students.
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July 19, 2007 to individual (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
download files MS Word (32K) | PDF (115K)

regarding a State's proposed rules that relate to IEPs and other requirements in Part B of IDEA.
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August 24, 2007 to Disability Rights Advocate Pat Kelly.
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
download files MS Word (32K) | PDF (115K)

to Disability Rights Advocate 
Pat Kelly, clarifying when benchmarks or short-term objectives must be
included in the IEPs of students with disabilities who take alternate
assessments aligned to alternate achievement standards.
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August 22, 2007 to Trident Literacy Association Representative Suzy Arents.
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
download files MS Word (32K) | PDF (115K)

to Trident Literacy Association 
official Suzy Arents, clarifying that a private nonprofit entity has no
obligation to develop IEPs for students with disabilities who have
withdrawn from the public school program and who seek literacy services
directly from a private nonprofit entity.
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September 4, 2007 to Linda Boswell, Conway, Arkansas Public Schools,.
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
download files MS Word (32K) | PDF (115K)

to Conway, Arkansas Public 
Schools official Linda Boswell, regarding translation of IEP documents
into a parent's native language.
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August 15, 2007 to Kentucky School Boards Association Senior Attorney Teresa T. Combs.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (32K) | PDF (115K)

to Kentucky School Boards 
Association Senior Attorney Teresa T. Combs, regarding the Department's
current position on whether a local school district must or may file a
request for a due process hearing to attempt to force a child to return
to the district's special education program when the parent revokes
consent for the child's receipt of special education and related
services.
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August 15, 2007 to Massachusetts Bureau of Special Education Appeals Director Richard E. Connelly.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (32K) | PDF (115K)

to Massachusetts Bureau of 
Special Education Appeals Director Richard E. Connelly, clarifying the
obligation of a public agency to provide, at no cost, a copy of a
written, or at the option of the parent, an electronic, verbatim record
from a due process hearing, even though the applicable appeal period
has expired.
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September 11, 2007 to Puerto Rico Special Education Attorney Roberto Maldonado.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (32K) | PDF (115K)

clarifying that any party to a 
due process hearing has the right to either a free copy of a written,
or at the option of the parents, an electronic, verbatim record of the
hearing, not both.
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September 4, 2007 to Partnership for Children's Rights Attorney Michael D. Hampden.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (32K) | PDF (115K)

clarifying the applicability of the 
requirement regarding a child's status during the pendency of
administrative or judicial proceedings in a single tier or two-tier due
process system when no subsequent appeals are filed.
Topic Addressed: Protections for Children Not Yet Eligible for Special
Education and Related Services
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September 5, 2007 to individual (personally identifiable information redacted).
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
download files MS Word (32K) | PDF (115K)

clarifying whether an expulsion 
hearing may occur before the hearing officer determines whether the LEA
had knowledge that the child was a child with a disability.
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September 4, 2007 to Florida Early Steps Bureau Chief Janice M. Kane.
TOPIC ADDRESSED: Content of Plan
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities Section 636 - Individualized Family Service Plan
download files MS Word (32K) | PDF (115K)

clarifying the State's obligation to provide any services that meet the Part C definition of early intervention
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September 24, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Content of Plan
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities Section 636 - Individualized Family Service Plan
download files MS Word (32K) | PDF (115K)

clarifying that the IFSP Team, 
which includes the child's parents, makes an individualized
determination of whether a particular method of providing services is
needed for a child to achieve the outcomes in the child's IFSP.
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July 23, 2007 Rehabilitation Services Administration Information Memorandum RSA-IM-07-08.
TOPIC ADDRESSED: Transition
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
download files HTML

Rehabilitation Services Administration Information Memorandum
RSA-IM-07-08, regarding a comprehensive transition program that uses a 
variety of activities and innovative approaches to expose transition-
age youth with disabilities (ages 14 to 24) to careers in science,
technology, engineering, and math and other technology-based
professions.

CY2007 — SECOND QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from April 1, 2007 through June 30, 2007.
download files PDF (39K) | HTML

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June 14, 2007 to Louisiana Division of Educational Improvement and Assistance Director Dr. Susan A. Aysenne.
TOPIC ADDRESSED: Reallocation of Funds
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations
download files MS Word (17K) | PDF (777K)

confirming that the Louisiana Department of Education has the authority 
to reallocate funds that are not needed by one local educational agency
(LEA) to provide a free appropriate public education to children with
disabilities to a single LEA or multiple LEAs in the State.
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June 14, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (31K) | PDF (500K)

clarifying that the same 
requirements in Part B of IDEA governing personnel qualifications and
access to instructional materials that apply to special education and
related services provided pursuant to a student's individualized
education program (IEP) in a regular school program apply to special
education and related services provided pursuant to a student's IEP as
compensatory services.
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May 3, 2007 OSEP Memorandum 07-10.
TOPIC ADDRESSED: Methods of Ensuring Service
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (32K) | PDF (456K)

clarifying 
requirements for obtaining parental consent when a public agency seeks
access to a child's public benefits or public insurance to pay for
required special education and related services for Medicaid-eligible
children and explaining that the LEA does not have to obtain a separate
parental consent if parental consent is given directly to another
agency, such as a State's Medicaid Agency.

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April 24, 2007 OSEP Memorandum 07-09.
TOPIC ADDRESSED:Disproportionality
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (37K) | PDF (922K)

clarifying the requirements governing 
overidentification and disproportionality under section 612(a)(24) of
IDEA and the requirements governing significant disproportionality
under section 618(d) of IDEA.
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May 10, 2007 to U.S. Representative Doris O. Matsui.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (33K) | PDF (1.4M)

regarding how determinations are made about a child's 
eligibility for special education and related services under Part B of
IDEA, including whether factors such as family history of substance
abuse and other medical information can be considered as part of the
eligibility determination.

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April 12, 2007 to North Carolina Exceptional Children Division Director Mary D. Watson.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (39K) | PDF (215K)

clarifying that the 
requirements of Part B of IDEA for annual review of a child's IEP
remain fully applicable while administrative or judicial proceedings
regarding a complaint are pending.
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April 12, 2007 to Community Alliance for Special Education Service Coordinator Paul S. Foreman.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (39K) | PDF (215K)

regarding the child's 
status during the pendency of administrative or judicial proceedings
when a child who is no longer eligible for services under Part C of
IDEA seeks initial services under Part B of IDEA.
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May 7, 2007 to American Printing House for the Blind, Inc. President Dr. Tuck Tinsley.
TOPIC ADDRESSED: National Instructional Materials Access Center
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 674 - Technology Development, Demonstration, and Utilization; Media Services; and Instructional Materials
download files MS Word (10K) | PDF (174K)

explaining the Department's 
interpretation of section 674(e)(5) of the IDEA and clarifying the
extent to which that section provides any protection for the National
Instructional Materials Access Center from lawsuits contesting its
grant activities.

CY2007 — FIRST QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from January 2, 2007 through March 31, 2007.
download files PDF (39K) | HTML

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March 8, 2007 to American Speech-Language-Hearing Association Director Catherine D. Clarke.
TOPIC ADDRESSED: Child With a Disability
SECTION OF IDEA: Part A - General Provisions; Section 602 - Definitions
download files MS Word (17K) | PDF (777K)

regarding criteria for 
determining whether a speech or language impairment adversely affects a
child's educational performance, how public agencies may respond when
speech/language pathology sessions are missed due to the student's
absence or the provider's absence, and an explanation of the
requirements governing the continuum of alternative placements.
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January 23, 2007 to Volusia County, Florida Superintendent of Schools Margaret A. Smith.
TOPIC ADDRESSED: Methods of Ensuring Service
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (31K) | PDF (500K)

clarifying requirements for obtaining parental consent 
when a public agency seeks access to a child's public benefits or
public insurance to pay for required special education and related
services for Medicaid-eligible children.
    and

February 9, 2007 to Houston, Texas Independent School District Staff Member Carolyn Guess.
TOPIC ADDRESSED: Methods of Ensuring Service
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (32K) | PDF (456K)

clarifying requirements for obtaining parental consent 
when a public agency seeks access to a child's public benefits or
public insurance to pay for required special education and related
services for Medicaid-eligible children.

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March 8, 2007 to Indiana Department of Education Governmental Affairs Committee Chairman John D. Hill.
TOPIC ADDRESSED:Methods of Ensuring Service
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (37K) | PDF (922K)

clarifying 
requirements for obtaining parental consent when a public agency seeks
access to a child's public benefits or public insurance to pay for
required special education and related services for Medicaid-eligible
children and explaining that the local educational agency (LEA) does
not have to obtain a separate parental consent if parental consent is
given directly to another agency, such as a State's Medicaid Agency.
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March 9, 2007 to Massachusetts Department of Education State Director of Special Education Marsha Mittnacht.
TOPIC ADDRESSED: Children With Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (33K) | PDF (1.4M)

regarding parentally-placed children with disabilities who reside out-
of-State and attend private schools located in school districts in
Massachusetts.

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March 23, 2007 to Association of Educational Service Agencies Executive Director Brian L. Talbot.
TOPIC ADDRESSED: Children With Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (39K) | PDF (215K)

regarding the role of sending and receiving LEAs 
in completing child find activities and implementing equitable services
for children with disabilities enrolled by their parents in private
schools.
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March 23, 2007 to Association of Educational Services Agencies President Lee Warne.
TOPIC ADDRESSED: Children With Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (39K) | PDF (215K)

regarding the role of sending and receiving LEAs 
in completing child find activities and implementing equitable services
for children with disabilities enrolled by their parents in private
schools.
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March 16, 2007 to Recording for the Blind and Dyslexic President and CEO John Kelly.
TOPIC ADDRESSED: Access to Instructional Materials
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (10K) | PDF (174K)

regarding the benefits of giving 
all qualified accessible media producers anticipatory access to the
National Instructional Materials Accessibility Standard files sets
deposited at the National Instructional Materials Access Center.
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February 6, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Evaluations 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
download files MS Word (41K) | PDF (225K)

regarding the relationship of the 
requirements for review of existing evaluation data to the requirements
for reevaluation.
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March 1, 2007 to Harcourt Assessment Inc. Publisher Aurelio Prifitera.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (32K) | PDF (115K)

responding to Harcourt Assessment's 
overview of the requirements in the final regulations for Part B of
IDEA for evaluating children suspected of having specific learning
disabilities.
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March 6, 2007 to Wyoming Protection and Advocacy for Individual Rights Program Attorney Buck Gwyn.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (30K) | PDF (87K)

regarding State 
criteria for determining whether a child has a specific learning
disability.
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March 6, 2007 to Lehigh University Professor Perry A. Zirkel.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (9K) | PDF (523K)

 regarding new requirements in the final regulations 
for Part B of IDEA that govern whether States may use the severe
discrepancy model and clarifying the role of response to intervention
in determining whether a child has a specific learning disability.
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February 2, 2007 to Pennsylvania Department of Education Staff Member Gerald L. Zahorchak.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (24K) | PDF (114K)

regarding the child's 
status during the pendency of administrative or judicial proceedings
when a child who is no longer eligible for services under Part C of
IDEA seeks initial services under Part B of IDEA.
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March 8, 2007 to University of Utah Professor Dixie Snow Huefner.
TOPIC ADDRESSED: Discipline Procedures
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (32K) | PDF (732K)

egarding when a parent or an LEA may request an 
expedited due process hearing and the child's placement during an
appeal.
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February 9, 2007 to Washoe County, Nevada Assistant Superintendent Dr. Kris Christiansen.
TOPIC ADDRESSED: Discipline Procedures
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
download files MS Word (36K)| PDF (163K)

regarding whether a 
functional behavioral assessment (FBA) triggers the procedural
safeguards applicable to an evaluation or an independent educational
evaluation and whether parent consent is required prior to conducting
an FBA.
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March 6, 2007 to Texas Governor Rick Perry.
TOPIC ADDRESSED: State Allocation Formula
SECTION OF IDEA: Part C - Infants And Toddlers With Disabilities Section 643 - Allocation of Funds
download files MS Word (31K) | PDF (101K)

clarifying that allocations to each State under Part C of IDEA are made 
based on the ratio of the number of infants and toddlers in that State
to the number of infants and toddlers in all States and that the
calculations are based on the most recent data available from the
Census Bureau. The Department cannot make adjustments in the formula
allocations to States based on data provided by an individual State.
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February 7, 2007 to Chief State School Officers.
TOPIC ADDRESSED: Assessment and Accountability
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
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regarding the assessment and accountability requirements of Title I and 
extending flexibility for determining annual yearly progress for the
students with disabilities subgroup.
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March 16, 2007 to Dear Colleague.
TOPIC ADDRESSED: Transition to Postsecondary Education
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
download file HTML

regarding the legal rights and responsibilities of students 
with disabilities as they transition from secondary to postsecondary
education settings.

CY2006 — FOURTH QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from October 1, 2006 through December 31, 2006.
download files PDF (39K) | HTML

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November 20, 2006 to Washington, D.C. attorney Leigh Manasevit.
TOPIC ADDRESSED: Allotment
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations
download files MS Word | (22K) PDF (75K)

regarding the reallocation of high cost funds that 
were not expended before the last year of availability.
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December 22, 2006 to National Association of Public Health Systems Executive Director Mark Covall.
TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (27K) | PDF (81K)

regarding the 
obligation to ensure that a free appropriate public education is
available to children with disabilities who are placed by a non-
educational public agency in a public or private residential program
and clarifying that determining the specific school district or local
educational agency responsible for the cost of that residential
placement is a matter of State law, policy or practice.
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October 13, 2006 to Texas Education Agency General Counsel David A. Anderson.
TOPIC ADDRESSED: Confidentiality of Education Records ,  FERPA
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (27K) | PDF (81K)

 regarding confidentiality issues 
raised by IDEA and the Family Educational Rights and Privacy Act
related to the public dissemination of special education due process
hearing decisions.
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December 1, 2006 to U.S. Representative Christopher Smith.
TOPIC ADDRESSED: Children with Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (27K) | PDF (81K)

 regarding the applicability of equitable 
participation requirements to children with disabilities ages three
through five enrolled by their parents in private schools or
facilities.
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October 19, 2006 to National Association of School Psychologists Executive Director Susan Gorin.
TOPIC ADDRESSED: Evaluations 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
download files MS Word (32K) | PDF (115K)

regarding the role 
of school psychologists in administering assessments and the regulatory
changes in procedures for evaluating children suspected of having
learning disabilities
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October 19, 2006 to TASH Executive Director Barbara Trader.
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
download files MS Word (32K) | PDF (115K)

clarifying that the IDEA, while requiring the 
individualized education program team (IEP Team) to consider the use of
positive behavioral interventions and supports, does not include a
prohibition on the use of aversive behavioral interventions and that
the decision whether to allow IEP Teams to consider the use of such
interventions is a decision left to each State.
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November 3, 2006 to Iowa Bureau of Children, Family, and Community Services Chief Lana Michelson.
TOPIC ADDRESSED: Educational Placements
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
download files MS Word (32K) | PDF (115K

regarding the educational placement of students, includingstudents with disabilities, who are required to register as sex offenders under State law.

CY2006 — THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2006 through September 30, 2006.
download files PDF (39K) | HTML

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July 11, 2006 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Child With A Disability
SECTION OF IDEA: Part A - General Provisions; Section 602 - Definitions
download files MS Word (22K) | PDF (75K)

Letter dated July 11, 2006 to individuals (personally 
identifiable information redacted), regarding whether a State must use
the term ``mental retardation'' or any other terms contained in the
definition of ``child with a disability'' from Part B of IDEA when
describing children eligible for services under IDEA and State law.
Topic Addressed: Special Education and Related Services
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September 19, 2006 to U.S. Senator Judd Gregg.
TOPIC ADDRESSED: Special Education and Related Services
SECTION OF IDEA: Part A - General Provisions; Section 602 - Definitions
download files MS Word (27K) | PDF (81K)

regarding the maintenance and programming of surgically implanted 
medical devices, including cochlear implants.
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July 26, 2006 to Maryland State Department of Education Assistant Superintendent Carol Ann Baglin.
TOPIC ADDRESSED: Maintenance of Effort
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
download files MS Word (27K) | PDF (81K)

regarding the 
maintenance of effort requirements in Part B of IDEA that apply to
local educational agencies (LEAs) and a State educational agency's
responsibilities to ensure that its LEAs comply with these
requirements.
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September 5, 2006 to Chief State School Officers.
TOPIC ADDRESSED: Highly Qualified Teachers
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
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regarding efforts to ensure that all core academic subjects 
are taught by highly qualified and effective teachers and asking States
to restrict the use of High Objective Uniform State Standard of
Evaluation (HOUSSE) procedures to certain situations.
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Februrary 2, 2006 to Pennsylvania Department of Education Assistant Counsel Karen S. Feuchtenberger.
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
download files MS Word (32K) | PDF (115K)

regarding whether, under 
the Family Educational Rights and Privacy Act, a charter school may
disclose certain personally identifiable information from the education
records of a child with a disability, in the absence of parent consent,
to the child's school district of residence in order to obtain an
additional State subsidy for children with disabilities receiving
special education and related services at the charter school.

CY2006 — SECOND QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from April 1, 2006 through June 30, 2006.
HTML     PDF Format (39K)

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June 22, 2006 to Louisiana Department of Education State Superintendent Cecil J. Picard.
TOPIC ADDRESSED: Use of Funds
SECTION OF IDEA: Part B — Assistance for Education of All Children With Disabilities; Section 611 — Authorization; Allotment; Use of Funds; Authorization of Appropriations
PDF format (63K) MS Word format (22K)

     Letter dated June 22, 2006 to Louisiana Department of 
Education State Superintendent Cecil J. Picard, approving the State's
request to reallocate Part B funds for State-level activities to
purchase equipment and materials for a regional Assistive Technology
Center and clarifying that no prior approval from the Department is
required to fund a new staff position for the Center.
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June 6, 2006 to El Paso, Texas Attorney Luther Jones, Esq..
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B — Assistance for Education of All Children With Disabilities; Section 612 — State Eligibility
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regarding when amendments to individualized education programs (IEPs) become effective and when the provisions of a prior IEP or subsequent IEP govern.dotted line

May 16, 2006 to Massachusetts State Director of Special Education Marcia Mittnacht.
TOPIC ADDRESSED: Children with Disabilities Placed in Private Schools by Their Parents
SECTION OF IDEA: Part B — Assistance for Education of All Children With Disabilities; Section 612 — State Eligibility
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regarding the obligation of Massachusetts' school districts to provide and pay for special education and related services for parentally-placed private school children with disabilities who reside outside of Massachusetts and attend private elementary schools and secondary schools located in Massachusetts.dotted line

May 15, 2006 to Chief State School Officers.
TOPIC ADDRESSED: No Child Left Behind Act of 2001

    Letter dated May 15, 2006 to Chief State School Officers 
regarding how States can improve implementation of the public school
choice and supplemental educational services provisions of the No Child
Left Behind Act of 2001.


Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
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March 28, 2006 to Los Angeles County Office of Education Deputy General Counsel Monique C. Shay and Los Angeles Unified School District Assistant General Counsel Kelly Rozmus Barnes.
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
HTML format

Letter dated March 28, 2006 to Los Angeles County Office of Education Deputy General Counsel Monique C. Shay and Los Angeles Unified School District Assistant General Counsel Kelly Rozmus Barnes, from Family Policy Compliance Office Director LeRoy S. Rooker, regarding how the Family Educational Rights and Privacy Act applies to the release of education records without parental consent to comply with a court order.

CY2006 — First QUARTER Federal Register Notice:

cannot find this info yet

SPECIAL EDUCATION & REHABILITATIVE SERVICES
Fourth Quarter 2005 OSEP Policy Documents on the Education of Infants, Toddlers, Children, and Youth with Disabilities

CY2005 -- Fourth QUARTER Federal Register Notice:

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from October 1, 2005 through December 31,
2005. Included on the list are those letters that contain
interpretations of the requirements of IDEA and its implementing
regulations, as well as letters and other documents that the Department
believes will assist the public in understanding the requirements of
the law and its regulations. The date of and topic addressed by a
letter are identified, and summary information is also provided, as
appropriate. To protect the privacy interests of the individual or
individuals involved, personally identifiable information has been
deleted, as appropriate.

Part B--Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Individualized Education Programs
Letter dated October 25, 2005 to Mississippi State
Department of Education Bureau Director Melody Bounds, regarding
challenges faced by Mississippi in providing special education and
related services to students with disabilities displaced by Hurricane
Katrina, application of the requirements in Part B of the IDEA relating
to individualized education programs (IEPs) for transfer students, and
issues relating to waiver of other applicable requirements in Part B of
IDEA; and informing Mississippi of a specific extension of the timeline
for submission of its State performance plan (SPP) granted pursuant to
the Secretary's transition authority in section 303 of the Individuals
with Disabilities Education Improvement Act of 2004.
PDF (120K) | Word (27K)
[[Page 14690]]

Letter dated October 25, 2005 to Louisiana State
Department of Education Assistant Superintendent Dr. Robin Jarvis,
regarding challenges faced by Louisiana in providing special education
and related services to students with disabilities displaced by
Hurricane Katrina, the flexibility that Louisiana has to establish
State timelines for evaluating these students, and application of the
requirements in Part B of IDEA relating to IEPs for transfer students;
and informing Louisiana of specific extensions of the timelines for
submission of documentation relating to its Federal Fiscal Year 2003
Annual Performance Report under Part B of IDEA and its SPP granted
under the Secretary's transition authority in section 303 of the
Individuals with Disabilities Education Improvement Act of 2004.
Topic Addressed: Confidentiality of Education Records
PDF (134K) | Word (28K)

Letter dated October 12, 2005 to Iowa Department of
Education Program Consultant-Medicaid Dann Stevens from Family Policy
Compliance Office Director LeRoy S. Rooker, regarding the disclosure of
education records to the Medicaid agency for reimbursement purposes and
clarifying that prior written consent is required under the Family
Educational Rights and Privacy Act (FERPA) and Part B of IDEA in order
for an educational agency or institution to disclose personally
identifiable information about students with disabilities to a State
Medicaid agency.
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Letter dated September 13, 2005 to Carroll Independent
School District (Grapevine, Texas) Superintendent Gary S. Mathews, from
Family Policy Compliance Office Director LeRoy S. Rooker, regarding
provisions in Part B of IDEA that apply to the destruction of records
and clarifying when test protocols are considered education records.
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Part C--Infants and Toddlers With Disabilities

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Programs
Letters dated November 4, 2005 to Florida State Department
of Health Bureau Chief for Early Interventions Janice Kane, Louisiana
Office of Public Health Children's Special Health Services Program
Manager Linda Pippins, and Mississippi Department of Health First Steps
Early Intervention Program Coordinator Danita Munday, regarding
challenges faced by these States in meeting the early intervention
needs of infants and toddlers with disabilities and their families in
the wake of Hurricane Katrina, clarifying the parent consent, interim
individualized family service plan, residency, natural environments,
and personnel standards requirements under Part C of IDEA; and
informing these States of a specific extension of the timeline for
submission of the SPP granted pursuant to the Secretary's transition
authority in section 303 of the Individuals with Disabilities Education
Improvement Act of 2004.

PDF (174K) | Word (30K)

November 4, 2005 to Louisiana Office of Public Health Children's Special Health Services Program Manager Linda Pippins.
TOPIC ADDRESSED: Early Intervention Programs
SECTION OF IDEA: Part C — Infants and Toddlers with Disabilities; Section 615 — Procedural Safeguards
download files PDF (166K) | Word (27K)

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November 4, 2005 to Mississippi Department of Health First Steps Early Intervention Program Coordinator Danita Munday.
TOPIC ADDRESSED: Early Intervention Programs
SECTION OF IDEA: Part C — Infants and Toddlers with Disabilities; Section 615 — Procedural Safeguards
download files PDF (132K) | Word (25K)

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Title III--Miscellaneous Provisions

Section 303--Secretary's Transition Authority

Topic Addressed: Smooth Transition to the Implementation of the 2004
Amendments To the Idea
Letter dated October 25, 2005 to Texas Education Agency
Idea Coordinator Kathy Clayton, regarding requests for waivers of
certain IDEA requirements and extensions of required timelines for
submission of the SPP in the wake of Hurricane Katrina.
PDF (95K) Word (24K)

Other Letters That Do Not Interpret the Idea But May Be of Interest to
Readers

Topic Addressed: No Child Left Behind Act of 2001
Letter dated October 21, 2005 to Chief State School
Officers, regarding the highly qualified teacher (HQT) provisions of
the No Child Left Behind Act of 2001 (NCLB) and the elements the
Department will use in determining if a State is implementing the law
and making a good faith effort to reach the HQT goal.
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Letter dated December 14, 2005 to Chief State School
Officers, permitting States to develop assessments under NCLB based on
modified achievement standards that are aligned with grade-level
content standards for a second year in order to determine adequate
yearly progress for students with disabilities under Title I of the
Elementary and Secondary Education Act of 1965, as Amended.
Topic Addressed: Protection of Education Records
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Letter dated October 7, 2005 to Virginia Attorney B. Alan
McGraw, Esq., from Family Policy Compliance Office Director LeRoy S.
Rooker, clarifying that FERPA would not permit unauthorized individuals
to access a student records management system.
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SPECIAL EDUCATION & REHABILITATIVE SERVICES
Third Quarter 2005 OSEP Policy Documents on the Education of Infants, Toddlers, Children, and Youth with Disabilities

CY2005 -- THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2005 through September 30, 2005.
HTML . PDF (39K)

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July 25, 2005 to Dear Colleague.
TOPIC ADDRESSED: State Administration
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations.

    [cir] Dear Colleague letter dated July 25, 2005, advising States 
that the Department is invoking its transition authority under section
303 of IDEA, which terminates on December 3, 2005, to give States more
time to ensure that their interagency agreements are current before the
new restriction added to section 611(e)(1) of IDEA on use of Part B
funds for State administration takes effect.

download files PDF (109K) | Word (25K)

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September 21, 2005 to Texas Commissioner of Education Shirley Neeley.
TOPIC ADDRESSED: Evaluation
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility.

    [cir] Letter dated September 21, 2005 to Texas Commissioner of 
Education Shirley Neeley, regarding steps that the Department has taken
to address educational challenges for displaced students resulting from
Hurricane Katrina and advising the Texas Education Agency on how to
ensure timely completion of evaluations of children suspected of having
a disability in districts enrolling a significant number of displaced
students.

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August 9, 2005 to Virgin Islands Educational Consultant Eleanor Hirsh
TOPIC ADDRESSED: Evaluation
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

    [cir] Letter dated August 9, 2005 to Virgin Islands Educational 
Consultant Eleanor Hirsh, providing an explanation regarding new
requirements relating to (1) pre-referral activities and timeliness of
referrals for initial evaluation to determine eligibility for special
education and related services; (2) use of evaluations conducted under
Part C of IDEA to determine eligibility under Part B of IDEA; and (3)
placement options for preschool-aged children with disabilities.

download files PDF (183K) | Word (35K)

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September 21, 2005 to Louisiana Superintendent of Education Cecil J. Picard.
TOPIC ADDRESSED: Maintenance of State Financial Support
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

    [cir] Letter dated September 21, 2005 to Louisiana Superintendent 
of Education Cecil J. Picard, regarding the steps the Department is
taking to assist the State and school districts in educating displaced
students as a result of Hurricane Katrina and informing the State the
Department will waive the State-level maintenance of effort requirement
as permitted under section 612(a)(18)(C) of IDEA.

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September 26, 2005 to Hawaii Department of Education Special Education Director Dr. Paul Ban.
TOPIC ADDRESSED: Charter Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 613 - Local Educaitonal Agency Eligibility

    [cir] Letter dated September 13, 2005 to Hawaii Department of 
Education Special Education Director Dr. Paul Ban, regarding the
requirements of Part B of IDEA that are applicable to public charter
schools under Hawaii's unitary school system.

download files PDF (243K) | Word (46K)

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July 28, 2005 to Charlotte-Mecklenburg, North Carolina Commissioner Bill James.
TOPIC ADDRESSED: Student Discipline
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 615 - Procedural Safeguards

    [cir] Letter dated July 28, 2005 to Charlotte-Mecklenburg, North 
Carolina Commissioner Bill James, regarding requirements applicable to
disciplining students with disabilities.

download files PDF (280K) | Word (33K

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SPECIAL EDUCATION & REHABILITATIVE SERVICES
Second Quarter 2005 OSEP Policy Documents on the Education of Infants, Toddlers, Children, and Youth with Disabilities

CY2005 -- SECOND QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from April 1, 2005 through June 30, 2005.
HTML
PDF Format (39K)

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June 20, 2005 to New York State Education Department Deputy Commissioner Dr. Rebecca Cort.
TOPIC ADDRESSED: Allocation of Funds
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations; Section 619 - Preschool Grants

     Letter dated June 20, 2005 to New York State Education 
Department Deputy Commissioner Dr. Rebecca Cort, clarifying that the
New York State Education Department may not require its local
educational agencies (LEAs) to pass through Part B funds to private
providers or counties in the form of a suballocation required under New
York law, but that at an LEA's discretion, disbursements may be made to
cover the cost of providing special education and related services to
individual students with disabilities.

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MS Word format (22K)

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May 5, 2005 to Guam Associate Superintendent of Education Vincent T. Leon Guerrero.
TOPIC ADDRESSED: Use of Funds
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations

     Letter dated May 5, 2005 to Guam Associate Superintendent 
of Education Vincent T. Leon Guerrero, clarifying that Part B funds may
be used to purchase mini buses equipped with wheelchair lifts operated
solely to provide transportation services for eligible students with
disabilities.

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MS Word format (23K)

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April 5, 2005 to Louisiana Department of Education Superintendent of Education Cecil J. Picard.
TOPIC ADDRESSED: Use of Funds
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations

     Letter dated April 5, 2005 to Louisiana Department of 
Education Superintendent of Education Cecil J. Picard, approving the
State's request to use Part B funds to purchase computer equipment and
software to improve educational services for students with disabilities
in the State's residential programs.

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MS Word format (31K)

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June 27, 2005 OSEP Memorandum 05-09
TOPIC ADDRESSED: Children With Disabilities Placed in Private Schools by Their Parents
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

     Office of Special Education Programs Memorandum 05-09 
dated June 27, 2005 to Chief State School Officers, regarding
significant statutory changes made by IDEA 2004 governing the
obligations of LEAs to parentally-placed private school children with
disabilities attending private schools in the LEA's area of
jurisdiction and announcing that for the 2005-06 school year only, the
Secretary will allow States and LEAs to use the best available data in
calculating the proportionate amount of Federal funds to be expended on
services for parentally-placed private school children with
disabilities, in lieu of conducting new child counts.

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MS Word format (27K)

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June 22, 2005 to New Mexico Public Education Department Director of Special Education Denise Koscielniak.
TOPIC ADDRESSED: Participation of Children With Disabilities in State and District-Wide Assessments
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

     Letter dated June 22, 2005 to New Mexico Public Education 
Department Director of Special Education Denise Koscielniak, clarifying
that IDEA requirements governing the participation of children with
disabilities in State and districtwide assessments are applicable to
New Mexico's kindergarten screening program.

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MS Word format (27K)

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June 3, 2005 to Arizona Attorney Mary Ellen Simonson.
TOPIC ADDRESSED: Charter Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 613 - Local Educational Agency Eligibility

     Letter dated June 3, 2005 to Arizona Attorney Mary Ellen 
Simonson, regarding the Department's audit determination that for-
profit charter schools are not eligible to receive funds under IDEA or
Title I Part A of the Elementary and Secondary Education Act.

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MS Word format (33K)

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June 7, 2005 to Washington Infant and Toddler Early Intervention Program Director Sandy L. Morris.
TOPIC ADDRESSED: Natural Environments
SECTION OF IDEA: Part C - Infants and Toddlers With Disabilities; Section 636 - Individualized Family Service Plan

    Letter dated June 7, 2005 to Washington Infant and Toddler 
Early Intervention Program Director Sandy L. Morris, regarding the
natural environments requirements in Part C of IDEA, and clarifying
that IDEA 2004 continues the Department's longstanding interpretation
that early intervention services must be provided in a natural
environment, unless a written justification exists for providing these
services in other settings.

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MS Word format (27K)


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SPECIAL EDUCATION & REHABILITATIVE SERVICES
First Quarter 2005 OSEP Policy Documents on the Education of Infants, Toddlers, Children, and Youth with Disabilities

CY2005 — FIRST QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from January 2, 2005 through March 31, 2005.
download icon PDF (39K) | HTML

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March 9, 2005 OSEP Memorandum 05-07.
TOPIC ADDRESSED: Distribution of Funds

    [cir] Office of Special Education Programs memorandum 05-07 dated 
March 9, 2005, regarding implementation of the funding formula under
the IDEA, specifically the year of age cohorts for which a free
appropriate public education (FAPE) is ensured.

SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations
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March 17, 2005 OSEP Memorandum 05-08.
TOPIC ADDRESSED: Free Appropriate Public Education

Office of Special Education Programs memorandum 05-08 dated 
March 17, 2005, regarding the responsibilities under Part B of IDEA of
State and local educational agencies and other public agencies in
providing for the education of children with disabilities placed in or
referred to private residential programs.


SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
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March 2, 2005 to Austin Independent School District Superintendent Dr. Pascal D. Forgione, Jr.
TOPIC ADDRESSED: Confidentiality of Education Records

Letter dated March 3, 2005 to Austin Independent School 
District Superintendent Dr. Pascal D. Forgione, Jr. from Family Policy
Compliance Office Director LeRoy S. Rooker, regarding provisions of the
Family Educational Rights and Privacy Act relating to the designation
of directory information and clarifying when parent consent is required
for the disclosure to third parties of directory information on
students with disabilities receiving services under IDEA.

SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
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February 17, 2005 to Maine Department of Education Office of Special Services Director David Noble Stockford.
TOPIC ADDRESSED:Children in Private Schools

Letter dated February 17, 2005 to Maine Department of 
Education Office of Special Services Director David Noble Stockford,
regarding the responsibility of Maine and its public agencies to ensure
that FAPE is made available to students with disabilities who attend
private schools because they reside in school districts that do not
operate public high schools, and clarifying that IDEA gives Maine and
its public agencies no authority to regulate private schools.

SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
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February 28, 2005 to Massachusetts Advocate Kristen Serwecki.
TOPIC ADDRESSED: Individualized Education Programs

Letter dated February 28, 2005 to Massachusetts Advocate 
Kristen Serwecki, regarding the role of a parent who is the subject of
a protective order in the individualized education program (IEP)
process, including whether a parent representative can attend an IEP
meeting as a member of the IEP team in this circumstance.


SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, And Educational Placements
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March 18, 2005 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Manifestation Determination Review

Letter dated March 18, 2005 to individual (personally 
identifiable information redacted), regarding the requirements of Part
B of IDEA for conducting a manifestation determination review for
children with disabilities in disciplinary situations.

SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 615 - Procedural Safeguards
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January 28, 2005 Memorandum to Chief State School Officers.
TOPIC ADDRESSED: Extension of Liquidation Periods for Grantees under State Administered Programs

Memorandum dated January 28, 2005 to Chief State School 
Officers, regarding guidance on general standards for evaluating
requests to the Department for extensions of the 90-day liquidation
period for obligating Federal funds and a process for handling these
requests.

SECTION OF IDEA: Other Letters that Do Not Interpret the IDEA But May Be of Interest to Readers
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CY2004 -- Fourth QUARTER Federal Register Notice:

[Federal Register: March 16, 2005 (Volume 70, Number 50)]
[Notices]
[Page 12857-12858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr05-49]
Download: download files
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of Correspondence from October 1, 2004 through December
31, 2004.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act, as
amended (IDEA). Under section 607(d) of the IDEA, the Secretary is
required, on a quarterly basis, to publish in the Federal Register a
list of correspondence from the Department of Education received by
individuals during the previous quarter that describes the
interpretations of the Department of Education (Department) of the IDEA
or the regulations that implement the IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 245-7459 (press 3).
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to the contact persons listed under FOR
FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from October 1, 2004 through December 31,
2004.
Included on the list are those letters that contain interpretations
of the requirements of the IDEA and its implementing regulations, as
well as letters and other documents that the Department believes will
assist the public in understanding the requirements of the law and its
regulations. The date of and topic addressed by a letter are
identified, and summary information is also provided, as appropriate.
To protect the privacy interests of the individual or individuals
involved, personally identifiable information has been deleted, as
appropriate. Pursuant to the effective dates set forth in section 302
of the Individuals with Disabilities Education Improvement Act of 2004
(the Act), which amended and reauthorized the IDEA, the changes in IDEA
that were made by the Act, with certain enumerated exceptions, will
take effect on July 1, 2005. Accordingly, statutory citations in this
list, as well as those contained in the letters referenced in this
list, refer to the provisions of the IDEA that were in effect at the
time the letters were issued.

Part A, General Provision

Section 605--Acquisition of Equipment; Construction or Alteration of
Facilities

Topic Addressed: Construction or alteration of facilities.
[cir] Letter dated October 25, 2004 to Commonwealth of the Northern
Mariana Islands Commissioner of Education Rita Hocog Inos, regarding
the general principles for determining whether expenditures for
construction of new facilities or alteration of existing facilities are
allowable under the IDEA.
PDF (159K) | MS Word (39K)


Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Use of funds.
[cir] Letter dated November 10, 2004 to New Hampshire Disabilities
Rights Center Executive Director Richard A. Cohen, regarding the use of
grants to local educational agencies (LEAs) for capacity building and
improvement and funds retained by the State for State level activities
to pay for expenses related to statewide assessments for grades three,
six, and ten.
PDF (115K) | MS Word (36K)


Topic Addressed: Part B Grant Awards.
[cir] OSEP memorandum 05-01 dated October 1, 2004 to Chief State
School Officers and State Directors of Special Education, transmitting
additional Part B Grant Awards under Section 611 of IDEA that became
available on October 1, 2004 and clarifying that any special conditions
that applied to Part B funds that became available on July 1, 2004 also
apply to these additional funds.
PDF (261K) | MS Word (40K)


Section 612--State Eligibility

Topic Addressed: Free appropriate public education.
[cir] Letter dated November 3, 2004 to Advocate Louis H. Geigerman,
regarding the provision of physical therapy and occupational therapy as
a related service for students with disabilities under Part B of IDEA.
Topic Addressed: Local educational agency compliance.
PDF (109K) | MS Word (34K)

[cir] Letter dated October 28, 2004 to Interim Illinois State
Superintendent of Education Randy J. Dunn, regarding (1) procedures
that a State educational agency (SEA) must follow in withholding funds
under Part B of IDEA from an LEA or State agency that is not in
compliance with a requirement of Part B of IDEA, including the right of
the affected LEA or State agency to a hearing before the SEA terminates
funds, and (2) how an SEA can satisfy its obligation to provide direct
services to students with disabilities under Part B of IDEA.
PDF (236K) | MS Word (39K)

Topic Addressed: State educational agency general supervisory
authority.
[cir] Letter dated December 20, 2004 to New Jersey Commissioner of
Education William L. Librera, reiterating the Department's position
that the New Jersey Department of Education must afford parents of
children with disabilities living in New Jersey and attending school in
New York under a contract between New Jersey and New York school
districts access to New Jersey's due process procedures and clarifying
applicable procedures if parents request changes to educational
programs for children with disabilities who live in New Jersey and
attend school in New York.
PDF (208K) | MS Word (38K)

[[Page 12858]]

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Individualized education programs.
[cir] Letter dated December 15, 2004 to Utah State Director of
Special Education Karl A. Wilson, responding to the State's
interpretation of Utah State Office of Education Special Education Rule
III.I.10, regarding documentation of accommodations necessary for
students to have access to regular education, and clarifying that those
accommodations must be included in the individualized education
programs of students with disabilities who are eligible for services
under Part B of IDEA.
PDF (90K) | MS Word (30K)

Topic Addressed: Educational placements.
[cir] Letter dated November 3, 2004 to Ohio Attorney Helen S.
Carroll, regarding grade level assignments for students with
disabilities and clarifying that Part B of IDEA does not address
whether a child has a right to experience each grade level in sequence.
PDF (111K) | MS Word (32K)

Other Letters That Do Not Interpret the IDEA But May Be of Interest to
Readers

Topic Addressed: Confidentiality.
[cir] Letter dated November 18, 2004 to Tennessee Department of
Education Policy Analyst Matthew J. Pepper from Family Policy
Compliance Office Director LeRoy S. Rooker, regarding the applicability
of the Family Educational Rights and Privacy Act (FERPA) to the release of
student level records to researchers and clarifying that education
records, with the removal of all personally identifiable information,
may be released without prior consent.
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Dated: March 11, 2005.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 05-5157 Filed 3-15-05; 8:45 am]

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CY2004 -- THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2004 through September 30, 2004.
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August 17, 2004 to Washington Office of Public Instruction Director of Agency Financial Services Renée Lewis.
TOPIC ADDRESSED: Use of Funds
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations

regarding the treatment of program income, generated from registration 
fees charged to participants at professional development conferences

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July 22, 2004 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Use of Funds
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations

regarding whether a local 
educational agency (LEA) can use funds under Part B of IDEA to pay the
salary of a reading specialist, who may or may not meet the State
qualification standards for employment, to provide direct instruction
to students with disabilities.

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September 13, 2004 to Ohio Department of Education Associate Director of Federal and State Grants Management Jeffrey M. Jordan.
TOPIC ADDRESSED: Subgrants to Local Educational Agencies
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations

responding to a specific request for guidance, 
pursuant to 34 CFR 81.33 of the Education Department General
Administrative Regulations, for clarification on how a State
educational agency (SEA) satisfies the requirement under Part B of IDEA
relating to the portion of its grant that must flow through to its
LEAs.

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July 13, 2004 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Procedural Safeguards
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

clarifying that Part B of IDEA does 
not provide for the Office of Special Education Programs' review of
individual State-level complaint decisions or due process hearings, and
that depending on State law, a complainant may be able to appeal a
State complaint decision to an appropriate State court.

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August 13, 2004 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

regarding the applicability and scope 
of hearing procedures under the Family Educational Rights and Privacy
Act (FERPA) and Part B of IDEA for parents seeking to challenge the
content of the education records of a student with a disability and
clarifying that a public agency may not bypass a parent's right to a
hearing under FERPA by requiring the parent to request an impartial due
process hearing under Part B of IDEA.

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August 24, 2004 to Washington, D.C. Attorney Leigh M. Manasevit.
TOPIC ADDRESSED: Schoolwide Programs
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 613 - Local Agency Eligibility

regarding the use of funds awarded under Part B of 
IDEA for a schoolwide program under Title I of the Elementary and
Secondary Education Act of 1965, as amended, and clarifying the
requirements that apply if Part B of IDEA funds are not consolidated
with other funds in a schoolwide plan.

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July 14, 2004 to Santa Monica, California Attorney Howard J. Fulfrost.
TOPIC ADDRESSED: Evaluations 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

regarding a parent's refusal to consent to 
the initial provision of special education and related services,
including the relationship of the requirements of Part B of IDEA to
California law, and clarifying (1) how a school district can meet its
obligation to make a free appropriate public education (FAPE) available
and protect itself against possible future claims of a denial of FAPE;
and (2) that a student with a disability whose parent has refused
consent is not provided the discipline protections under Part B of IDEA
and may be disciplined in the same manner as nondisabled students.

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July 19, 2004 to Washington, D.C. Attorney Leigh M. Manasevit.
TOPIC ADDRESSED: Evaluations 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

regarding a parent's refusal to consent to the 
initial provision of special education and related services and
clarifying (1) how a school district can meet its obligation to make
FAPE available and protect itself against possible future claims of a
denial of FAPE; and (2) that a student with a disability whose parent
has refused consent does not have the right under Part B of IDEA to
compensatory services, is not provided the discipline protections under
Part B of IDEA, and may be disciplined in the same manner as
nondisabled students.

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August 12, 2004 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Appeals
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 615 - Procedural Safeguards

 regarding the appeal rights that 
Part B of IDEA affords to any party aggrieved by the findings and
decisions of a hearing in a one-tier system, and clarifying that
certain provisions in the Florida statute and regulations giving an
aggrieved party the right to appeal to a specific State court are
inconsistent with section 615(i)(1) and (2) of IDEA because that State
court does not have authority to hear additional evidence at the request of a
party.

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July 22, 2004 to California Assembly Legislative Director David Heckler.
TOPIC ADDRESSED: Appeals
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 615 - Procedural Safeguards

regarding proposed legislation that 
would impose conditions other than those contained in Part B of IDEA
that would limit the ability of a court or a hearing officer to fashion
appropriate relief, including awarding full reimbursement for a
nonpublic placement where FAPE is not made available to a child with a
disability in a timely manner.

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July 12, 2004 to California Department of Developmental Services Part C Coordinator Rick Ingraham.
TOPIC ADDRESSED: Child Find
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities; Section 635 - Requirements for Statewide System

clarifying 
that Part C does not set forth any specific percentage of children that
each State must serve in its Part C program, but that States that
establish numerical goals must ensure that only eligible children are
identified and that eligible children and families are not denied
services under Part C of IDEA.

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August 30, 2004 to U.S. Congressman Maurice Hinchey and other members of Congress.
TOPIC ADDRESSED: Captioning
SECTION OF IDEA: Part D - National Activities to Improve Education of Children With Disabilities; Subpart 2 - Coordinated Research, Personnel Preparation, Technical Assistance, Support, and Dissemination of Inion; Section 687 - Technology Development, Demonstration, and Utilization; and Media Services

regarding the Department's decision to use IDEA 
funds to support captioning and video description only for programming
that clearly fits within the ``educational, informational, and news''
categories.

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CY2004 — SECOND QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from April 1, 2004 through June 30, 2004.
          download icon PDF (39K) | HTML

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April 28, 2004 to Massachusetts Department of Education State Director of Special Education Marcia Mittnacht.
TOPIC ADDRESSED: Allocation of Grants
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations

clarifying that under Part B of the IDEA, States are required to 
collect child count data on the number of children with disabilities
receiving special education and related services on December 1 or, at
the State's discretion, the last Friday in October of that school year
and that this requirement cannot be waived, so the State could not
collect that data on October 1.

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June 1, 2004 to Minnesota Department of Education Deputy Commissioner Chas Anderson.
TOPIC ADDRESSED: State Eligibility
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

although a State educational agency (SEA) may not 
establish specific State priorities and require all public agencies
within the State to spend a portion of their flow-through funds in
accordance with those priorities, the SEA must ensure that public
agencies comply with the Part B requirements related to qualified
personnel, transition, and the provision of a free appropriate public
education, and the SEA must exercise its general supervisory
responsibility to ensure compliance with all Part B requirements.

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May 26, 2004 to New Jersey Department of Education Commissioner William J. Librera.
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

 clarifying that the SEA is 
ultimately responsible for ensuring that all Part B requirements,
including eligibility, evaluation, and procedural safeguards, are met
for eligible children residing within the State, including those
children served by a public agency other than a local educational
agency.

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May 27, 2004 to California Bureau of State Audits Deputy State Auditor Sylvia Hensley.
TOPIC ADDRESSED: Maintenance of Effort
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

regarding the use of single 
audits under the Single Audit Act Amendments of 1996 to review a
State's compliance with the State-level maintenance of effort and non-
supplanting requirements of Part B of the IDEA.

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May 26, 2004 to Education Law Center Staff Attorney Shari A. Mamas.
TOPIC ADDRESSED: Educational Placements
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, And Educational Placements

, clarifying that neither the statute nor the 
regulations implementing the IDEA provide a general entitlement for
parents of children with disabilities, or their professional
representatives, to observe their children in any current or proposed
educational placement and that the determination of who has access to
classrooms may be addressed by State and/or local policy.

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April 28, 2004 to Illinois Department of Human Services Bureau of Early Intervention Chief Janet D. Gully.
TOPIC ADDRESSED: Early Intervention Services
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities; Section 632 - Definitions

explaining regulations and other issues that should be taken into consideration when determining whether services provided after medical or surgical procedures are early intervention services that should be provided under Part C.

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First Quarter 2004


SUPPLEMENTARY INFORMATION: The following list identifies correspondence from the Department issued from January 2, 2004, through March 31, 2004.

Included on the list are those letters that contain interpretations of the requirements of the IDEA and its implementing regulations, as well as letters and other documents that the Department believes will assist the public in understanding the requirements of the law and its regulations. The date and topic addressed by a letter are identified, and summary information is also provided, as appropriate. To protect the privacy interests of the individual or individuals involved, personally identifiable information has been deleted, as appropriate.

Part A--General Provisions
Section 602--Definitions
Topic Addressed: Child With a Disability
[cir] Letter dated February 2, 2004, to individual (personally identifiable information redacted), clarifying that if a child is evaluated as having one of the disabilities specified in the definition of child with a disability in 34 CFR 300.7(a)(1), and, by reason of that disability, needs special education and related services, a public agency may not deny the provision of a free appropriate public education (FAPE) to the child because the child is advancing from grade
to grade.

Section 605--Acquisition of Equipment; Construction or Alteration of Facilities
Topic Addressed: Construction of Facilities
[cir] Letter dated March 26, 2004, to Mississippi Water Valley School District Program Developer Butch Stevens listing the general principles for determining whether expenditures for construction of facilities are allowable under the IDEA.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of Appropriations
Topic Addressed: Distribution of Funds
[cir] OSEP memorandum 04-07 dated March 1, 2004, regarding implementation of the funding formula under the IDEA, specifically the year of age cohorts for which FAPE is ensured.
Topic Addressed: Distribution of Funds Provided to the Secretary of the Interior
[cir] Letter dated January 20, 2004, to Bureau of Indian Affairs Special Education Director Keith Neves, clarifying that in order to comply with the requirements of section 611(i) of IDEA, the Bureau of Indian Affairs (BIA) must be able to demonstrate that for each Federal fiscal year as specified in its grant award letter, 80 percent of its section 611(c) funds are used to provide special education and related services to children with disabilities ages 5 through 21 enrolled in BIA operated or funded schools and 20 percent of its section 611(c) funds are distributed to the tribes or tribal organizations for the coordination of services for children with disabilities ages 3 through 5.

Section 612--State Eligibility
Topic Addressed: Free Appropriate Public Education
[cir] Letter dated January 28, 2004, to individual (personally identifiable information redacted), clarifying that the IDEA does not require that private schools provide special education and related services that meet the needs of all students with disabilities, and it does not require that States certify all private schools to provide services to all students.

Topic Addressed: Confidentiality of Education Records
[cir] Letter dated February 25, 2004, to Alabama Department of Education State School Nurse Consultant Martha Holloway from Family Policy Compliance Office Director LeRoy S. Rooker, explaining, in response to an inquiry regarding immunization records of students, that the Health Insurance Portability and Accountability Act of 1996 did not apply because the records were education records subject to the Family Educational Rights and Privacy Act (FERPA), and explaining limitations to the ``health and safety emergency'' exception under FERPA.
[cir] Letters dated February 25, 2004, to Pennsylvania Department of Education Assistant Counsel Amy C. Foerster and February 18, 2004, to California Department of Education Special Education Consultant Dr. Allan M. Lloyd-Jones from Family Policy Compliance Office Director LeRoy S. Rooker, clarifying the requirements under FERPA and the IDEA regarding the release of education records in connection with studies conducted by other agencies or organizations pertaining to autism and other developmental disabilities.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluations
[cir] Letter dated February 20, 2004 to California Department of Education Assistant Superintendent Alice D. Parker, regarding the rights of parents in the selection of an evaluator to perform an independent educational evaluation.

Part C--Infants and Toddlers With Disabilities

Section 635--Requirements for Statewide System

Topic Addressed: Child Find
[cir] Letter dated February 12, 2004, to individual (personally identifiable information redacted), regarding the State lead agency's child find responsibilities under Part C of IDEA and whether a hospital can disclose information regarding an infant or toddler to a State's lead agency.

Section 636--Individualized Family Service Plan

Topic Addressed: Transition
[cir] Letter dated February 11, 2004, to Texas Interagency Council on Early Childhood Intervention Executive Director Mary Elder, regarding whether parental consent is required to disclose referral information from a lead agency under Part C of IDEA to the State education agency or local education agency about children who will shortly turn three and transition from receiving early intervention services under Part C to potentially receiving special education and
related services under Part B.

Part D--National Activities To Improve Education of Children With Disabilities

Subpart 2--Coordinated Research, Personnel Preparation, Technical Assistance, Support, and Dissemination of Information

Section 687--Technology Development, Demonstration, and Utilization; and Media Services

Topic Addressed: Captioning
Letter dated January 14, 2004, to individual (personally identifiable information redacted), regarding the types of programming that could be captioned using IDEA funds.

Other Letters That Do Not Interpret the Idea But May Be of Interest to Readers

Topic Addressed: Accountability
Letter to Chief State School Officers dated March 2, 2004, providing guidance under the No Child Left Behind Act of 2001 (NCLB) regarding how States might seek an exception to the requirements regarding the number of proficient scores of students with the most significant cognitive disabilities who take alternate assessments based on alternate achievement standards that may be included in annual yearly progress decisions.

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Fourth Quarter 2003

Section 611--Authorization; Allotment; use of Funds; Authorization of 
Appropriations
Topic Addressed: Use of Funds.
Letter dated November 18, 2003 to Florida
Department of Education Director of Special Education Shan Goff,
clarifying that under Part B of the IDEA, the court, in its discretion,
may award reasonable attorneys' fees to the parents of a child with a
disability who is a prevailing party in a due process hearing, but the
IDEA does not provide a reciprocal right for a local educational agency
(LEA) or State educational agency (SEA) (although it may be permissible
for an LEA or SEA to recover fees under other applicable federal or
State laws).
Section 612--State Eligibility
Topic Addressed: Condition of Assistance.
Letter dated December 24, 2003 to Attorney Leigh
M. Manasevit, regarding the requirement that North Carolina revise its
State Plan because a public agency may not use the due process
procedures to override a parent's refusal to consent to the initial
provision of special education and related services.

Topic Addressed: Procedural Safeguards.
Letter dated December 10, 2003 to individuals
(personally identifiable information redacted), regarding options
available to parents to resolve disputes relating to the requirements
of Part B of the IDEA and clarifying that the Part B regulations do not
include a provision for review by the Office of Special Education
Programs of a State's complaint decision.
Letter dated October 27, 2003 to California
State Director of Special Education Alice Parker, clarifying that the
Part B regulations require a State to resolve signed, written
complaints regarding State eligibility requirements.
Topic Addressed: Confidentiality of Education Records.
Letter dated October 31, 2003 to individual
(personally identifiable information redacted), from Family Policy
Compliance Office Director LeRoy S. Rooker, clarifying that under the
Family Educational Rights and Privacy Act (FERPA) and the IDEA, a
school system may not release to the parents of a student, for whom a
due process hearing has been filed, the names and personally
identifiable information of other students (without consent from their
parents) that are contained in the student's record.

Topic Addressed: Least Restrictive Environment.
Letter dated November 4, 2003 to New Jersey
Department of Education Director of Special Education Barbara Gantwerk,
regarding the least restrictive environment provisions of the IDEA and
the placement of children with disabilities in segregated settings,
with parental approval.

Topic Addressed: State Educational Agency General Supervisory
Authority.
Letters dated October 24, 2003 to New Jersey
Statewide Parent Advocacy Network Executive Director Diana MTK Autin
and to New Jersey Commissioner of Education William L. Librera,
clarifying that the IDEA does not prohibit a State or school district
from entering into an agreement with another entity to provide special
education and related services, but the State and school district
remain responsible for ensuring the provision of a free appropriate
public education to the child, and the parents cannot be denied the
opportunity to pursue complaints against the State and school district.

Section 613--Local Educational Agency Eligibility
Topic Addressed: Charter Schools.
Letter dated December 18, 2003 to Texas
Education Agency Associate Commissioner Susan Barnes, clarifying that
the IDEA statute and its corresponding regulations do not make any
exceptions to the requirements under 20 U.S.C. 1412(a)(1) and 20 U.S.C.
1412(a)(3)-(6) when a student is provided an education through
information and communication technologies (e.g., via the Internet,
teleconferencing, or tele-video conferencing).
Letter dated November 10, 2003 to Harmony
Community School Executive Director David Nordyke, clarifying that
issues regarding a State's public school funding formula, including
State funding of special education and related services, are matters to
be resolved at the State level, as long as the provisions of the IDEA
are met.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements
Topic Addressed: Individualized Education Programs.
Letter dated October 2, 2003 to Daniel W. Morse,
Esq., clarifying that a Section 504 plan that does not meet the
specific individualized education program (IEP) requirements of Part B
of the IDEA may not be used to substitute for an IEP.

Section 615--Procedural Safeguards
Topic Addressed: Due Process Hearings.
Letter dated December 10, 2003 to individual
(personally identifiable information redacted), clarifying that a party
aggrieved by a decision in a hearing (in a one-tier due process hearing
system) does not have a right to an appeal to the SEA merely because
the State transfers responsibility for conducting due process hearings
to the State's Office of Administrative Hearings, and clarifying that
the State is not automatically a proper party to an administrative or
judicial proceeding merely because the State operates a one-tier
system.

Part C

Infants and Toddlers With Disabilities

Section 634--Eligibility
Topic Addressed: Evaluations.
Letter dated November 6, 2003 to Connecticut
Part C Coordinator Linda Goodman, clarifying whether audiological
evaluations must be provided to an infant or toddler referred to Part
C, who is suspected of having a communication delay, whose hearing has
not been tested, and for whom an audiology evaluation is determined to
be needed.
Section 635--Requirements for Statewide System
Topic Addressed: Eligibility Criteria.
Letter dated October 24, 2003 to Connecticut
Part C Coordinator Linda Goodman, regarding the State's obligation to
evaluate and assess infants or toddlers who are suspected of having a
disability and whether the State can deny services to families who
refuse to pay or repeatedly fail to keep appointments.
Other Letters That Do Not Interpret the Idea But May Be of Interest to
Readers
Topic Addressed: Procedural Safeguards.
Letter dated October 17, 2003 to U.S.
Congressman Ruben Hinojosa clarifying that the provisions of the Safe
and Drug-Free Schools and Communities Act (Title IV of the Elementary
and Secondary Education Act of 1965, as amended by the No Child Left
Behind Act of 2001) do not prohibit the presence of a student's
prescription drugs, or related equipment, at school.

top due process home OSEP letters
 

Third Quarter, 2003

DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from July 1, 2003, through September 30,
2003.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of the IDEA, the Secretary is required, on
a quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education (Department) of the IDEA or the regulations
that implement the IDEA.

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Special Education and Related Services
[sbull] Letters dated August 22, 2003, to National School
Transportation Association Regulatory Liaison Robin L. Leeds and
National Association for Pupil Transportation Executive Director
Michael J. Martin, regarding the obligations of local educational
agencies (LEAs) under Part B of the IDEA toward related service
providers, including transportation providers.
[sbull] OSEP memorandum 03-10 dated August 22, 2003, to State
Directors of Special Education, regarding how to ensure safe and
appropriate transportation for children with disabilities.

Section 603--Office of Special Education Programs

Topic Addressed: Responsibilities of the Office of Special Education
Programs
[sbull] Letter dated August 15, 2003, to individual (personally
identifiable information redacted), clarifying that Part B of the IDEA
does not provide for the Office of Special Education Programs' review
of individual State-level complaint decisions or due process hearings,
clarifying the procedures for requesting and amending school records,
and clarifying the Department's responsibility to monitor a State's
compliance with the IDEA.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Distribution of Funds
[sbull] OSEP memorandum 08-03 [sic] dated July 1, 2003, regarding
implementation of the funding formula and funding formula distributions
under section 611 of Part B of the IDEA and requesting that the States
sign an Assurance Statement attesting to the accuracy of their funding
formula distributions.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
[sbull] Letter dated August 19, 2003, to Children's Advocacy
Network of Florida Founder Beth Davis-Wellington, regarding: (1) The
role of the individualized education program (IEP) team in implementing
the State's policy for retention or promotion of students with
disabilities, (2) the establishment of proficiency standards for a
regular high school diploma as they relate to children with
disabilities and the IDEA requirements; and (3) the timing of initial
evaluations for students with disabilities.
Topic Addressed: Free Appropriate Public Education for Eligible Youth
With Disabilities Incarcerated in Adult Prisons
[sbull] Letter dated August 19, 2003, to Vermont Department of
Education Legal Counsel Geoffrey A. Yudien, clarifying that (1) The
provisions in 20 U.S.C. 1414(d)(6) and 34 CFR 300.311(c)(1) apply to
post-conviction incarcerations; (2) to the extent consistent with the
age ranges established under State law, States and LEAs must include in
their child find systems those incarcerated youth who would be eligible
to receive a free appropriate public education (FAPE) and who do not
fall into the exception to the FAPE requirement; (3) individuals in the
Federal correctional system fall under the jurisdiction of the Federal
Bureau of Prisons (BOP) and the IDEA makes no specific provision for
funding educational services through the BOP; and (4) under Part B of
the IDEA, if a youth with disabilities is referred or placed by the
State into an out-of-State facility, the referring State is generally
responsible for ensuring that FAPE is available during the course of
the youth's placement in that facility.
Topic Addressed: Procedural Safeguards
[sbull] Letter dated September 9, 2003, to North Dakota State
Director of Special Education Robert Rutten, clarifying that it is not
inconsistent with the State complaint procedures required by 34 CFR
300.660-300.662 for a complainant to have an advocate present during an
interview or for the complaint investigator to send a copy of the
issues to be investigated to an advocate if requested to do so by the
complainant.


Topic Addressed: Least Restrictive Environment
[sbull] Letter dated July 23, 2003, to individual (personally
identifiable information redacted), clarifying that neither the IDEA
nor its implementing regulations define the term ``regular classes''
nor do they limit the number, or percentage, of students with
disabilities that may be placed into a specific regular classroom in
order to provide FAPE in the least restrictive environment, consistent
with the requirements of 34 CFR 300.550-300.556.
[sbull] Letter dated July 1, 2003, to individual (personally
identifiable information redacted), clarifying that, under the IDEA,
private schools are not subject to the same admission policies which
apply to public schools and services plans are prepared only for
private school children with disabilities who are designated to receive
services.
Topic Addressed: Maintenance of Effort
[sbull] Letter dated August 1, 2003, to Washington State Audit
Manager Brad White, clarifying that an LEA is not permitted to reduce
its level of expenditures under Part B of the IDEA below the level of
expenditures for the preceding fiscal year if the decrease is
attributed to a reduction in the LEA's retirement rates for its staff.
Topic Addressed: Participation of Children with Disabilities in State
and District-Wide Assessments
[sbull] Letter dated July 14, 2003, to New Hampshire Disabilities
Rights Center Executive Director Dr. Richard Cohen, regarding the
requirements for the disaggregation and reporting of assessment and
performance indicator data to the public and the Secretary under the
IDEA and Title I of the Elementary and Secondary Education Act of 1965,
as amended.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
[sbull] Letter dated August 8, 2003, to New York State Education
Department Deputy Commissioner Lawrence C. Gloeckler, regarding the
status of charter schools under New York law for the purposes of Part B
of the IDEA and requesting clarification on how the State is ensuring
that the requirements for charter schools under the IDEA are being met.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Evaluations and Reevaluations
[sbull] Letter dated September 5, 2003, to Hofstra University
Professor Frank G. Bowe, clarifying that an agency may not use the due
process procedures under the IDEA to override the requirement that
informed parental consent be obtained before the initial provision of
special education and related services.
[sbull] Letter dated September 3, 2003, to U.S. Senator Ben
Nighthorse Campbell, regarding the use of intelligence quotient tests
to determine the eligibility of students with disabilities for special
education under section 504 of the Rehabilitation Act of 1973 and under
the IDEA.
Topic Addressed: Individualized Education Programs
[sbull] Letter dated August 28, 2003, to Fort Thomas Kentucky
Independent Schools Assistant Superintendent Rita Byrd, clarifying that
Federal regulations do not address the public agency's responsibility
to make an employee of the agency, including a student's former
teacher, available for IEP meetings.
[sbull] Letter dated August 28, 2003, to individual (personally
identifiable information redacted), clarifying that whether an employee
who is not required by 34 CFR 300.344(a) to be part of an IEP team may
be required to attend or be charged leave to attend an IEP meeting is a
matter of State and/or local policy.
[sbull] Letter dated July 25, 2003, to individual (personally
identifiable information redacted), regarding which parties are
responsible under the IDEA for developing, reviewing, and, if
appropriate, revising the IEP and clarifying that the decision as to
who is responsible for putting IEP team decisions in writing is made by
the public agency.

Section 615--Procedural Safeguards

Topic Addressed: Surrogate Parents
[sbull] Letter dated July 10, 2003, to New Hampshire State Director
of Special Education Mary J. Ford, regarding the distinction between a
surrogate parent under 34 CFR 300.515 and a person acting as a parent
under 34 CFR 300.20.

Part C--Infants and Toddlers With Disabilities

Section 635--Requirements for Statewide System

Topic Addressed: Procedural Safeguards
[sbull] Letter dated August 19, 2003, to individual (personally
identifiable information redacted), regarding (1) the Office for Civil
Rights' authority over complaints related to discrimination based on
disability, (2) the resolution of individual complaints and the award
of compensatory services under Part C of the IDEA, and (3) the lead
agency's responsibility for general supervision of all Part C programs
and activities, including the monitoring of agencies carrying out Part
C services.

Other Letters That Do Not Interpret the IDEA But May Be of Interest to
Readers

Topic Addressed: Free Appropriate Public Education
[sbull] Letter dated August 28, 2003, to Chief State School
Officers, regarding implementation of the Title I choice and
supplemental educational services provisions of the No Child Left
Behind Act of 2001 (NCLB).
Topic Addressed: Confidentiality of Education Records
[sbull] Letter dated July 2, 2003, to Chief State School Officers,
regarding (1) release of student information to military recruiters
under the National Defense Authorization Act for Fiscal Year 2002 and
(2) the process by which parents are notified and have an opportunity
to request that this information not be disclosed without their
consent, similar to the ``directory information'' provisions under the
Family Educational Rights and Privacy Act.
Topic Addressed: Personnel Standards
[sbull] Letter dated July 28, 2003, to Chief State School Officers,
regarding provisions in NCLB, the Teacher Assistance Corps, and efforts
to share ideas about improvements in teacher quality.

Dated: December 5, 2003.
Troy R. Justesen,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.

top due process home OSEP letters
 

Second Quarter 2003

DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from April 1, 2003 through June 30,
2003.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with
Disabilities Education Act (IDEA). Under section 607(d) of IDEA, the
Secretary is required, on a quarterly basis, to publish in the Federal
Register a list of correspondence from the Department of Education
received by individuals during the previous quarter that describes the
interpretations of the Department of Education of the IDEA or the
regulations that implement the IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507 (press 3).
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to the contact persons listed in the
preceding paragraph.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from April 1, 2003 through June 30, 2003
with the exception of two letters, one dated March 17, 2003, which was
inadvertently omitted from the 1st Quarter list, and one dated August
1, 2003, which relates to the subject matter of the March 17, 2003
letter.
Included on the list are those letters that contain interpretations
of the requirements of the IDEA and its implementing regulations, as
well as letters and other documents that the Department believes will
assist the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
[sbull] Letter dated June 30, 2003 to individual (personally
identifiable information redacted), clarifying that although neither
the IDEA nor its implementing regulations require that students who are
deaf or hard of hearing be assessed to determine their American Sign
Language (ASL) skills or proficiency, the individualized education
program (IEP) may specify that certain assessment methods be used to
assess the student's proficiency in ASL.

Section 603--Office of special education programs

Topic Addressed: Responsibilities of the Office of Special Education
Programs
[sbull] Letter dated April 16, 2003 to the National Council on
Disability General Counsel Jeff Rosen, regarding the efforts of the
Office of Special Education Programs (OSEP) to focus its monitoring
system on better outcomes for infants, toddlers, children and youth
with disabilities and their families.
[sbull] OSEP memorandum 03-5 dated April 8, 2003 to Chief State
School Officers and Lead Agency Directors, regarding OSEP's
implementation of the Continuous Improvement and Focused Monitoring
System to target resources on those performance issues most closely
related to improved results for children with disabilities and to those
States most in need of improvement on those performance issues.

Part B--Assistance for Education of all Children with Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Section 619--Preschool Grants

Topic Addressed: Allocation of Grants
[sbull] OSEP memorandum 03-7 dated April 15, 2003 to State
Directors of Special Education, regarding calculating State grants and
the determination of the age cohort for which each State ensures the
availability of a free appropriate public education (FAPE).

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
[sbull] Letter dated June 27, 2003 to individual (personally
identifiable information redacted), clarifying whether Federal funds
provided under the IDEA can be used to pay tuition at public or private
State-approved special education programs designed to offer parents
alternate State-approved school placement options.
Topic Addressed: Least Restrictive Environment
[sbull] Letter dated June 26, 2003 to Maryland Disability Law
Center Managing Attorney Leslie S. Margolis, clarifying that OSEP does
not intervene in State decisions regarding construction of new schools
and that there are no statutory or regulatory provisions which require
a State to take certain steps before concluding there is no viable
alternative to construction of a new separate facility.
Topic Addressed: State Educational Agency General Supervisory Authority
[sbull] Letter dated June 25, 2003 to individual (personally
identifiable information redacted), clarifying the State Educational
Agency's general supervisory responsibilities and explaining that the
IDEA and its implementing regulations do not (1) specify the manner or
method in which a State educational agency (SEA) must conduct an
independent onsite-investigation of a complaint or (2) require that
students with disabilities attain particular graduation rates for a
State to meet its obligations under the IDEA.
Topic Addressed: Participation of Children with Disabilities in State
and District-Wide Assessments
[sbull] Letter dated June 26, 2003 to individual (personally
identifiable information redacted), regarding (a) participation by
students placed in private schools or facilities in State and district-
wide assessments and in alternate assessments; (b) the appropriate
configuration and authority of the IEP team; (c) the provision of
direct services by the SEA and remedies available under State complaint
procedures; (d) the filing of a State complaint in an alternative
format and the completeness of a complaint investigation; and (e)
procedural safeguards for parents with disabilities.
[sbull] Letter dated April 10, 2003 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, regarding a State's
ability to (1) determine what accommodations in administration
invalidate a test or a part thereof and (2) provide appropriate
direction to school districts and IEP teams on issues including the
design and constructs measured by various required tests, which
accommodations and modifications in administration are valid, and which
accommodations and modifications would invalidate the assessment or
part of the assessment.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
[sbull] Letter dated April 4, 2003 to Hawaii Department of
Education Special Education Director Debra Farmer, clarifying the
State's obligations, under its unitary school system and parental
choice programs, to provide a FAPE to students with disabilities whose
parents choose to place them in a charter school.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Evaluations and Reevaluations
[sbull] Letter dated June 26, 2003 to Maryland Department of
Education Assistant State Superintendent Carol Ann Baglin, clarifying
that (1) the determination of whether a child suspected of having a
specific learning disability is a child with a disability must be made
by the parents and a team of qualified professionals and (2) it would
not be inconsistent with the IDEA for a State to require that the
child's parent be afforded the opportunity to provide a statement
presenting his or her conclusion regarding the determination of
eligibility.
[sbull] Letter dated April 10, 2003 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, clarifying that (1)
the IDEA statute and Part B regulations reflect the clear and
unequivocal intent of Congress to support parents' rights to choose
whether their children would be enrolled initially in special education
and (2) an individual parent's refusal to consent to the initial
provision of special education and related services relieves the
State's obligation to provide FAPE to that child until the parent
provides that consent.
Topic Addressed: Individualized Education Programs
[sbull] Letter dated June 4, 2003 to individual (personally
identifiable information redacted), regarding the audio or video
recording of IEP meetings.
[sbull] Letter dated April 2, 2003 to Sonja D. Kerr, Esq.,
clarifying that neither the IDEA nor the final regulations (1) address
the ``write-up'' of the IEP (whether or not parents must be physically
present when the IEP is written is a State issue) or (2) prohibit the
parties from using an IEP developed during a conciliation conference or
from making offers of settlement or submitting such settlement offers
to a hearing officer or court.

Section 615--Procedural Safeguards

Topic Addressed: Manifestation Determination Review
[sbull] Letter dated August 1, 2003 to Vermont Department of
Education Legal Counsel Geoffrey A. Yudien, clarifying that (1) nothing
in the IDEA statute or regulations limits a manifestation determination
review only to the disability that served as the basis for the
eligibility determination and (2) the ten-day timeline set forth in 34
CFR 300.523(a)(2) is not intended to preclude the IEP team from making
an appropriate determination that additional evaluations must be
completed in order to make a manifestation determination.
[sbull] Letter dated March 17, 2003 to New Hampshire Department of
Education Consultant Terry Brune, clarifying that, while the IDEA
statute and regulations do not address the issue of conducting more
than one manifestation determination review for the same incidence of
behavior, any new information regarding the incident could be used as a
basis for an IEP meeting to reexamine the student's program and
placement.

Part C--Infants and Toddlers with Disabilities

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Services
[sbull] Letter dated June 30, 2003 to individual (personally
identifiable information redacted), clarifying that the regulations
implementing Part C require that (1) written parental consent be
obtained before conducting the initial evaluation and placement of a
child and before initiating the provision of early intervention
services and (2) there is no provision authorizing public agencies to
use mediation or due process procedures to override a parent's refusal
to consent to the initial provision of early intervention or special
education and related services.

Section 641--State Interagency Coordinating Council

Topic Addressed: State Interagency Coordinating Council
[sbull] OSEP memorandum 03-6 dated April 15, 2003, regarding the
requirements for submitting annual performance reports, and clarifying
that a single report can be used to satisfy both the Education
Department General Regulations and the Part C Interagency Coordinating
Council reporting requirements.

Dated: September 16, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.

top due process home OSEP letters
 

First Quarter 2003

Federal Register: June 23, 2003 (Volume 68, Number 120)]
[Notices]
[Page 37141-37142]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn03-37]
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services
AGENCY: Department of Education.
ACTION: List of correspondence from January 2, 2003 through March 31, 2003.
-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
    If you use a telecommunications device for the deaf (TDD), you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.
    Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Format Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from January 2, 2003 through March 31, 2003.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part B

Assistance for education of All Children With Disabilities Section
611--Authorization; Allotment; Use of Funds; Authorization of
Aappropriations Section 619--Preschool Grants

Topic Addressed: Use of funds
    [sbull] Letter dated March 25, 2003 to American Samoa Special
Education Division Director Moeolo Vaatausili, regarding whether the
purchase of vehicles to meet the transportation needs of children with
disabilities using Part B funds is an allowable cost.
    [sbull] Letter dated March 21, 2003 to Louisiana Department of
Education Director Virginia Beridon, regarding criteria for determining
whether use of Part B funds for international travel is an allowable
cost.

[[Page 37142]]

Section 612--State Eligibility.

Topic Addressed: Confidentiality of Education Records
    [sbull] Letter dated February 14, 2003 to Bergen County, New Jersey
Freeholder Louis A. Tedesco, clarifying that rights under the
confidentiality provisions of the Family Educational Rights and Privacy
Act (FERPA) and the IDEA vest with the parent or eligible student and
that FERPA does not provide for these rights to be vested in a third
party that has not suffered an alleged violation.
Topic Addressed: Procedural Safeguards
    [sbull] Letter dated February 26, 2003 to Vermont Director of
Special Education Dennis Kane, regarding issues the State needs to
review and resolve pursuant to State complaint procedures and the
complaint requirements in the part B regulations at 34 CFR 300.660-
300.662.
    [sbull] Letter dated March 6, 2003 to individual, (personally
identifiable information redacted), regarding the change in the Part B
regulations that removed the Secretarial review process under the State
complaint procedures effective May 11, 1999.
Topic Addressed: State Education Agency General Supervisory Authority
    [sbull] Letter dated March 24, 2003 to Connecticut Commissioner of
Education Theodore S. Sergi, regarding the State's due process hearing
procedures and compliance with the Special Conditions on its Federal
fiscal year 2002 grant award under Part B.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Evaluations and Reevaluations
    [sbull] Letter dated March 20, 2003 to Vermont Department of
Education Legal Counsel Geoffrey A. Yudien, clarifying (1) that a
school district may not override parental consent for the initial
provision of special education and related services, (2) that a school
district is not required to obtain separate parental consent for
additional services that the individualized education programs team
deems necessary or for a continuation of services after the parent has
previously consented to the initial provision of services, and (3) that
the protections under the IDEA, including the discipline procedures at
34 CFR 300.520-300.529, would not apply to children whose parents have
refused consent for the initial provision of special education and
related services.
    [sbull] Letter dated February 11, 2003 to New Jersey Director of
Special Education Barbara Gantwerk, clarifying (1) the ways in which
school districts can document efforts to obtain parental consent for
the initial provision of special education and related services and
reevaluations, and (2) that school districts are not required to
provide the Part B discipline protections to children who are not
receiving special education because their parents have refused to
consent.
Topic Addressed: Individualized Education Programs
    [sbull] Letter dated February 4, 2003 to West Virginia Advocate
Susan Given, regarding factors that States may use in determining when
extended school year services are appropriate under Part B.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluations
    [sbull] Letter dated March 20, 2003 to Arkansas Volunteer
Educational Advocate David Young, clarifying that a school district's
practice of maintaining and requiring a parent to use a list of
qualified independent educational evaluation (IEE) examiners is not
inconsistent with the parent's right to an IEE.
Topic Addressed: Surrogate Parents
    [sbull] Letter dated March 11, 2003 to Vermont Department of
Education Legal Counsel Geoffrey A. Yudien, regarding the authority of
the State and the role of the surrogate parent in making educational
decisions for children with disabilities placed in State custody.

Part C

Infants and Toddlers With Disabilities

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Services
    [sbull] Letter dated March 25, 2003 to Connecticut Birth to Three
System Director Linda Goodman, regarding whether assistive technology
can be provided under Part C.
    [sbull] Letter dated March 13, 2003 to South Carolina Part C
Coordinator David K. Steele, clarifying that although the provision of
respite or other care arrangements may be necessary for some families
to participate in appropriate early intervention activities, the term
``respite'' is not intended to serve as child-care or ``baby-sitting''
assistance in ordinary circumstances.
 

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
    Dated: June 18, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 03-15807 Filed 6-20-03; 8:45 am]

BILLING CODE 4000-01-P
 
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4th Qtr, 2002

FR Doc 03-9941
[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Notices]
[Page 19794-19796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap03-46]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services; List of
Correspondence
AGENCY: Department of Education.
ACTION: List of correspondence from October 1, 2002 through December
31, 2002.
-----------------------------------------------------------------------
SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the

[[Page 19795]]

Secretary is required, on a quarterly basis, to publish in the Federal
Register a list of correspondence from the Department of Education
received by individuals during the previous quarter that describes the
interpretations of the Department of Education of IDEA or the
regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
If you use a telecommunications device for the deaf (TDD), you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Format Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from October 1, 2002 through December 31,
2002.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part B

Assistance for Education of All Children With Disabilities, Section
611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Section 619--Preschool Grants

Topic Addressed: Distribution of Funds Provided to the Secretary of the
Interior
[sbull] Letter dated December 17, 2002 to Washington Department of
Social and Health Services Indian Policy Advisory Committee Chair
Marilyn M. Scott, clarifying that under current law the State and the
Bureau of Indian Affairs each have certain responsibilities regarding
the provision of early intervention and special education and related
services to Native American children with disabilities residing on
reservations.
Topic Addressed: Use of funds
[sbull] Letter dated November 7, 2002 to Minnesota Department of
Education Director of Accountability and Compliance Norena Hale,
listing regulations that apply to the use of State set-aside funds
under sections 611 and 619 for monitoring.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
[sbull] Letter dated October 9, 2002 to Beth L. Sims, Esq.,
clarifying that the IDEA, as amended, and its implementing regulations
do not obligate a school district receiving a special education student
from another State to accept the evaluation results, eligibility
determinations, and individualized education program (IEP) decisions
made in another State, but do obligate a local educational agency (LEA)
to provide a free appropriate public education (FAPE), in accordance
with State education standards, to all eligible students.
Topic Addressed: State Educational Agency General Supervisory Authority
[sbull] Letter dated October 17, 2002 to Florida Bureau of
Instructional Support and Community Services Chief Shan Goff, regarding
improvement activities required to address areas of noncompliance in
the provision of speech-language services as a related service to
children with disabilities, identified during the Office of Special
Education Program's monitoring activities.
Topic Addressed: Methods of Ensuring Services
[sbull] Letter dated November 6, 2002 to South Carolina Department
of Education Director of Programs for Exceptional Children Susan D.
Durant, regarding requirements to obtain parent consent under Part B of
the IDEA and the Family Educational Rights and Privacy Act (FERPA) in
order to access Medicaid or public insurance benefits.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Eligibility Determinations
[sbull] Letter dated October 9, 2002 to Minneapolis Public Schools
Executive Director of Special Education Colleen Baumtrog, regarding
requirements for evaluating and identifying children with specific
learning disabilities and clarifying that neither the IDEA nor the Part
B regulations require the use of intelligence quotient tests as part of
an initial evaluation or a reevaluation.
Topic Addressed: Individualized Education Programs
[sbull] Letter dated November 21, 2002 to U.S. Congressman Dennis
Moore, regarding issues related to the graduation of a student with a
disability, including transition planning, transition services,
reevaluations and procedural safeguards.

Section 615--Procedural Safeguards.

Topic Addressed: Independent Educational Evaluations
[sbull] Letter dated October 9, 2002 to individual, (personally
identifiable information redacted), clarifying that to avoid
unreasonable charges for independent educational evaluations (IEEs) a
school district may establish maximum allowable charges, but the school
district must allow parents the opportunity to demonstrate that unique
circumstances justify an IEE that is more expensive; and if the school
district disagrees with the parents' justification, it must bring a
hearing to demonstrate that the IEE did not meet the agency's cost
criteria and that unique circumstances do not justify the higher rate.
Topic Addressed: Notice to Parents
[sbull] Letter dated October 9, 2002 to NEA Professional Associate
for Special Needs Patti Ralabate, clarifying (1) that if an IEP meeting
does not result in a proposal or refusal to initiate or change the
identification, evaluation, or educational placement of the child or
the provision of a FAPE to their child, prior notice is not required,
(2) that one method public agencies could use to meet the requirement
for reporting the information on IEP goals required by 34 CFR
300.347(a)(7)(ii)(A) and (B) to parents would be to include that
information on the periodic report cards that report grading
information to all students, and (3) how the language needs of a child
with a disability who has limited English proficiency must be addressed
in the child's IEP based on the individual needs of the child.

Part C

Infants and Toddlers With Disabilities

Section 637--State Application and Assurances

Topic Addressed: Prohibition Against Supplanting
[sbull] Letter dated November 12, 2002 to Louisiana Department of
Education Assistant Superintendent Rodney Watson, discussing the non-
supplanting

[[Page 19796]]

requirements for Part C funds and indicating that the total State and
local expenditures should be considered, and not just lead agency
funds.

Section 643--Allocation of Funds.

Topic Addressed: Administration of Part C Funds
[sbull] Letter dated November 20, 2002 to New Mexico Department of
Health Program Manager Andrew Gomm, clarifying that the Education
Department General Administrative Regulations require recipients of
IDEA part C Federal grant awards to have a restricted indirect cost
rate.

Other Letters Relevant to the Administration of Idea Programs

Topic Addressed: Child with a Disability
[sbull] Letter dated November 8, 2002 to U.S. Congressman Ken
Lucas, regarding the circumstances under which a child with asthma may
be eligible under the IDEA or under section 504 of the Rehabilitation
Act of 1973 or both.
Topic Addressed: Applicability of Regulations
[sbull] Letter dated October 29, 2002 to Dr. Perry A. Zirkel
regarding application of the requirements of the IDEA, section 504 of
the Rehabilitation Act of 1973, and the Americans with Disabilities Act
to overseas schools.
Topic Addressed: Free Appropriate Public Education
[sbull] Letter dated October 22, 2002 to Chief State School
Officers, regarding implementation of the No Child Left Behind Act and
the importance of identifying schools in need of improvement to ensure
that every child learns.
Topic Addressed: Procedural Safeguards
[sbull] Letter dated November 19, 2002 to Dr. Perry A Zirkel
clarifying that neither the IDEA nor its implementing regulations
address interlocutory appeals and that whether these appeals are
allowed is a State decision subject to the timeline provisions of 34
CFR 300.512.


Dated: April 17, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 03-9941 Filed 4-21-03; 8:45 am]

BILLING CODE 4000-01-P

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3rd Qtr, 2002

FR Doc 03-3257
[Federal Register: February 10, 2003 (Volume 68, Number 27)]
[Notices]
[Page 6725-6727]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe03-59]
 =====================================================================

-----------------------------------------------------------------------
 DEPARTMENT OF EDUCATION

Office of Special Education and Rehabilitative Services; List of
Correspondence
 AGENCY: Department of Education.

 ACTION: List of correspondence from July 1, 2002 through September 30, 2002.
-----------------------------------------------------------------------

 SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by
 [[Page 6726]]

 individuals during the previous quarter that describes the
interpretations of the Department of Education of IDEA or the
regulations that implement IDEA.
 

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
    If you use a telecommunications device for the deaf (TDD), you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.
    Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Format Center. Telephone: (202) 205-8113.
 

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from July 1, 2002 through September 30,
2002.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

 

Part B--Assistance for Education of all children with disabilities
 

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations.
 Topic Addressed: Grants to States

     [sbull] Letter dated September 25, 2002 to Rhode Island Department

of Education Office of Special Needs Director Dr. Thomas P. DiPaolo,
clarifying that although the effective date of a Part B grant cannot be
changed, it is possible, subject to certain conditions, to grant pre-
award costs to a State to mitigate significant hardship on State and
local programs if there is very limited potential harm to the Federal
interest.
 

Topic Addressed: Authorization of Appropriations
     [sbull] Memorandum dated September 30, 2002 to Governors and Chief

State School Officers, regarding nonregulatory guidance pertaining to
Federal education programs, including section 611 of IDEA, with advance
appropriations in fiscal year (FY) 2002.
 

Section 612--State Eligibility
 

Topic Addressed: Confidentiality of Education Records
 

    [sbull] Letter dated July 30, 2002 to Pennsylvania Assistant
Director of Special Education John Tommasini from Family Policy
Compliance Office Director LeRoy S. Rooker, explaining that States must
resolve complaints filed by non-parent individuals or organizations
even if the parent refuses to consent to the disclosure of personally
identifiable information about the student; but, in such cases, the
State may not disclose personally identifiable information about the
student.
    [sbull] Letter dated July 29, 2002 to U.S. Representative C.L.
``Butch'' Otter from Family Policy Compliance Office Director LeRoy S.
Rooker, regarding the right of parents to obtain copies of education
records and whether a parent's representative can inspect and review
education records.
    [sbull] Letter dated July 18, 2002 to individual, (personally
identifiable information redacted), regarding the creation, retention,
and destruction of education records, and records handling and storage.
 

Topic Addressed: Maintenance of Effort
 

    [sbull] Letter dated July 16, 2002 to Michael J. Hernandez, Esq.,
regarding the use of Medicaid reimbursement funds to construct or equip
special education classrooms.
 

Section 615--Procedural Safeguards
 

Topic Addressed: Due Process Hearings
 

    [sbull] Letter dated September 12, 2002 to Louisiana Assistant
Legislative Auditor David K. Greer, regarding whether due process
hearings under the IDEA may be conducted by Louisiana's administrative
law judge panel and clarifying that as a general matter, the Office of
Special Education Programs does not interpret State law, or opine about
its application, unless State law appears to conflict with Federal
requirements.
 

Part C--Infants and Toddlers with Disabilities
 

Section 634--Eligibility
 

Topic Addressed: State Participation
 

    [sbull] Letter dated August 13, 2002 to individual, (personally
identifiable information redacted), clarifying that participation by
States in Part C is voluntary.
 

Section 636--Individualized Family Service Plan
 

Topic Addressed: Natural Environments
 

    [sbull] Letter dated July 30, 2002 to individual, (personally
identifiable information redacted), regarding the history of
implementation of the natural environments requirements of Part C of
the IDEA since the early intervention program was originally enacted,
and clarifying that, based on the child's individualized family
services plan (IFSP), appropriate services can be provided in other
environments.
 

Part D--National Activities to Improve Education of Children with
Disabilities
 

Subpart 2--Coordinated Research, Personnel Preparation, Technical
Assistance, Support, and Dissemination of Information.
 

Section 687--Technology Development, Demonstration, and Utilization;
and Media Services
 

Topic Addressed: Captioning
 

    [sbull] Letter dated August 8, 2002 to House Education and
Workforce Committee Chairman John Boehner, generally describing the
process by which grant awards are made under the IDEA to provide
support for the captioning of educational, news, and informational
television, videos, and materials.
Other Letters Relevant to the Administration of IDEA Programs
 

Topic Addressed: Child with a disability
 

    [sbull] Letter dated July 12, 2002 to U.S. Senator Mary L.
Landrieu, regarding the identification and evaluation of handicapped
persons under Section 504 of the Rehabilitation Act of 1973.
 

Topic Addressed: Accountability for Results
 

    [sbull] Letter dated August 13, 2002 to Dr. Lucille Linde,
clarifying that the Department of Education does not have the authority
to mandate the use of specific assessment and instructional/
intervention programs in public schools and that these decisions are
made at the State and local school district levels.
    [sbull] Dear Colleague letter dated July 24, 2002, regarding the
implementation of the No Child Left Behind Act and statewide
accountability systems, and providing guidance on adequate yearly
progress.
 

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
    Dated: February 5, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 03-3257 Filed 2-7-03; 8:45 am]

BILLING CODE 4000-01-P

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2nd Qtr, 2002

[Federal Register: November 7, 2002 (Volume 67, Number 216)]
[Notices]
[Page 67828-67830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no02-41]

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

 
Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from April 1, 2002 through June 30,
2002.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
    If you use a telecommunications device for the deaf (TDD) you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.

[[Page 67829]]

    Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Format Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION:
    The following list identifies correspondence from the Department
issued from April 1, 2002 through June 30, 2002.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 602--Definitions.

Topic Addressed: Special Education AND Related Services
    [sbull] Letter dated April 19, 2002 to individual, (personally
identifiable information redacted), regarding the circumstances under
which transportation must be provided as a related service; and
clarifying that IDEA does not address whether parents are entitled to
reimbursement for transporting their child if transportation is not a
required related service on the individualized education program.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations.

Topic Addressed: Distribution of Funds
    [sbull] OSEP memorandum 02-06 dated April 26, 2002, regarding
implementation of the new funding formula under IDEA, specifically the
year of age cohorts for which a free appropriate public education
(FAPE) is ensured.
Topic Addressed: Use of Funds
    [sbull] Letter dated May 22, 2002 to Louisiana Department of
Education Division of Appropriation Control Director Kitty Littlejohn
regarding the ability to add program income, generated from
registration fees assessed on participants at conferences conducted by
the State Department of Education, to the IDEA Part B grant award.

Section 612--State Eligibility.

Topic Addressed: Condition of Assistance and Annual Count
    [sbull] Letter dated April 2, 2002 to individual, (personally
identifiable information redacted), clarifying that (1) the Florida
Department of Education (FDE) operates a one-tier due process system;
(2) the FDE is revising its eligibility documents which will be
reviewed by the Office of Special Education Programs; (3) the FDE is
developing a State Improvement Plan; and (4) a school district may
include in its annual count children placed by their parents in private
schools through Florida's program of Scholarships to Public or Private
Schools of Choice for Students with Disabilities if these children are
being provided special education or related services under 34 CFR
300.452-300.462.
Topic Addressed: State Educational Agency General Supervisory Authority
    [sbull] Letter dated June 27, 2002 to Dina O. Harris, Esq., John F.
Walsh, Esq. and Arizona Assistant Attorney General Kacey Gregson,
regarding the ability of a State educational agency (SEA) to reduce or
withhold funds from a local educational agency (LEA) that is not
meeting its obligation to provide FAPE to all students with
disabilities it is responsible for serving.
Topic Addressed: Personnel Standards
    [sbull] Letter dated April 2, 2002 to G. Emerson Dickman, Esquire,
clarifying requirements regarding qualifications of personnel under
both the IDEA and the No Child Left Behind Act (NCLB Act) and a
parent's right to be informed about the qualifications of individuals
providing services to a child.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Individualized Education Programs
    [sbull] Letter dated June 27, 2002 to Illinois State Board of
Education Director of Special Education Dr. Anthony E. Sims, clarifying
that, although the Part B ``at no cost'' requirement does not preclude
incidental fees normally charged to nondisabled students or their
parents as part of the regular education program, it would be
impermissible for a public agency to charge parents a fee for extended
school year services if summer school services, for which incidental
fees are charged, are not a part of the extended school year services
provided to the student.

Section 615--Procedural Safeguards

Topic Addressed: Timelines For Appeals
    [sbull] Letter dated June 26, 2002 to Connecticut Department of
Education Bureau Chief George P. Dowaliby clarifying that to require
that issues be raised at a planning and placement team meeting before
they can be addressed at a due process hearing establishes
impermissible notice and exhaustion burdens inconsistent with the IDEA
and its implementing regulations.
    [sbull] Letters dated June 25, 2002 to Minnesota Department of
Children Families and Learning Director of Special Education Norena A.
Hale, Mississippi State Department of Education Program Improvement and
Outreach Bureau Director Dr. Melody Bounds, and Missouri Department of
Elementary and Secondary Education Coordinator of Special Education
Services Melodie Friedebach, clarifying that the States must revise or
delete their 30-day time limits because Circuit Court decisions
applicable to these States have specifically rejected a 30-day time for
appealing due process hearing decisions since it conflicts with the
policies and purposes of the IDEA.
    [sbull] Letter dated June 4, 2002 to Arkansas Department of
Education Associate Director of Special Education Marcia Harding,
requesting that Arkansas revise its 30-day time limit for filing a
civil action under IDEA to be consistent with a case involving the
Arkansas time limit.
    [sbull] Letters dated June 4, 2002 to Minnesota Department of
Children, Families and Learning Director of Special Education Norena A.
Hale, Mississippi State Department of Education Program Improvement and
Outreach Bureau Director Dr. Melody Bounds, Missouri Department of
Elementary and Secondary Education Coordinator of Special Education
Services Melodie Friedebach, and Nebraska Department of Education
Special Populations Administrator Gary M. Sherman, requesting that the
States either explain why case law rejecting a 30-day time limit for
judicial review of IDEA claims is not applicable to civil actions in
their States or revise their 30-day time limits.

[[Page 67830]]

Part C--Infants and Toddlers with Disabilities

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Services
    [sbull] Letter dated June 11, 2002 to Kentucky Acting Part C
Coordinator Ms. Trish Howard, clarifying that (1) guidelines
established by a State to assist teams in developing an individualized
family service plan (IFSP) may not be implemented in a manner that
restricts the authority and responsibility of the IFSP team and (2)
that the IFSP team makes the final determination of the frequency and
intensity of early intervention services needed by the child.

Other Letters Relevant to the Administration of IDEA Programs

Topic Addressed: Free Appropriate Public Education
    [sbull] Dear Colleague letter dated June 14, 2002 regarding
preliminary guidance for programs which must be implemented by the
2002-2003 school year on public school choice, supplemental education
services, and collective bargaining agreements under the provisions of
the NCLB Act.
    [sbull] Letter dated May 10, 2002 to Florida Department of
Education Bureau of Instructional Support and Community Services Chief
Shan Goff, regarding Florida's obligation under Federal civil rights
laws to ensure that its Scholarship Program for Students with
Disabilities is administered in a nondiscriminatory manner.
Topic Addressed: Personnel Standards
    [sbull] Letter dated April 30, 2002 to Alabama Superintendent of
Education Edward R. Richardson, clarifying Title I paraprofessional
requirements under the NCLB Act.

    Dated: October 31, 2002.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 02-28363 Filed 11-6-02; 8:45 am]
BILLING CODE 4000-01-P

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1st quarter 2002

[Federal Register: July 17, 2002 (Volume 67, Number 137)]
[Notices]
[Page 46966-46967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy02-65]

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

Office of Special Education and Rehabilitative Services


List of Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from January 2, 2002 through March 31,
2002.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
If you use a telecommunications device for the deaf (TDD) you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Format Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from January 2, 2002 through March 31, 2002.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
Letter dated January 7, 2002 to individual, (personally
identifiable information redacted), clarifying that (1) a State must
make clear to the Office of Special Education Programs that it has the
authority to enforce the requirements of IDEA under State law and (2) a
State may adopt a definition of ``adverse effect'' provided that the
State definition is not implemented in a manner that excludes otherwise
eligible children.
Topic Addressed: Special Education
Letter dated January 30, 2002 to Florida Department of
Education Bureau of Instructional Support and Community Services Chief
Shan Goff, clarifying that each State must ensure that any child with a
disability who needs speech-language pathology services to benefit from
special education receives those services, even if the child does not
meet the State's criteria to receive speech-language pathology services
as a special education service.

Section 603--Office of Special Education Programs

Topic Addressed: Responsibilities of the Office of Special Education
Programs
Letter dated January 18, 2002 to U.S. Congresswoman Patsy
Mink clarifying that the U.S. Department of Education is not
responsible for monitoring court-ordered decrees and explaining the
discretionary grant awards process.

Part B--Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Condition of Assistance
Letter dated January 18, 2002 to individual, (personally
identifiable information redacted), regarding (1) a State's obligation
to develop policies and procedures to resolve signed written complaints
filed by individual parents of children with disabilities, other
individuals, and organizations and (2) OSEP's obligation to monitor
each State's compliance with the complaint resolution requirements in
the final regulations implementing the IDEA through its continuous
improvement monitoring process.
Topic Addressed: Free Appropriate Public Education
Letter dated February 12, 2002 to individual, (personally
identifiable information redacted), clarifying that decisions regarding
the provision of services that are appropriate for an individual child
must be based on the child's unique needs and not on the disability
category in which the child is classified.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
Letter dated February 12, 2002 to Connecticut Department
of Education Associate Commissioner George Coleman, regarding the
categories of charter schools, the eligibility of charter schools for
Federal funds, and the responsibilities of charter schools under Part B
of IDEA.

Section 615--Procedural Safeguards

Topic Addressed: Prior Written Notice
Letter dated March 6, 2002 to Texas Education Agency
Division of Special Education Senior Director Eugene Lenz, regarding
the circumstances under which a parent or a school district is required
to provide prior notice and clarifying that no notice provisions other
than those expressly contained in the IDEA can be applied to limit the
statutory right to a due process hearing.

Section 618--Program Information

Topic Addressed: Disproportionality
Letter dated January 14, 2002 to individual, (personally
identifiable information redacted), regarding the ways in which OSEP
and the Office for Civil Rights address the disproportionate
representation of students from some racial and ethnic

[[Page 46967]]

minority backgrounds in special education programs and classes.

Part C--Infants and Toddlers With Disabilities

Section 631--Findings and Policy

Topic Addressed: Amendment of Regulations
Letter dated February 13, 2002 to U.S. Congresswoman Judy
Biggert, regarding the Department of Education's decision to delay the
issuance of any new regulations for the Part C program until after the
IDEA is reauthorized and to withdraw the Notice of Proposed Rulemaking
published in the Federal Register on September 5, 2000.

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Services
Letter dated February 12, 2002 to Kelly C. Wilson, Esq.,
clarifying (1) that the individualized family service plan (IFSP) may
include a particular methodology or instructional approach that is
considered by the IFSP team to be integral to the design of an
individualized program of services to meet the unique needs of the
individual child and (2) that the State is required to provide all
services identified in the IFSP and to ensure that those services are
implemented according to the IFSP.

Other Letters Relevant to the Administration of Idea Programs

Topic Addressed: Assistance Under Other Federal Programs
Letter dated February 22, 2002 to President Lee Grossman
and Executive Director Rob Beck of the Autism Society of America,
clarifying that the Family Educational Rights and Privacy Act, as
currently written, does not allow educational agencies and institutions
to disclose information from student education records to the Centers
for Disease Control without prior written consent of the parent.

Dated: July 11, 2002.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 02-18031 Filed 7-16-02; 8:45 am]
BILLING CODE 4000-01-P

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3rd quarter 2001

[Federal Register: February 22, 2002 (Volume 67, Number 36)]
[Notices]
[Page 8445-8447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe02-115]


[[Page 8445]]

-----------------------------------------------------------------------
Part VII
Department of Education
-----------------------------------------------------------------------

Office of Special Education and Rehabilitative Services; List of
Correspondence; Notice

[[Page 8446]]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION

Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from July 1, 2001 through September 30,
2001.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
If you use a telecommunications device for the deaf (TDD) you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from July 1, 2001 through September 30,
2001.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,

personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Applicability of Regulations
OSEP memorandum 01-18 dated September 12, 2001 to State

Directors of Special Education, regarding the availability of
electronic copies of letters of clarification and selected OSEP
memoranda on the OSEP web page at: http://www.ed.gov/offices/OSERS/
OSEP/

Part B--Assistance for Education of all Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations.

Topic Addressed: Allocation of Grants
Letter dated July 6, 2001 to Federated States of
Micronesia Secretary of Health, Education and Social Affairs Dr. Eliuel
K. Pretrick, regarding funding for the Special Education Program for
Pacific Island Entities grant under Part B of IDEA.
Topic Addressed: Distribution of Funds Provided to the Secretary of the
Interior
Letter dated July 23, 2001 to Arizona Special Education
Coordinator David Dickman, regarding the use of funds and formula
allocations to provide special education and related services to Indian
children with disabilities on reservations.
Topic Addressed: Use of Funds
Letter dated September 19, 2001 to Alabama State
Superintendent of Education Dr. Ed Richardson, regarding the use of
Part B funds to pay for litigation costs incurred as a result of
compliance with specific provisions of the Part B of IDEA award.
Topic Addressed: Use of Funds and Allocation of Grants
Letter dated July 24, 2001 to U.S. Representative Patsy
Mink, regarding the purpose and use of IDEA funding, including funding
of the IDEA at 40 percent of the average per pupil expenditures in
public elementary and secondary schools in the United States, the
allocation and distribution of IDEA grants to States, and payments for
children with disabilities under the Impact Aid program.

Section 612--State Eligibility.

Topic Addressed: Condition of Assistance
Letter dated July 2, 2001 to individual, (personally
identifiable information redacted), regarding (1) the Office of Special
Education's obligation to ensure compliance with the IDEA and its
implementing regulations, including its monitoring of Florida's
implementation and (2) the discretion a State has in choosing whether
the State educational agency or the public agency directly responsible
for the education of the child conducts due process hearings.
Topic Addressed: Free Appropriate Public Education
Letter dated July 5, 2001 to Seattle Children's Home
President R. David Cousineau and Manager David L. Halbett, regarding
the child find, educational, and financial responsibilities under the
IDEA for children with disabilities placed in psychiatric residential
treatment programs.
Topic Addressed: State Educational Agency General Supervisory Authority
Letter dated September 21, 2001 to New York State SAFE
(Schools Are For Everyone) President Holly B. Nann, regarding the
requirements for filing a complaint with a State educational agency and
the obligations the State has in responding to a filed complaint.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements.

Topic Addressed: Evaluations and Reevaluations
Letter dated September 24, 2001 to Virginia Department of
Education Assistant Superintendent H. Douglas Cox, regarding the Part B
of IDEA requirement that parental consent must be obtained before the
initial evaluation, the reevaluation, and the provision of special
education and related services and the fact that Part B of the IDEA
does not permit public agencies to override a parent's refusal of
consent for initial services.
Topic Addressed: Individualized Education Programs
Letter dated July 2, 2001 to Marilyn Shepherd, Ed.D.,
clarifying issues regarding the presence of media at individualized
education program (IEP) meetings, including that, although parents or
the agency have the discretion to invite individuals who have knowledge
or special expertise regarding the child to participate at IEP
meetings, members of the news media are not there as IEP team members
who have knowledge or special expertise regarding the child and his or
her specific IEP development in accordance with Part B, and their
presence as observers during discussions of sensitive issues could be
potentially injurious to the interest of the child.
Letter dated July 23, 2001 to U.S. Senator Hillary Rodham
Clinton, clarifying that although Federal rules do not disallow the
presence of an attorney at an IEP meeting, participation by an attorney
could create a potentially

[[Page 8447]]

adversarial atmosphere and should be strongly discouraged.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluations
Letter dated September 10, 2001 to Wisconsin Director of
Special Education Dr. Stephanie J. Petska, regarding the qualifications
that school districts may require of individuals who conduct
independent educational evaluations.


Part C--Infants and Toddlers With Disabilities

Section 636--Individualized Family Service Plan

Topic Addressed: Natural Environments
Letter dated August 6, 2001 to U.S. Senator Richard
Shelby, regarding the history of implementation of the natural
environments requirements of Part C of the IDEA since the early
intervention program was originally enacted, and clarifying that, based
on the child's individualized family services plan (IFSP), appropriate
services can be provided in center-based programs.

Dated: February 14, 2002.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Loretta L. Petty,
Acting Assistant Secretary for Special Education and, Rehabilitative
Services.
[FR Doc. 02-4285 Filed 2-21-02; 8:45 am]
BILLING CODE 4000-01-U


2nd qtr 2001

[Federal Register: September 18, 2001 (Volume 66, Number 181)]
[Notices]
[Page 48122-48123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se01-29]

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DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from April 1, 2001 through June 30,
2001.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507. If you use a telecommunications device for
the deaf (TDD) you may call (202) 205-5465 or the Federal Information
Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between April 1, 2001 through June 30, 2001.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Distribution of Funds
Letter dated June 14, 2001 to U.S. Senator Richard J.
Lugar, describing actual and proposed increases in Federal funding
levels for special education programs and initiatives to reduce the
cost of special education.
OSEP memorandum 01-14 dated June 6, 2001, regarding
implementation of the 20 percent rule in 34 CFR 300.233 and clarifying
which funds under Part B of IDEA can be included under the 20 percent
calculation.
OSEP memorandum 01-13 dated June 4, 2001, regarding
implementation of the new funding formula under IDEA and the year of
age cohorts for which a free appropriate public education (FAPE) is
ensured.
Topic Addressed: Use of Funds
Letter dated May 24, 2001 to U.S. Congressman Mac
Thornberry, clarifying that although IDEA funds may not be used to pay
litigation expenses, these funds may be used to increase cooperative
problem solving and to promote the use of alternative dispute
resolution.
Letter dated April 16, 2001 to U.S. Congresswoman Rosa L.
DeLauro, regarding the use of non-Federal funding to supplement Federal
Part B funds for children with disabilities placed by their parents in
private or parochial schools.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
Letter dated May 18, 2001 (personally identifiable
information redacted), regarding the inability of complaint mechanisms
under the IDEA to assist individuals who are well over the age limit in
Part B to receive special education services.
Topic Addressed: Children in Private Schools
Letter dated May 18, 2001 (personally identifiable
information redacted), regarding placement of children with
disabilities in private schools under Part B and possible funding
sources for private school placement.
Topic Addressed: State Educational Agency General Supervisory Authority
Letter dated May 24, 2001 (personally identifiable
information redacted), regarding a State's obligation to ensure that
referral and placement of students with disabilities by a local
educational agency complies with Federal and State requirements under
the IDEA.
Letter dated April 16, 2001 to U.S. Congressman Wayne T.
Gilchrest, and letter dated April 30, 2001 (personally identifiable
information redacted), regarding the finality of due process hearings
and whether the State statute concerning limitations to reimbursement
for private school tuition and exceptions for those limitations
complies with the requirements of the IDEA.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements Topic Addressed:
Evaluations And Reevaluations

Letter dated April 16, 2001 (personally identifiable
information redacted), clarifying the obligations of school districts
and the rights of parents regarding reevaluations of children who have
or are suspected of having disabilities.
Topic Addressed: Individualized Education Programs
Letter dated April 16, 2001 to U.S. Congresswoman Jo Ann
Emerson, regarding the obligation of public agencies to provide
eyeglasses to a student and the procedural safeguards available to
parents who disagree with the content of their child's individualized
education program.

[[Page 48123]]

Section 615--Procedural Safeguards

Topic Addressed: Due Process Hearings
Letter dated April 19, 2001 to Virginia Department of
Education Director Judith A. Douglas, regarding whether a State
educational agency is required to convene a due process hearing
initiated by someone other than the parent of a child with a disability
or a public agency.
Topic Addressed: Surrogate Parents
Letter dated April 16, 2001 to Pinal County, Arizona
Deputy County Attorney Linda L. Harant, regarding the appointment of
surrogate parents for children who are wards of a tribal court.
Topic Addressed: Student Discipline
Letter dated April 16, 2001 to Professor Perry A. Zirkel,
regarding the calculation of disciplinary removals of up to 10 school
days to determine whether a change in placement has occurred and the
provision of FAPE during periods of suspension or expulsion from
school.

Section 619--Preschool Grants

Topic Addressed: Use of Funds
Letter dated June 29, 2001 to Connecticut Bureau of Early
Childhood Education and Social Services Chief Paul Flinter, regarding
allowable uses of Preschool Grant State set-aside funds.

Part C--Infants and Toddlers with Disabilities

Section 635--Requirements for a Statewide System

Topic Addressed: Eligibility Criteria
Letter dated May 17, 2001 to South Dakota Office of
Special Education Director Deborah Barnett and South Dakota Interagency
Coordinating Council Member Joanne Wounded Head, regarding the use of
informed clinical opinion in determining eligibility, the provision of
respite care and transportation as part of early intervention services,
and the need for appropriately trained staff.
Letter dated May 3, 2001 to Arkansas Department of Human
Services Director Kurt Knickrehm, clarifying the need to review public
awareness and child find activities to ensure that culturally
appropriate materials are provided to all populations in the State and
that States can establish initial eligibility criteria but cannot set
additional criteria for individual services for a child who has already
been determined to be eligible under Part C.
Letter dated May 2, 2001 to Dr. Garry Gardner, regarding
the flexibility that Part C provides States in defining the
``developmental delay'' category for determining the eligibility of
infants and toddlers with disabilities and the procedures that States
must follow in making changes to this category.

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Services
Letter dated April 16, 2001 to U.S. Senator Robert C.
Byrd, regarding the individualized family service plan (IFSP) process
in determining the intensity and frequency of early intervention
services under Part C, along with the financial responsibility for
these services.
Topic Addressed: Natural Environments
Letter dated June 14, 2001 to U.S. Congressman Ike
Skelton, regarding the history and changes to the natural environments
requirements of Part C of IDEA since the early intervention program was
originally enacted, and clarifying that the need for parent networking
and parent training could be addressed through the provision of
appropriate services in the child's individualized family services plan
(IFSP).

Other Letters Relevant to the Administration of IDEA Programs

Topic Addressed: Assistance Under Other Federal Programs
OSEP memorandum 01-09 dated May 24, 2001, regarding
information about new regulations affecting the determination of
childhood disability under the Social Security Administration's
Supplemental Security Income program.
Letter dated April 16, 2001 to Joseph Kinney, regarding
use of Federal Medicaid funds to pay for required services under Part B
of the IDEA for children with disabilities.

Dated: September 13, 2001.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 01-23242 Filed 9-17-01; 8:45 am]
BILLING CODE 4000-01-U



1st qtr 2001

[Federal Register: June 12, 2001 (Volume 66, Number 113)]
[Notices]
[Page 31817-31819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn01-159]


[[Page 31817]]

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Part III





Department of Education





-----------------------------------------------------------------------



Office of Special Education and Rehabilitative Services; List of
Correspondence; Notice


[[Page 31818]]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from January 2, 2001 through March 31,
2001.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507. If you use a telecommunications device for
the deaf (TDD) you may call (202) 205-5465 or the Federal Information
Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between January 2, 2001 through March 31,
2001.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Use of Funds
Letter dated March 13, 2001 to Maine Commissioner of
Education, J. Duke Albanese, regarding whether a unit that functions as
a separate legal entity from the Maine Department of Education (MDE)
should be included in MDE's Annual Single Audit.
Letter dated February 13, 2001 to Alaska Commissioner of
Education, Richard S. Cross, regarding a finding in a Federal Fiscal
Year (FFY) 1996 audit report questioning the personal service
expenditures allocated to the Special Education-Grants to States
Federal program.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
Letter dated January 19, 2001 (personally identifiable
information redacted), regarding the obligation of States and local
school districts to provide a free appropriate public education (FAPE)
and opportunities for parent participation in a child's evaluation,
eligibility, and educational placement.
Letter dated March 1, 2001 (personally identifiable
information redacted), regarding the extension of compensatory
education services beyond age 21 awarded in settlement of litigation,
the complaint mechanisms available under the IDEA, and the roles of
Federal and State agencies that provide educational services.
Letter dated March 30, 2001 to School Board Attorney John
W. Bowen, regarding application of the requirements of the IDEA and of
section 504 of the Rehabilitation Act of 1973 to Florida's Opportunity
Scholarship Program legislation.
Topic Addressed: Child Find
Letter dated March 30, 2001 to Colorado Department of
Education Special Education Director, Dr. Lorrie Harkness, regarding
(1) the responsibility to identify and evaluate children with Attention
Deficit Disorder/Attention Deficit Hyperactivity Disorder and (2) the
definition of ``educational records.''
Topic Addressed: Procedural Safeguards
Letter dated March 30, 2001 (personally identifiable
information redacted), clarifying that a State may hold in abeyance
those issues in a complaint that are currently being appealed in a
judicial proceeding.
Topic Addressed: State Educational Agency General Supervisory Authority
Letter dated March 19, 2001 to California Assistant
Superintendent of Public Instruction, Alice Parker, regarding a State's
obligation to monitor the compliance of local educational agencies
(LEAs), and to take action in response to noncompliance.
Letter dated March 30, 2001 to Pennsylvania Bureau of
Special Education Director, Dr. Fran Warkomski, regarding a State's
responsibility to resolve complaints in a way that provides individual
relief and addresses systemic problems.
Topic Addressed: Participation in Assessments
Letter dated January 19, 2001, (personally identifiable
information redacted), regarding the use of a calculator as an
accommodation or individual modification for the participation of
students with disabilities in State and district-wide assessments.
OSEP memorandum 01-06 dated January 17, 2001 providing
guidance selected for its relevance to parents and families of students
with disabilities about the participation of these students in State
and district-wide assessments.
Memorandum dated January 12, 2001 regarding the role and
authority of the Individualized Education Program (IEP) team in the
participation of children with disabilities in State and district-wide
assessments of student achievement for children with disabilities.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Schoolwide Programs
Letter dated January 12, 2001, regarding the inclusion of
students with disabilities in schoolwide reform efforts, and advising
LEAs that a portion of IDEA Part B funds can be combined with funds
from Title I of the Elementary and Secondary Education Act of 1965 and
with other Federal, State and local funds to carry out schoolwide
programs that include children with disabilities, as long as students
with disabilities receive services in accordance with a properly
developed IEP and are afforded all of the rights and services
guaranteed to children with disabilities under IDEA.

Part C--Infants and Toddlers with Disabilities

Sections 631-641

Topic Addressed: Federal Interagency Coordinating Council
Letter dated January 2, 2001 regarding principles of
family involvement and suggested standards of practice developed by the
Federal Interagency Coordinating Council (FICC) to encourage meaningful
involvement of family members at all levels of policy and service
delivery planning.

[[Page 31819]]

Letter dated January 17, 2001 to TRICARE Management
Activity Executive Director, H. James T. Sears, regarding the FICC's
development of a service guide, TRICARE and IDEA Part C: A Guide to
Services, that addresses the interface between TRICARE, the Department
of Defense's military health system, and Part C of IDEA.

Other Letters Relevant To the Administration of IDEA Programs

Topic Addressed: Freedom of Information Act
Letter dated March 27, 2001 to individual, (personally
identifiable information redacted), regarding factors that are
considered in determining whether fees can be waived under the Freedom
of Information Act (FOIA).

Miscellaneous

Topic Addressed: Multiple Chemical Sensitivity
Letter dated January 8, 2001 transmitting information to
school personnel, parents, and other interested individuals regarding
Multiple Chemical Sensitivity (MCS).

Dated: June 6, 2001.
Francis V. Corrigan,
Deputy Director, National Institute on Disability and Rehabilitation
Research.
[FR Doc. 01-14676 Filed 6-11-01; 8:45 am]
BILLING CODE 4000-01-U



 

 

4th QTr, 2001

[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Notices]
[Page 14922-14923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr02-45]

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

 
Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from October 1, 2001 through December
31, 2001.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the

[[Page 14923]]

Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
    If you use a telecommunications device for the deaf (TDD) you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.
    Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION:
    The following list identifies correspondence from the Department
issued from October 1, 2001 through December 31, 2001.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part B; Assistance for Education of All Children with Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Section 619--Preschool Grants

Topic Addressed: Allocation of Grants
     Letter dated December 18, 2001 to U.S. Congressman Charles
F. Bass, regarding implementation of the Preschool Grants and
Assistance to States formulas and the options available for
distribution of funds under sections 611 and 619.

Section 612--State Eligibility.

Topic Addressed: Confidentiality of Education Records
     Letter dated December 4, 2001 to U.S. Congressman Roscoe
E. Bartlett from Family Policy Compliance Office Director LeRoy Rooker,
regarding the circumstances under which an educational agency can
permit the disclosure of education records without prior written
parental consent.
Topic Addressed: Children In Private Schools
     Letter dated October 4, 2001 to individual, (personally
identifiable information redacted), clarifying that there is no
inconsistency between the statute and the regulations implementing IDEA
regarding the extent of rights available to parentally-placed private
school children with disabilities and their parents.
Topic Addressed: State Educational Agency General Supervisory Authority
     Letter dated November 6, 2001 to Ohio Department of
Education Interim Director of the Office for Exceptional Children Ed
Kapel, regarding a State's obligation to resolve complaints in
accordance with the complaint requirements in Part B within the
required timeline.
Topic Addressed: Assessments
     Letter dated October 10, 2001 to U.S. Congressman Curt
Weldon, regarding the Federal requirements for including children with
disabilities in assessments and the implementation of the IDEA
provisions related to alternate assessments.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements.

Topic Addressed: Evaluations and Reevaluations
     Letter dated November 5, 2001 to New Jersey Department of
Education Commissioner Vito A. Gagliardi, Sr., regarding the IDEA Part
B requirement that parental consent must be obtained before the initial
evaluation, the reevaluation, and the provision of special education
and related services and the fact that Part B does not permit public
agencies to override a parent's refusal of consent for initial services
or to initiate a due process hearing if a parent refuses consent to the
initial provision of special education and related services.
Topic Addressed: Educational Placements
     Letter dated November 26, 2001 to Attorney Paul Veazey
regarding the role of the placement team, including the child's
parents, in the placement decision for a child with a disability and
the authority of a public agency to make an administrative
determination of the educational placement of a child with a disability
consistent with the placement team's decision.

Electronic Access to This Document

    You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
www.ed.gov/legislation/FedRegister/.
    To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-800-293-6498; or in
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is published in the
Federal Register. Free Internet access to the official edition of
the Federal Register and the Code of Federal Regulations is
available on GPO Access at: http://www.access.gpo.gov/nara/
index.html.

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities.)

    Dated: March 22, 2002.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 02-7473 Filed 3-27-02; 8:45 am]
BILLING CODE 4000-01-P


4th qtr 2000

[Federal Register: March 22, 2001 (Volume 66, Number 56)]
[Notices]
[Page 16099-16101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr01-107]
[[Page 16099]]
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Part II
Department of Education
-----------------------------------------------------------------------
Office of Special Education and Rehabilitative Services; List of
Correspondence; Notice
[[Page 16100]]
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from October 1, 2000 through December
31, 2000.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507. If you use a telecommunications device for
the deaf (TDD) you may call (202) 205-5465 or the Federal Information
Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between October 1, 2000 and December 31,
2000.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Child with a Disability
Letter dated November 21, 2000 to U.S. Congressman Peter
Hoekstra regarding the appropriate roles of educators and physicians in
respectively providing Part B services to, and conducting medical
diagnoses of, students with attention deficit disorder (ADD) or
attention deficit hyperactivity disorder (ADHD).

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Section 619--Preschool Grants

Topic Addressed: Use of Funds
Letters dated December 12, 2000 to individuals,
(personally identifiable information redacted), regarding revisions to
the formula for distribution of funds awarded under Part B of IDEA and
increases in Federal funding levels for special education programs.

Section 612--State Eligibility

Topic Addressed: Confidentiality
Letters dated October 26, 2000 to U.S. Congressman Peter
Hoekstra and to U.S. Congressman Bob Schaffer regarding privacy
requirements that ensure the confidentiality of student information
collected by the Department in connection with all surveys and
information collections.
Topic Addressed: Children in Private Schools
Letter dated October 2, 2000 to Attorney Michael I.
Inzelbuch regarding the ability of a hearing officer to require a
school district to provide Part B services to children in parochial
private school settings and the need to review on a case-by-case basis
applicable law including the establishment of religion clause of the
First Amendment of the U.S. Constitution.
Topic Addressed: State Educational Agency General Supervisory Authority
Letter dated December 12, 2000 to individual, (personally
identifiable information redacted), regarding the provisions in the
IDEA Amendments of 1997 that reduce unnecessary paperwork.
Letter dated December 20, 2000 to U.S. Senator John
Edwards clarifying that, to reduce paperwork, there is no requirement
that school districts use any specific forms as long as their content
is consistent with the IDEA Amendments of 1997.
Topic Addressed: Information Required for Receipt of Grant Awards
OSEP memorandum 01-4 dated November 9, 2000 regarding
procedures for States to follow to receive a grant award under sections
611 and 619 of Part B of IDEA for Federal Fiscal Year 2001.
Topic Addressed: Interagency Coordination
Letter dated December 27, 2000 to Oregon Department of
Education Executive Legal Officer, C. Gregory McMurdo, regarding
interagency agreements and financial responsibility under Part B of the
IDEA and the Rehabilitation Act of 1973 with regard to transition
services for students with disabilities.

Section 615--Procedural Safeguards

Topic Addressed: Mediation
OSEP memorandum 01-5 dated November 30, 2000 restating and
consolidating the Department's guidance regarding mediation under Part
B of IDEA.
Topic Addressed: Due Process Hearings
Letter dated October 19, 2000 to Attorney Winona W.
Zimberlin regarding Connecticut's statutory provisions (a) establishing
a two-year limit for requesting a due process hearing; (b) prohibiting
the introduction of issues at a hearing that were not previously raised
in a planning and placement team meeting; and (c) enabling hearing
officers to comment on the conduct of due process proceedings.
Letter dated November 22, 2000 to Vermont State Department
of Education Legal Counsel, John A. Nelson, regarding the requirement
to provide parents with transcripts of due process hearings at no cost.
Topic Addressed: Student Discipline
Letter dated December 20, 2000 to U.S. Senator Bob Graham
regarding the types of disciplinary removals that are available under
IDEA '97, including placement in interim alternative educational
settings.

Part C--Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Payor of Last Resort
Letter dated December 19, 2000 to Office of CHAMPUS
Management Activity regarding proposed CHAMPUS regulations (including
its ``pay first'' and ``medical services'' provisions) and their
relationship to Part C's ``payor of last resort'' and other provisions.
Topic Addressed: State Lead Agency General Supervisory Responsibility
Letter dated October 19, 2000 to Louisiana Department of
Education Superintendent, Cecil Picard, regarding the lead agency's
responsibility under

[[Page 16101]]

Part C concerning general administration and supervision, together with
assigning financial responsibility among appropriate agencies.
Topic Addressed: State Interagency Coordinating Council
OSEP memorandum 01-2 dated November 8, 2000 regarding the
requirements for submitting annual performance reports, and clarifying
that a single report can be used to satisfy both the Education
Department General Regulations (EDGAR) and the Part C ICC reporting
requirements.
Topic Addressed: Natural Environments
Letter dated November 1, 2000 to individual, (personally
identifiable information redacted), regarding the requirements of
providing early intervention services in natural environments and
including appropriate justifications on the individualized family
service plan (IFSP).
Topic Addressed: State Application and Assurances
OSEP memorandum 01-3 dated November 8, 2000 regarding
procedures for receiving Part C grant awards for Fiscal Year 2001.

Other Letters Relevant to the Administration of Idea Programs

Topic Addressed: Promotion and Retention
Letter dated November 9, 2000 to individual, (personally
identifiable information redacted), regarding the relevance of Part B
provisions on the individualized education program (IEP), the IEP team,
educational placement, and procedural safeguards to promotion and
retention decisions.


Dated: March 19, 2001.
Andrew Pepin,
Executive Administrator, Office of Special Education and Rehabilitative
Services.
[FR Doc. 01-7125 Filed 3-21-01; 8:45 am]
BILLING CODE 4000-01-U



3rd qtr 2000

[Federal Register: March 9, 2001 (Volume 66, Number 47)]
[Notices]
[Page 14291-14293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr01-160]
[[Page 14291]]
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Department of Education
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Office of Special Education and Rehabilitative Services; List of
Correspondence; Notice
[[Page 14292]]
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DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from July 1, 2000 through September 30,
2000.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507. If you use a telecommunications device for
the deaf (TDD) you may call (202) 205-5465 or the Federal Information
Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between July 1, 2000 through September 30,
2000.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
Letter dated July 25, 2000 to individual, (personally
identifiable information redacted), regarding the provision of
appropriate instructional methodologies, educational services, and
placements under individualized education programs (IEP) for children
with autism.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations.

Section 619--Preschool Grants.

Topic Addressed: Allocation of Grants
Letter dated July 28, 2000 to Wyoming Department of
Education Special Programs Unit Director, Rebecca Walk, regarding
Wyoming's implementation of the new Preschool Grants and Grants to
States formulas and the options available for distribution of funds
under sections 611 and 619.
Letter dated September 18, 2000 to Arizona Superintendent
of Public Instruction, Lisa Graham Keegan, regarding adjustments to
Arizona's distribution of the population payment allocation under
sections 611 and 619.
Topic Addressed: Use of Funds
Letter dated July 20, 2000 to U.S. Senator John Breaux
regarding the availability of Part B funds to purchase playground
equipment.
Letter dated September 21, 2000 to Louisiana State
Director of Special Education, Virginia C. Beridon, regarding the
availability of pre-award costs and Part B funds under the Cash
Management Improvement Act of 1990 and the Education Department General
Administrative Regulations (EDGAR).
Topic Addressed: Authorization of Appropriations
Memorandum dated August 29, 2000 to Governors and Chief
State School Officers regarding nonregulatory guidance pertaining to
Federal education programs, including section 611 of IDEA, with advance
appropriations in fiscal year (FY) 2000.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
Letter dated August 22, 2000 to Illinois State Board of
Education Special Education Director, Dr. Gordon M. Riffel, regarding
the availability of compensatory education services after the right to
a free appropriate public education (FAPE) has terminated.
Topic Addressed: Procedural Safeguards
OSEP memorandum 00-20 dated July 17, 2000 to Chief State
School Officers regarding State complaint resolution procedures under
Part B of IDEA.
Letter dated July 25, 2000 to U.S. Representative Sue
Myrick regarding options available to parents to resolve disputes
relating to the identification, evaluation, educational placement, or
provision of FAPE to a child with a disability and in addressing such
concerns as they relate to an existing school's compliance with the
IDEA's least restrictive environment requirements.
Topic Addressed: Confidentiality
Letter dated July 20, 2000 to the Honorable Kenneth Apfel,
Social Security Administration Commissioner, regarding applicability of
the Family Educational Rights and Privacy Act's (FERPA) consent and
IDEA, Part B's confidentiality provisions to disclosure of personally
identifiable information contained in education records in order to
determine the eligibility of children with disabilities for benefits
under the Supplemental Security Income program.
Topic Addressed: General Supervision
Letter dated June 20, 2000 to U.S. Congressman Charles W.
Stenholm regarding the flexibility Federal regulations provide States
in establishing due process and alternative dispute resolution
mechanisms.
Topic Addressed: Assessments
OSEP memorandum 00-24 dated August 24, 2000 to State
Directors of Special Education clarifying requirements for including
students with disabilities in State and district-wide assessments.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
Letter dated July 20, 2000 to individual, (personally
identifiable information redacted), regarding the status of charter
schools established as local educational agencies (LEAs) in the
District of Columbia, a jurisdiction that performs both State and local
functions, and the procedural safeguards available to parents of
children with disabilities who attend these charter schools.

Section 615--Procedural Safeguards

Topic Addressed: Manifestation Determination Review
Letter dated July 25, 2000 to David P. Osterhout
clarifying the circumstances that constitute a change in placement that
would trigger a manifestation determination review and the use of
positive behavioral interventions, strategies, and supports to address
the needs of students with behavioral issues.

[[Page 14293]]

Topic Addressed: Transfer of Rights
Letter dated July 20, 2000 to Kansas State Department of
Education General Counsel, Rodney J. Bieker, regarding the
circumstances under which a school district can, without the consent of
the student to whom educational rights have transferred, invite the
student's parents to an IEP meeting or disclose information from the
student's educational records to the parents.
Topic Addressed: Student Discipline
Letter dated August 3, 2000 to Kansas State Department of
Education General Counsel, Rodney J. Bieker, regarding calculating
disciplinary removals of up to 10 school days in determining whether a
change in placement has occurred.
Letter dated August 11, 2000 to U.S. Representative J.D.
Hayworth regarding the options available to school authorities in
disciplining students with disabilities under IDEA, Part B and the
Americans with Disabilities Act and whether parents of other students
have the right to be notified of incidents involving unusual or
threatening behavior by students with disabilities given the
confidentiality requirements under IDEA, Part B and FERPA.

PART C--Infants and Toddlers with Disabilities

Sections 631-641

Topic Addressed: Definitions
Letter dated September 18, 2000 to Illinois Department of
Human Services Secretary, Linda Renee Baker, regarding the State's
inability to serve as a ``parent'' under the Part C regulatory
definition for a child who is a ``ward'' of the State.
Topic Addressed: Early Intervention Services
Letter dated August 16, 2000 to Bureau of Indian Affairs
Education Specialist, Julie Goings, regarding the role and
responsibilities of the Bureau of Indian Affairs, States and tribes in
providing services to children with disabilities from birth to age five
who are members of the tribe.
Topic Addressed: Infant or Toddler With a Disability
Letter dated September 25, 2000 to individual, (personally
identifiable information redacted), regarding the flexibility Part C
provides States in defining the developmental delay category of
eligibility of infants and toddlers with disabilities and in
establishing standards that exceed Federal requirements.
Topic Addressed: Procedural Safeguards
OSEP memorandum 00-21 dated July 17, 2000 to Chief State
School Officers regarding guidance on State complaint resolution
procedures under Part C of IDEA.
Topic Addressed: Federal Interagency Coordinating Council
Letter dated August 11, 2000 regarding application of
Section 644 of the IDEA and other Federal requirements to activities of
the Federal Interagency Coordinating Council.

Part D--National Activities To Improve Education of Children With
Disabilities

Subpart 1--State Program Improvement Grants for Children With
Disabilities

Section 653--Applications

Topic Addressed: Information About State Program Improvement Grants
OSEP memorandum 00-25 dated September 28, 2000 to State
Directors of Special Education regarding the State Improvement Grant
application process and procedures.

Other Letters Relevant to the Administration of Idea Programs

Topic Addressed: Disability Harassment
Dear Colleague Letter dated July 25, 2000 providing an
overview of the existing legal and educational principles related to
disability harassment.


Dated: March 5, 2001.
Andrew J. Pepin,
Executive Administrator, Office of Special Education and Rehabilitative
Services.
[FR Doc. 01-5778 Filed 3-8-01; 8:45 am]
BILLING CODE 4000-01-P






2nd qtr 2000

Federal Register: December 29, 2000 (Volume 65, Number 251)]
[Notices]
[Page 83217-83219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de00-129]
 

[[Page 83217]]

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Part IV
 
 
 
 

Department of Education
 
 
 
 

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Office of Special Education and Rehabilitative Services; List of
Correspondence; Notice
 

[[Page 83218]]
 

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DEPARTMENT OF EDUCATION

 
Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from April 1, 2000 through June 30,
2000.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507. If you use a telecommunications device for
the deaf (TDD) you may call (202) 205-5465 or the Federal Information
Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between April 1, 2000 through June 30, 2000.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A: General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
     Letter dated June 3, 2000 to individual, (personally
identifiable information redacted), regarding the obligation of States
and LEAs to appropriately evaluate children with attention deficit
hyperactive disorder (ADHD) under Part B of IDEA, and clarifying the
relationship of relevant State requirements to applicable Part B
requirements.
Topic Addressed: Educating Children With Particular Disabilities
     Notice of Policy Guidance dated June 5, 2000 entitled
``Educating Blind and Visually Impaired Students: Policy Guidance,''
updating guidance issued in 1995 for consistency with the IDEA
Amendments of 1997.

Part B: Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Distribution of Funds
     OSEP memorandum 00-15 dated May 18, 2000 regarding formula
allocations to States and required adjustments to the December 1, 1998
child count.
     OSEP memorandum 00-17 dated June 26, 2000 regarding
implementation of the new funding formula under IDEA and the year of
age cohorts for which FAPE is ensured.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
     Letter dated June 9, 2000 to American Music Therapy
Association Executive Director Andrea H. Farbman regarding the
provision of music therapy as a related service for students with
disabilities.
Topic Addressed: Least Restrictive Environment
     Letters dated May 22, 2000 to individuals (personally
identifiable information redacted), clarifying that under the IDEA
Amendments of 1997, the first placement option considered for each
disabled student is the regular classroom with appropriate
supplementary aids and services.
Topic Addressed: Children Enrolled By Their Parents In Private Schools
     OSEP memorandum 00-14 dated May 4, 2000 restating and
consolidating guidance on the nature and extent of school districts'
obligations to parentally-placed private school children under Part B.
Topic Addressed: Home-Schooling
     Letters dated April 20, 2000 and April 27, 2000 to
individuals, (personally identifiable information redacted), clarifying
the nature and extent of school districts' obligations to children with
disabilities who are home-schooled by their parents and that State law
determines whether home schools are included in the definition of
private schools.
Topic Addressed: State Educational Agency General Supervisory Authority
     Letter dated March 30, 2000 to Virgin Islands Department
of Health Commissioner William K. Callender and Department of Education
Commissioner Ruby Simmonds, regarding special conditions placed on
expenditure of funds because of these Virgin Island agencies' status as
high risk grantees.
     Letters dated June 21, 2000 to California Department of
Education Superintendent of Public Instruction Delaine Eastin and
Assistant Superintendent of Public Instruction Alice Parker, regarding
the status of California's compliance with the requirements of Part B
of IDEA.
Topic Addressed: Information Required for Receipt of Grant Awards
     OSEP memorandum 00-16 dated June 13, 2000 regarding review
of eligibility documents and issuance of grant awards to States for
Federal Fiscal Year 2000.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
     Letter dated April 20, 2000 to Louisiana Department of
Education Deputy Superintendent Marlyn Langley, clarifying the basis
under which an SEA can distribute sliver grants and set-aside funds to
charter schools that are established as LEAs.
Topic Addressed: Use of Federal Funds
     Letter dated May 12, 2000 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, clarifying that a
State cannot require an LEA to use its Part B flow-through funds to
make payments to a private school that provided special education and
related services to a child with a disability.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and educational placements.

Topic Addressed: Evaluations and Reevaluations
     Letters dated March 29, 2000 to Michigan Department of
Education Special Education Services Director Jacquelyn J. Thompson and
to individuals (personally identifiable information redacted), and June
27, 2000 to U.S. Senator Don Nickles, regarding requirements applicable
to a

[[Page 83219]]

parent's right to an independent educational evaluation at public
expense.
     Letter dated June 7, 2000 to Attorney Jennifer L. Scheinz
clarifying that parents who disagree with a functional behavioral
assessment which is not part of an initial evaluation, a required
reevaluation, or in response to any disciplinary action, but is
conducted to develop an appropriate IEP, are entitled to an independent
educational evaluation at public expense.
Topic Addressed: Individualized Education Programs
     Letter dated May 26, 2000 to Pennsylvania School
Counselors Association Executive Director Robert B. Cormany regarding
the use of school counselors as public agency representatives on the
IEP team.
     OSEP memo 00-19 dated June 30, 2000 regarding guidance on
the Part B IEP requirements for children with disabilities, including
preschool-aged children.

Section 615--Procedural Safeguards

Topic Addressed: Prior Written Notice
     Letter dated April 20, 2000 to individual, (personally
identifiable information redacted), regarding the requirement for prior
written notice before a change in educational placement.
Topic Addressed: Due Process Hearings
     Letter dated May 1, 2000; to Paul L. Erickson, Esquire,
regarding North Carolina's application of a 60-day limitation period to
administrative reviews for all claims under IDEA.

Part C: Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Provision of A Free Appropriate Public Education to
Children With Disabilities Below Age 3
     Letter dated May 17, 2000 to Vermont Department of
Education Manager for Special Education Susan Cano, clarifying that
when a child below age three receives FAPE, States must comply with the
requirements of: (1) Both Parts B and C of IDEA when Part B funds are
used, and (2) with Part C even if no IDEA Part B or C funds are used
for that child as long as the State receives any Part C funds.
Topic Addressed: Natural Environments
     Letter dated May 12, 2000 to individual (personally
identifiable information redacted), regarding a State's responsibility
to ensure the provision of early intervention services in natural
environments, to the maximum extent appropriate to the needs of the
child, and the Individualized Family Service Plan Team's responsibility
to determine the location in which those services are provided.

Electronic Access to This Document

    You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

To use PDF you must have Adobe Acrobat Reader, which is available free
at either of the previous sites. If you have questions about using PDF,
call the U.S. Government Printing Office (GPO), toll free, at 1-800-
293-6498; or in the Washington, DC, area at (202) 512-1530. 1

    Note: The official version of this document is published in the
Federal Register. Free Internet access to the official edition of
the Federal Register and the Code of Federal Regulations is
available on GPO Access at: http://www.access.gpo.gov/nara/
index.html

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)

    Dated: December 21, 2000.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 00-33131 Filed 12-28-00; 8:45 am]
BILLING CODE 4000-01-P


1st qtr  2000

[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Notices]
[Page 36037-36040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-172]


[[Page 36037]]

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Part V

Department of Education
-----------------------------------------------------------------------

List of Correspondence--Office of Special Education and Rehabilitative
Services; Notice


[[Page 36038]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


List of Correspondence--Office of Special Education and
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of correspondence from January 3, 2000 through March 31,
2000.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday, except Federal holidays.
Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between January 3, 2000 through March 31,
2000.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A: General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
* Letter dated March 24, 2000 to individual, (personally
identifiable information redacted), regarding school districts'
obligations to appropriately evaluate children with attention deficit
disorder (ADD) under Part B of IDEA, and clarifying applicable
requirements under Part B of IDEA for children who have a prior medical
diagnosis of ADD and the relationship of relevant State requirements to
applicable Part B requirements.
* Letter dated March 24, 2000 to Education Consultant and
Advocate Michele Williams, regarding identification, evaluation,
eligibility, and the provision of appropriate services and
interventions in the least restrictive setting for children with
Asperger's Syndrome determined eligible for services under Part B of
IDEA.

Part B: Assistance for Education of all Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Use of Funds
* Letter dated February 7, 2000 to California State
Department of Education Special Education Director Dr. Alice Parker,
regarding a finding in a Federal Fiscal Year (FFY) 1996 audit report
questioning the use of Part B of IDEA funds to pay parents' or
guardians' attorneys' fees in lawsuits against the State and clarifying
that the IDEA March 12, 1999 final regulations explicitly prohibit
using Part B of IDEA funds to pay attorneys' fees.
* Letter dated March 8, 2000 to U.S. Senator Bob Graham,
explaining that the Department does not provide Federal funds directly
to parents, private schools, or a local educational agency (LEA) to pay
the cost of special education programs for children with disabilities,
but that State, local, or private sources of support may be available
for this purpose.
Topic Addressed: Eligible Entities
* Letter dated March 15, 2000 to the Office of U.S. Senator
Don Nickles, regarding eligibility of State-supported schools for
Federal education program funds, clarifying that a State-supported
school cannot be made eligible for these funds in the absence of
authorizing legislation, and that under many Federal programs,
including Part B of IDEA, State-supported schools can be eligible for
funds if they qualify as local school districts.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
* Letter dated March 29, 2000 to Michigan Protection and
Advocacy Attorney Stewart R. Hakola, regarding Michigan's School-of-
Choice legislation, and clarifying that (1) States may establish
mechanisms to ensure that students with disabilities attending public
school choice programs retain the right to a free appropriate public
education (FAPE), and (2) the Department's view that a provision in the
Michigan law requiring a written agreement between the resident
district and the non-resident district regarding the provision of FAPE
for any student with a disability who is enrolled in a non-resident
school or program does not violate Part B of IDEA or Section 504 of the
Rehabilitation Act of 1973.
* Letter dated March 20, 2000 to Illinois State Board of
Education Special Education Director Dr. Gordon M. Riffel, clarifying
that there is no provision in Part B of IDEA that would permit a school
district to make the award of compensatory services to a student with a
disability contingent on the student's delaying graduation from high
school, when a determination has been made as a result of a complaint
resolution that compensatory services are necessary to remedy the
denial of FAPE to that student.
Topic Addressed: Children With Disabilities Placed in Private Schools
by Their Parents
* Letter dated January 21, 2000 to U.S. Congressman David L.
Hobson, regarding a parent's request for speech services for their
child with a disability who is parentally-placed at a private school,
and clarifying that the March 12, 1999 final regulations regarding the
participation of parentally-placed private school children with
disabilities accurately reflect the applicable statutory provision in
the IDEA Amendments of 1997 and the Department's longstanding
interpretations of the relevant statutory and regulatory requirements
regarding the participation of these children in programs assisted or
carried out under Part B of IDEA.
Topic Addressed: State Educational Agency General Supervisory
Responsibility
* Letter dated February 9, 2000 to Massachusetts Department
of Education Program and Quality Assurance Administrator John Stager,
regarding the State's obligation to recover the Part B of IDEA funds
received by the Boston Renaissance Charter School because the charter
school counted children with disabilities but did not produce required
documentation that those children had received appropriate special
education and related services.

[[Page 36039]]

* Letter dated February 10, 2000 to Lawrence M. Siegel,
Esq., explaining the Department's view that a State complaint unit's
decision--which found that a complaint did not allege a violation of
Part B of IDEA--was valid, since the issue raised in the particular
complaint concerned the district's alleged failure to provide services
for a student with a disability in the succeeding school year.
* Letter dated February 10, 2000 to Maryland State
Department of Education Special Education Assistant Superintendent
Carol Ann Baglin, regarding the State's authority to require a
corrective action in resolving a complaint against a school district
which prohibits that district from allowing parents to voluntarily
waive their right to receive a copy of procedural safeguards available
to parents under Part B of IDEA, since the statute specifies the times
when the procedural safeguards notice must be provided and does not
authorize any exceptions.
* Letter dated February 28, 2000 to Alaska Department of
Education and Early Development Commissioner Richard S. Cross,
informing Alaska that, despite the unique circumstances set out in its
inquiry, there is no authority in IDEA for the Department to grant a
State a waiver of the requirement that it revise its State statutes to
comply with the requirements of the IDEA Amendments of 1997 in order
for the State to receive its Part B of IDEA grant awards for FFY 2000.
* Letter dated March 27, 2000 to Virginia Department of
Education Acting Superintendent Dr. Jo Lynne DeMary, informing the
Virginia Department of Education that (1) its failure to comply with
the regulation at 34 CFR 300.514(c)--which addresses what constitutes a
child's ``stay-put'' or ``pendency'' placement if the decision of a
hearing officer in a due process hearing conducted by the SEA or a
State review official in an administrative appeal agrees with the
child's parents that a change of placement is appropriate--could result
in enforcement action against the State, and (2) compliance with this
regulation, which is a valid and appropriate exercise of the
Department's regulatory authority, is required of all States receiving
IDEA funds.
Topic Addressed: Coordinated Services
* Memorandum to Chief State School Officers dated January
24, 2000, regarding distribution of Office of Special Education
Programs (OSEP) Memorandum 00-7 dated January 13, 2000 to State
Directors of Special Education, which explains five provisions in the
IDEA Amendments of 1997 that enhance coordinated services and are
designed to improve results for students with disabilities.
Topic Addressed: Participation in State and District-Wide Assessment
Programs
* Letter dated February 4, 2000 to individual, (personally
identifiable information redacted), regarding the importance of
ensuring that students with disabilities are fully included in the
benefits of State and district-wide assessment programs and that States
that report data about the performance of nondisabled children on
assessments at the district or State level must also do so for disabled
children.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
* Letter dated March 31, 2000 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, clarifying that an
LEA is not required to distribute Part B of IDEA flow-through funds to
charter schools that are not established as LEAs or as public schools
of the LEA.

Section 615--Procedural Safeguards

Topic Addressed: Student Discipline
* Letter dated February 4, 2000 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in appropriately educating a disabled student whose
continued presence in a classroom may pose a threat to school safety.
* Letter dated February 4, 2000 to U.S. Congressman Ronnie
Shows, regarding a perceived disparity in procedures for disciplining
disabled and nondisabled students, and providing an explanation of the
requirements of the IDEA Amendments of 1997 that govern disciplining
disabled students.
* Letter dated February 16, 2000 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining students with disabilities.
* Letter dated March 15, 2000 to individual, (personally
identifiable information redacted), regarding options available to
parents in resolving disagreements with a school district over the
requirements of Part B of IDEA even if criminal charges are pending
against a student, and explaining that (1) Part B of IDEA does not
prohibit a State or local school district from reporting a crime
committed by a student with a disability to appropriate State law
enforcement or judicial authorities, and (2) a hearing officer is not
considered an employee of a local school district merely because the
hearing officer is paid to conduct the hearing.
* Letter dated March 15, 2000 to Louisiana State
Superintendent Cecil Picard, clarifying that (1) the statutory
provision requiring a school district to ask a hearing officer, in lieu
of permitting school officials unilaterally, to order the removal of a
child who is potentially dangerous to an appropriate interim
alternative educational setting for up to 45 days strikes an
appropriate balance between the need to provide school officials
increased flexibility in dealing with school safety while maintaining
due process and procedural protections for children with disabilities
and their parents, and (2) regardless of available Federal special
education funding, States have flexibility in accessing existing State
and Federal programs to fund special education services.

Part C: Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Natural Environments
* Letters dated March 21, 2000 to U.S. Senator Dianne
Feinstein, responding to separate inquiries from constituents,
regarding the history and changes to the natural environments
requirements of Part C of IDEA since the law was originally enacted,
and clarifying that the need for parent networking and parent training
could be addressed through the provision of appropriate services in the
child's individualized family services plan (IFSP).
* Letter dated March 21, 2000 to U.S. Congressman Mike
Thompson, regarding the history of and changes to the natural
environments provisions of Part C of IDEA and the requirement that
decisions about the provision of required early intervention services
in natural environments must be individually determined by the child's
IFSP team, and clarifying that determinations regarding services,
including services for parents and the location of services to a child,
are made by the child's IFSP team.
* Letter dated March 21, 2000 to U.S. Congresswoman Lynn
Woolsey, regarding the natural environments provision of Part C of
IDEA, and clarifying, in general, that providing services to an infant
or toddler with a disability in a setting such as a center-based
program that is limited exclusively to infants and toddlers with
disabilities would not constitute a

[[Page 36040]]

natural environment, but that early intervention services may be
provided in a center-based program serving only children with
disabilities, if the IFSP team justifies in the IFSP that this location
is necessary to meet the individual needs of a child for a particular
service.

Section 640--Payor of Last Resort

Topic Addressed: Use of Family's Public and Private Insurance for Early
Intervention Services
* Letter dated March 22, 2000 to Illinois Department of
Human Services Director of Community Health and Prevention James R.
Nelson, explaining that (1) with respect to the use of a family's
private insurance for services under Part C of IDEA, pending further
regulatory action, the Department will accept a State's reasonable
interpretation of Part C of IDEA, including OSEP's prior policy letters
and the position set out in the Department's Notice of Proposed
Rulemaking on this issue; (2) with respect to the use of public
insurance, Part C of IDEA funds are the payor of last resort; and (3)
if a family does not permit access to its Medicaid payments, Part C of
IDEA requires that a State ensure that the inability of a family to pay
for required services does not result in the denial of services under
Part C of IDEA to the child or to the child's family.

Part D: National Activities To Improve Education of Children With
Disabilities

Subpart 1--State Program Improvement Grants for Children With
Disabilities

Section 653--Applications

Topic Addressed: Information About State Program Improvement Grants
* Letter dated March 24, 2000 to individual, (personally
identifiable information redacted), clarifying that (1) State Program
Improvement Grants, authorized by Part D of IDEA, are discretionary
grants that are not intended to provide direct services to children
with disabilities, and (2) Part D of IDEA does not require a State to
establish its own regulations to administer this grant program.

Miscellaneous

Topic Addressed: Inapplicability of the Least Restrictive Environment
and Discipline Requirements of Part B of IDEA to College Students
* Letter dated February 10, 2000 to individual, (personally
identifiable information redacted), clarifying that the least
restrictive environment (LRE) and discipline provisions of Part B of
IDEA do not apply to college students since the Part B of IDEA
regulations provide that a disabled student's graduation from high
school with a regular high school diploma ends the student's
entitlement to FAPE, and noting that some of the issues regarding the
provision of postsecondary services to students with disabilities may
be within the jurisdiction of the Department's Office for Civil Rights.


Dated: May 31, 2000.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 00-14074 Filed 6-5-00; 8:45 am]
BILLING CODE 4000-01-U



4th qtr 1999

[Federal Register: April 11, 2000 (Volume 65, Number 70)]
[Notices]
[Page 19635-19637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap00-154]
 

[[Page 19635]]

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Part IX

Department of Education
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Office of Special Education and Rehabilitative Services; List of
Correspondence; Notice
 

[[Page 19636]]
 

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DEPARTMENT OF EDUCATION

 
Office of Special Education and Rehabilitative Services List of
Correspondence

AGENCY: Department of Education.

ACTION: List of Correspondence from October 1, 1999 through December
31, 1999.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m.
and 8:00 p.m., Eastern time, Monday through Friday, except Federal
holidays.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between October 1, 1999 and December 31,
1999.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Policy Interpretation Under Part B of the Individuals
With Disabilities Education Act
    * OSEP memorandum 00-1 dated October 7, 1999 to Chief State
School Officers, regarding the determination that the letter dated
October 8, 1998 to Wisconsin Superintendent of Public Instruction John
T. Benson regarding public charter schools contained an interpretation
that raised an issue of national significance to the implementation of
Part B of IDEA.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Use of Funds
    * Letter dated December 27, 1999 to Northern Mariana Islands
Federal Program Officer William Matson, regarding whether use of Part B
funds for the purchase of a school bus to be used exclusively to meet
the special needs of eligible disabled students is an allowable cost.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    * Letter dated November 8, 1999 to Fredric B. Garner, M.D.,
clarifying that decisions about services provided to each child must be
based on each child's special education and related services needs, and
that the entitlement under Part B of IDEA is to a free appropriate
public education, and not to a particular label.
Topic Addressed: Least Restrictive Environment
    * Letter dated November 19, 1999 to Montgomery County
Maryland Public Schools Department of Special Education Director
Raymond W. Bryant, regarding the application of the least restrictive
environment requirements to the proposed movement of children with
disabilities from special education centers to other settings,
including requirements to make available a continuum of alternative
placements and to give parents written prior notice in accordance with
the change of placement procedures.
    * Letter dated December 27, 1999 to individual, (personally
identifiable information redacted), regarding whether a State is
compelled to maintain a special or residential school placement within
a State if an appropriate placement for a child with a disability is
available at no cost to the parents.
Topic Addressed: Children With Disabilities Placed in Private Schools
by Their Parents
    * Letter dated November 15, 1999 to Baton Rouge, Louisiana
Special Education Department Director Sharon M. Crary, regarding the
requirement for public agencies to expend a proportionate share of
available Federal funds on services for parentally-placed private
school children with disabilities, even though districts can count for
purposes of generating Part B funds only those parentally-placed
private school children with disabilities whom they are serving, and
clarifying the two required child counts for these children.
Topic Addressed: State Educational Agency General Supervisory
Responsibility
    * Letter dated October 29, 1999 to Washington State Director
of Special Education Douglas Gill, responding to an inquiry about the
doctrine of res judicata and clarifying that a State is not relieved of
its obligation to resolve an issue raised in a complaint filed with the
State if the merits of that issue were not decided in a prior due
process hearing involving the same parties.
    * Letter dated December 3, 1999 to California Department of
Education Chief Deputy Superintendent Leslie Fausset, regarding the
State's longstanding failure to exercise its general supervisory
responsibility effectively through a corrective action plan to achieve
State-wide compliance and the State's tardiness in submitting a report
as required under the special conditions to its Federal Fiscal Year
(FFY) 1999 Part B of IDEA grant award.
    * Letter dated December 17, 1999 to Attorney Marc Grober
regarding requirements for States receiving IDEA FFY 1998 and FFY 1999
Part B funds to provide assurances in order to comply with the IDEA
Amendments of 1997.
    * Letter dated December 27, 1999 to Pennsylvania Big Spring
School District Superintendent Dr. William Kerr Cowden, regarding the
provisions in the IDEA Amendments of 1997 that reduce unnecessary
paperwork, and clarifying that States may impose their own requirements
to govern the education of students with disabilities, as long as those
State requirements are not in conflict with Federal requirements.
Topic Addressed: Personnel Standards
    * Letter dated December 1, 1999 to individual (personally
identifiable

[[Page 19637]]

information redacted), regarding personnel shortages of special
education teachers in New Hampshire and the provisions under the IDEA
Amendments of 1997 that may relate to such shortages.
Topic Addressed: Information Required for State Program Grants
    * OSEP memorandum 00-4 dated November 3, 1999 to State
Directors of Special Education, clarifying the eligibility
documentation and public participation requirements that States must
meet to comply with Part B of IDEA.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Individualized Education Programs
    * Letter dated October 6, 1999 to Winston-Salem and Forsyth
County Schools, North Carolina Attorney Douglas S. Punger, regarding
the ability of the parents of a child with autism to invite parents of
other students with disabilities to their child's individualized
education program (IEP) meeting, and the responsibility of the IEP team
to determine, if appropriate, whether a child with autism should
receive applied behavioral analysis.

Section 615--Procedural Safeguards

Topic Addressed: Student Discipline
    * Letter dated December 7, 1999 to Iacocca Professor of
Education Perry A. Zirkel, regarding the requirements in the IDEA
Amendments of 1997 and the March 12, 1999 final regulations that are
applicable to students with disabilities removed from their current
placements for more than 10 school days in a school year.

Section 619--Preschool Grants

Topic Addressed: Procedures for Allocating Preschool Grants
    * Letter dated October 21, 1999 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, regarding New York's
distribution of section 619 funds to eligible entities, and confirming
that ineligible entities cannot receive future awards under the
Preschool Grants program.
    * Letter dated November 24, 1999 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, regarding the
State's discretion to require its local educational agencies that place
preschool age students with disabilities in approved private preschool
special education programs to provide those programs with an amount
equal to the flow-through dollars generated by the individual students,
and clarifying that if LEAs provide section 619 funds to those schools,
those funds must be used in accordance with the requirements of Part B
of IDEA, including the applicable cost principles.

Part C--Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Definitions
    * Letter dated December 15, 1999 to Permanent Judicial
Commission on Justice for Children Member Sheryl Dicker, clarifying
that the Part C regulatory definition of ``parent,'' like the statutory
definition applicable under both Parts B and C of IDEA, does not
include the ``State'' if the State is the child's guardian.

Section 635--Requirements for Statewide System

Topic Addressed: State Lead Agency General Supervisory Responsibility
    * Letter dated December 15, 1999 to Mississippi State Health
Officer Dr. E.F. Thompson, Jr., regarding a Part C State lead agency's
general supervisory responsibility to ensure State-wide compliance
within its Part C system and to identify whether deficiencies in some
districts exist in other districts and to correct all identified
deficiencies.

Section 640--Payor of Last Resort

Topic Addressed: Payments by CHAMPUS and TRICARE Program Funds for
Early Intervention Services
    * Letter dated December 21, 1999 to TRICARE Management
Activity, requesting clarification of, and amendment to, a Department
of Defense proposed regulation to provide that CHAMPUS and TRICARE is
first payor for early intervention services under Part C of IDEA, as
required by the IDEA Amendments of 1997.

Electronic Access to This Document

    You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:
    http://ocfo.ed.gov/fedreg.htm
    http://www.ed.gov/news.html
    To use the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the PDF, call the U.S. Government Printing
Office (GPO), toll free, at 1-800-293-6498; or in the Washington, DC,
area at (202) 512-1530.

    Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html.
 

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)

    Dated: April 6, 2000.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitation
Services.
[FR Doc. 00-8962 Filed 4-10-00; 8:45 am]
BILLING CODE 4000-01-U


3rd qtr 1999

[Federal Register: March 17, 2000 (Volume 65, Number 53)]
[Notices]
[Page 14547-14549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr00-63]

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DEPARTMENT OF EDUCATION
 

Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from July 1, 1999 through September 30,
1999.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 am and
8:00 pm, Eastern time, Monday through Friday, except Federal holidays.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between July 1, 1999 and September 30, 1999.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A: General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
    * Letter dated September 14, 1999 to School Psychologist
Anthony W. Coe, regarding criteria for establishing eligibility of
children with pervasive developmental delay for services under Part B
of IDEA, including any applicable State diagnostic criteria, and
clarifying that the categories or conditions identified in the
Diagnostic and Statistical Manual (DSM)-IV, are not synonymous with
criteria for determining whether a child is a ``child with a
disability'' under Part B of IDEA.
Topic Addressed: Related Services
    * Letter dated August 2, 1999 to individual, (personally
identifiable information redacted), regarding the U.S. Supreme Court's
1999 decision in Cedar Rapids Community School District v.Garret F.,
which clarifies that required nursing services provided during school
hours can be an eligible ``school health service,'' the Department's
views regarding the impact of the decision, and provisions in IDEA that
are designed to assist States and school districts in financing the
costs of required school health services.
    * Letter dated August 11, 1999 to U.S. Congressman David
Camp, regarding the impact on school districts of the U.S. Supreme
Court's 1999 decision in Cedar Rapids Community School District v.
Garret F., and an explanation of the impact of fully funding IDEA at 40
percent of the average per pupil expenditures in public elementary and
secondary schools in the United States.
    * Letter dated September 21, 1999 to individual, (personally
identifiable information redacted), regarding the impact on school
districts of the U.S. Supreme Court's 1999 decision in Cedar Rapids
Community School District v. Garrett F. and clarifying that the number
of disabled students requiring the one-on-one nursing services required
by the Garrett F. decision is limited.

[[Page 14548]]

Part B: Assistance for Education of All Children with Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Distribution of Part B Funds
    * Letter dated September 20, 1999 to Walnut Creek School
District Superintendent Michael De Sa, and letter dated September 20,
1999 to individual, (personally identifiable information redacted),
regarding provisions in the IDEA Amendments of 1997 that revise the
formula for distribution of funds awarded under Part B of IDEA and
describing increases in Federal funding levels for special education
programs in the past several years, despite funding reductions in other
Federal programs.
Topic Addressed: Use of Part B Funds
    * Letter dated August 5, 1999 to Louisiana Department of
Education Director Virginia C. Beridon regarding criteria for
determining whether use of Part B funds for international travel is an
allowable cost.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    * Letter dated August 6, 1999 to Attorney Brian J. Bocketti,
regarding State flexibility under section 504 of the Rehabilitation Act
of 1973 (section 504) in determining nonresident tuition rates for
students with disabilities in public school choice programs as long as
appropriate educational services are made available and funded.
    * Letter dated September 14, 1999 to Colorado Department of
Education Federal Complaints Officer Charles M. Masner, regarding the
responsibility of the State educational agency or public agency to
appoint a hearing officer or to resolve a State complaint if a parent
alleges either that the award of a regular high school diploma to their
child was appropriate or that the award of a regular high school
diploma to their child was not appropriate.
    * Letter dated September 29, 1999 to individual, (personally
identifiable information redacted), regarding a State's right to
establish proficiency standards for high school graduation and
clarifying that such State standards may not be established or
implemented in a nondiscriminatory manner in violation of section 504
and Title II of the Americans With Disabilities Act, and the
responsibility of the individualized education program (IEP) team under
Part B of IDEA to determine if eligible students with disabilities
require modifications to participate in State assessments.
Topic Addressed: Least Restrictive Environment
    * Letter dated September 21, 1999 to individual, (personally
identifiable information redacted), regarding the need to place certain
disabled students in special schools or residential schools, and
clarifying that the Part B regulatory requirement for a continuum of
alternative placements does not compel a State to create an appropriate
residential placement within a State if an appropriate residential
placement for the child is otherwise available.
Topic Addressed: State Educational Agency General Supervisory
Responsibility
    * Letter dated August 5, 1999 to individual, (personally
identifiable information redacted), and letter dated August 5, 1999 to
Florida Department of Education Bureau of Instructional Support and
Community Services Chief Shan Goff, regarding a State's obligation to
resolve a complaint against a school district where a child's parents
no longer reside, including: (1) Requiring appropriate corrective
action by that district; and (2) using the State complaint procedures
as a means of addressing both systemic and child-specific violations of
Part B of IDEA.
    * Letter dated August 19, 1999 to California Department of
Education Superintendent of Public Instruction Delaine Eastin and Youth
and Adult Correctional Agency Secretary Robert Presley, informing
California of its receipt of IDEA sections 611 and 619 Part B funds for
Federal Fiscal Year 1999 and its status as a high risk grantee, as well
as the special conditions imposed on its receipt of these grant awards.
Topic Addressed: Information Required for State Program Grants
    * Letter dated August 12, 1999 to Native American Protection
& Advocacy Project, Inc. Attorneys Sarah J. Somers and Therese E. Yanan
regarding the obligations of all States, including the Bureau of Indian
Affairs (BIA), to submit final policies and procedures that comply with
the requirements of the IDEA Amendments of 1997 as a condition for
receipt of their Federal Fiscal Year 2000 Part B of IDEA grant awards,
the difficulties experienced by children with disabilities attending
schools funded by the BIA in obtaining appropriate educational services
and in resolving disagreements with schools, and the obligations of the
BIA to implement a due process system that meets the requirements of
section 615 of IDEA and to ensure the availability of the State
complaint procedures.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational placements

Topic Addressed: Individualized Education Programs
    * Letter dated August 5, 1999 to Ohio Protection and
Advocacy Association member Suzanne Faustini regarding the absence of a
requirement in Part B of IDEA that recommendations of parents or other
team members not adopted by the IEP team be included in the IEP,
clarifying that the IEP is developed by consensus rather than by
majority vote and that the public agency must give parents prior
written notice explaining why the recommendations were not adopted.
    * Letter dated September 14, 1999 to Attorney Gary D. Lander
regarding whether a school board member may be a member of an IEP team,
at the request of a parent or a public agency.

Section 615--Procedural Safeguards

Topic Addressed: Mediation
    * Letter dated August 26, 1999 to individual, (personally
identifiable information redacted), regarding the mediation
confidentiality requirements of the IDEA Amendments of 1997 and the
Department's regulations that prohibit the use of mediation discussions
as evidence in a due process hearing or civil proceeding, but
clarifying congressional intent that this requirement not be used to
supersede any discovery rights in such proceedings or any parental
access rights under the Family Educational Rights and Privacy Act of
1974.
Topic Addressed: Discipline Procedures
    * Letter dated July 27, 1999 to U.S. Congressman Rush Holt
regarding obligations of school districts to take prompt and
appropriate steps whenever a student with or without a disability
threatens school safety and explaining the options available to school
authorities in disciplining a disabled student who threatens school
safety.
    * Letter dated September 20, 1999 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining students with disabilities,
particularly the use of proactive measures, including appropriate
behavioral interventions, and information about some of the programs
that the Department funds regarding the

[[Page 14549]]

use of appropriate behavioral interventions.

Section 619--Preschool Grants

Topic Addressed: Procedures for Allocating Subgrants to Eligible
Entities
    * Letter dated July 9, 1999 to Arizona Superintendent of
Public Instruction Lisa Graham Keegan regarding the formula for the
Preschool Grants program and how State educational agencies allocate
subgrants to local educational agencies, procedures for calculating
base payments and population and poverty payments, and clarifying that
there are no provisions in Part B of IDEA authorizing waivers of these
requirements.

Part D: National Activities To Improve Education of Children With
Disabilities

Subpart 1--State Program Improvement Grants for Children With
Disabilities

Section 653--Applications

Topic Addressed: Information About State Program Improvement Grants
    * OSEP memorandum 99-14 dated July 30, 1999, to interested
parties providing guidance related to State program improvement grants.

    Dated: March 14, 2000.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 00-6649 Filed 3-16-00; 8:45 am]
BILLING CODE 4000-01-U


2nd quarter 1999

[Federal Register: March 17, 2000 (Volume 65, Number 53)]
[Notices]
[Page 14545-14547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr00-62]

=======================================================================
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DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from April 1, 1999 through June 30,
1999.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 am and
8:00 pm, Eastern time, Monday through Friday, except Federal holidays.
Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between April 1, 1999 and June 30, 1999.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A: General Provisions

Section 602--Definitions

Topic Addressed: Emotional Disturbance
* Letter dated June 11, 1999 to individual, (personally
identifiable information redacted), regarding use of the term
``emotional disturbance'' in lieu of ``serious emotional disturbance''
and the right of each child with a disability to receive special
education and related services that address that child's unique needs.

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Applicable Regulations
* OSEP memorandum 99-11 dated April 27, 1999 to State
Directors of Special Education, regarding final regulations published
on March 12, 1999 and dates by which compliance with these regulations
became mandatory for States receiving funds under Part B of IDEA.

Part B: Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
* Letter dated April 2, 1999 to Paul T. Halverson, Wisconsin
Department of Public Instruction, regarding the absence of any
requirements in Part B of IDEA that a free appropriate public education
be made available to children with disabilities through age 22, and
clarifying a State's discretionary authority to enact a law requiring
that a free appropriate public education be made available to children
with disabilities through the end of the school year during which they
turn 21 years of age.
* Letter dated April 9, 1999 to Attorney Sonja D. Kerr,
regarding the obligation of public agencies to finance the costs of
residential placements in situations where the public agency
responsible for the child's education determines that the placement is
necessary for the provision of special education and related services
to the child.
* Letters dated April 29, 1999 to U.S. Congressman Dennis J.
Kucinich and to U.S. Congresswoman Stephanie Tubbs Jones, regarding
medical interventions for children with attention deficit hyperactivity
disorder, and explaining that it is the responsibility of medical, not
educational professionals to prescribe medication to a child with a
disability, and clarifying that a school

[[Page 14546]]

district's failure to deliver required services to an eligible child
with a disability, due to a parent's refusal to give his or her child
medication, may be a violation of the free appropriate public education
requirements of Part B of IDEA and section 504 of the Rehabilitation
Act of 1973 (section 504).
* Letter dated May 14, 1999 to Iowa Governor Thomas J.
Vilsack, regarding the U.S. Supreme Court's decision in Cedar Rapids
Community School District v. Garret F., and provisions in the IDEA that
assist States and school districts in paying for the cost of special
education and related services, including the types of services at
issue in the Garret F. decision.
Topic Addressed: Least Restrictive Environment
* Letter dated June 4, 1999 to New York State Education
Department Commissioner Richard P. Mills, informing New York that if
its funding formula that distributes States funds on the basis of the
type of setting in which a child is served is not revised in a manner
that ensures compliance with the least restrictive environment
requirements of the IDEA Amendments of 1997, New York will become a
high risk grantee and its Part B grant award for Federal Fiscal Year
1999 will include special conditions requiring the State to revise this
funding formula.
Topic Addressed: State Educational Agency General Supervisory
Responsibility
* Letter dated April 30, 1999 to U.S. Congressman Roy Blunt,
regarding concerns about IDEA paperwork requirements and student
discipline provisions and identifying ways in which the IDEA Amendments
of 1997 actually reduce unnecessary paperwork and provide for expanded
authority to address disciplining students with disabilities.
Topic Addressed: Information Required for Receipt of Grant Awards
* OSEP memorandum 99-13 dated June 28, 1999, to Chief State
School Officers regarding Procedures for States to Follow in order to
Receive a Grant Award under sections 611 and 619 of Part B of IDEA for
Federal Fiscal Year 2000, which includes, among other matters,
requirements for: (1) Submission of documentation of the State's
eligibility by April 14, 2000, (2) a description of how amounts
retained for State level activities will be used, and (3) a description
of the steps the State proposes to take to ensure equitable access to,
and participation in, activities conducted under Part B of IDEA by
overcoming barriers to equitable participation, in accordance with
section 427 of the General Education Provisions Act.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Distribution of Subgrants to Eligible Charter Schools
* OSEP memorandum 99-12 dated June 25, 1999 to State
Directors of Special Education, regarding a Notice of Proposed
Rulemaking implementing the Charter School Expansion Act of 1998,
clarifying that this Act is applicable to formula grant programs
administrated by the Department, including programs funded under
sections 611 and 619 of Part B of IDEA, and setting out permissible
options for States and local educational agencies to consider using in
implementing the Act's requirements that newly-created charter schools
and charter schools that significantly expand their enrollment receive
the Part B funds for which they are eligible.

Section 614--Evaluation, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Evaluations
* Letter dated June 29, 1999 to Madison Elementary School
Faculty Senate President Rosemary Anderson, regarding a school
district's obligations to students with disabilities who initially
register to attend school, and (1) clarifying that it would be a
violation of Part B and section 504 for a school district to have a
blanket policy that requires students with disabilities to delay
attendance at a school after registration pending the evaluation, and
(2) explaining that a child can be temporarily placed and provided
accommodations agreed to by the parents and the school to ensure the
child's safety.

Section 615--Procedural Safeguards

Topic Addressed: Attorney's Fees
* Letter dated June 24, 1999 to Attorney Robert Hornstein,
and letter dated June 24, 1999 to Florida Bureau for Education of
Exceptional Students Chief Shan Goff, regarding a State court's
authority to grant attorneys' fees to the parents of a child with a
disability who is the prevailing party in any action or proceeding
brought under section 615 of IDEA.
Topic Addressed: Mediation
* Letter dated May 12, 1999 to Vice President of Florida
Statewide Advocacy Network on Disability Nikole Whitehead, regarding
the absence of a requirement under Part B of IDEA that a child must
remain in his or her current educational placement based solely on a
request for a mediation that occurs prior to a parent's request for a
due process hearing.
Topic Addressed: Student Discipline
* Letter dated April 21, 1999 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining students with disabilities.

Section 619--Preschool Grants

Topic Addressed: Procedures for Allocating Subgrants to Eligible
Entities
* Letter dated June 28, 1999 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, regarding procedures
for State educational agencies to use in allocating subgrants of funds
awarded under section 619 of IDEA to eligible entities, procedures for
calculating base payments, and procedures for calculating population
and poverty payments.

Part C: Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Natural Environments
* Letter dated May 26, 1999 to Missouri Department of
Elementary and Secondary Education Assistant Commissioner John B.
Heskett, regarding States' obligations to ensure that early
intervention services are provided to infants and toddlers with
disabilities in natural environments, including the home or community
settings in which typically developing children participate, and that
individualized determinations must be made by the individualized family
service plan team (which includes the parent or parents) as to whether
the setting in which the services are being offered would be the
natural environment for the particular child.
* Letter dated June 11, 1999 to U.S. Congressman Martin
Meehan, regarding serving infants and toddlers with disabilities in
natural environments appropriate for the individual child and his or
her family.
Topic Addressed: Provision of a Free Appropriate Public Education to
Children With Disabilities Below Age 3
* Letter dated April 30, 1999 to Iowa Department of
Education Part C Technical Assistant Julie Curry, confirming that when
a child below age three receives a free appropriate public education,
states must comply with the requirements of: (1) both Parts B and C

[[Page 14547]]

of IDEA when Part B funds are used, and (2) with Part C even if no IDEA
Part B or C funds are used for that child as long as the State receives
any Part C funds.

Part D: National Activities to Improve Education of children with
Disabilities

Subpart 2--Coordinated Research, Personnel Preparation, Technical
Assistance, Support, and Dissemination of Information

Section 682--Parent Training and Information Centers

Topic Addressed: Definition of Parent Organization
* Letter dated April 15, 1999 to National Association of
Protection and Advocacy Systems Executive Director Curtis L. Decker,
regarding the statutory definition of ``parent organization'' and
explaining that a protection and advocacy entity that otherwise meets
section 682 statutory criteria would be eligible to compete for funding
as a parent training and information center (PTI).

Other Letters Relevant to the Administration of IDEA Programs

Topic Addressed: Freedom of Information Act
* Letter dated May 20, 1999 to individual, (personally
identifiable information redacted), regarding an appeal of a partial
denial of a request for agency records under the Freedom of Information
Act (FOIA) and stating that FOIA exemption (b)(6), which protects from
public disclosure information that would constitute a clear invasion of
personal privacy, authorizes the Department not to release to the
public personal information, such as home addresses and telephone
numbers, of attendees contained in a register maintained by the Office
of Special Education Programs (OSEP) of public meetings conducted in
connection with OSEP's State educational agency monitoring.

Dated: March 14, 2000.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 00-6648 Filed 3-16-00; 8:45 am]
BILLING CODE 4000-01-M


1st qtr 1999

[Federal Register: February 23, 2000 (Volume 65, Number 36)]
[Notices]
[Page 9177-9179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe00-104]

[[Page 9177]]

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Part V

Department of Education

-----------------------------------------------------------------------

List of Correspondence--Office of Special Education and Rehabilitative
Services; Notice

[[Page 9178]]

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DEPARTMENT OF EDUCATION
 

List of Correspondence--Office of Special Education and
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of Correspondence from January 4, 1999 through March 31,
1999.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between January 4, 1999 and March 31, 1999.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Other Health Impairment
     Letter dated February 12, 1999 to individuals (personally
identifiable information redacted), regarding possible eligibility of
children with multiple chemical sensitivity disorder for services under
Part B of IDEA under the ``other health impairment'' category and the
responsibility of the individualized education program team to
determine what accommodations would be appropriate for eligible
children.
Topic Addressed: Special Education and Rated Services
    * Letter dated March 11, 1999 to Massachusetts Speech-
Language-Hearing Association President Robert Gilmore and School
Affairs Committee Member Karen L. Grossman, regarding a State's ability
to consider speech-language pathology services as either special
education or a related service and to consider any related service as
special education if doing so would be consistent with applicable State
education standards and the State's discretionary authority in
establishing those standards.
    * Letter dated March 23, 1999 to Vice President of National
Board for Professional Teaching Standards Sally Mernissi, regarding the
importance of physical education in educating students with
disabilities and comments on draft standards for physical education
teachers.

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Applicability of Regulations
    * Letter dated March 30, 1999 to U.S. Congressman Jerry
Moran, regarding regulations that were applicable pending the March 12,
1999 publication of final regulations implementing the IDEA Amendments
of 1997.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Topic Addressed: Availability of Subgrant Funds to Local Educational
Agencies
    * Letter dated March 30, 1999 to Mr. David Tokofsky, Los
Angeles Board of Education regarding States' requirement to reserve
certain excess funds for LEA subgrants under section 611(f)(4)(A) of
the IDEA Amendments of 1997 and responding to inquiries regarding audit
process under Single Audit Act of 1984, as amended in 1986.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    * Letter dated January 13, 1999 to U.S. Senator Dianne
Feinstein, regarding State and local school district responsibility to
ensure the provision of a free appropriate public education and
increased opportunities for parent participation in a child's
evaluation, eligibility, and educational placement, but clarifying that
IDEA does not automatically require inter-district transfers requested
by parents.
Topic Addressed: Confidentiality
    * Letter dated February 26, 1999 to individual (personally
identifiable information redacted), from Family Policy Compliance
Office Director LeRoy S Rooker, regarding the Family Educational Rights
and Privacy Act (FERPA) and FERPA's applicability to Part B of IDEA and
to education records of students with disabilities, and clarifying that
there is no requirement in FERPA that a State establish a procedure for
the destruction of records or inform parents of the State's intention
to destroy such records when no longer needed.
Topic Addressed: Payment for Education of Children Enrolled in Private
Schools Without Consent of or Referral by the Public Agency
    * Letter dated March 19, 1999 to Educational Consultant and
Advocate Susan Luger, regarding the absence of any provision in Part B
of IDEA that makes a child's prior receipt of special education and
related services from a public agency a prerequisite to a parent's
obtaining tuition reimbursement from a hearing officer or court for the
cost of a unilateral private school placement.
Topic Addressed: State Educational Agency General Supervisory
Responsibility
    * Letter dated March 11, 1999 to individual (personally
identifiable information redacted), regarding required procedures for
handling complaints that are also the subject of pending due process
hearings under Part B of IDEA.
Topic Addressed: Maintenance of Effort
    * Letter dated January 7, 1999 to Alaska Department of
Education Commissioner Shirley J. Holloway, regarding State and local
maintenance of effort requirements in the IDEA Amendments of 1997 and
how those requirements are applied in light of criteria in Alaska's
funding formula.

[[Page 9179]]

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Individualized Education Programs
    * Letter dated February 24, 1999 to U.S. House of
Representatives Education and Work Force Committee Chairman William
Goodling, regarding provisions in the IDEA Amendments of 1997 that
decrease unnecessary paperwork requirements and clarifying that some of
the paperwork requirements resulting from the Act's individualized
education program requirements apply only to specific groups of
children.

Section 615--Procedural Safeguards

Topic Addressed: Finality of Due Process Hearing Decisions
    * Letter dated February 26, 1999 to Chief Counsel David
Anderson, Texas Education Agency, regarding Texas' responsibility to
implement Texas law in a manner that ensures the timely implementation
of due process hearing decisions.
Topic Addressed: Prior Written Notice
    * Letter dated March 4, 1999 to individual (personally
identifiable information redacted), regarding the State and local
educational agencies' responsibility to locate, identify, and evaluate
children suspected of having disabilities under Part B of IDEA and to
provide parents with prior written notice regarding the agency's
refusal to evaluate the child to determine eligibility for services
under Part B of IDEA or to change the child's educational program.
Topic Addressed: Student Discipline
    * Letter dated February 5, 1999 to Prince William County,
Virginia School Board Chairman At-Large Lucy S. Beauchamp, regarding
options available to school authorities in disciplining students with
disabilities who bring weapons to school.
    Durbin, regarding options available to school authorities in
disciplining a student with a disability in possession of a weapon at
school when school authorities and parents cannot reach agreement on an
appropriate placement for the student.
    * Letter dated March 30, 1999 to U.S. Senator Ted Stevens,
regarding provisions in the IDEA Amendments of 1997 authorizing school
personnel and hearing officers to place certain disabled students in an
appropriate interim alternative educational setting for up to 45 days
and the availability of Part B of IDEA funds to assist school districts
in financing the costs of such placements.

Part C--Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Availability of Federal Impact Aid
    * Memorandum dated February 2, 1999 to Part C Lead Agency
Directors and State Representatives for Impact Aid, from former
director of the Office of Special Education Programs Thomas Hehir and
Impact Aid Program Director Catherine Schagh, regarding the
availability of Federal Impact Aid for local educational agencies
serving federally-connected infants and toddlers with disabilities
(specifically including dependents of uniformed service members and
those living on Indian lands) who are eligible for services under Part
C of IDEA and the criteria for obtaining and using such funds.

Electronic Access to This Document

    You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the PDF, call the U.S. Government Printing
Office (GPO) toll free at 1-800-293-6498; or in the Washington, D.C.,
area at (202) 512-1530.

    Dated: February 17, 2000.

    (Catalog of Federal Domestic Assistance Number 84.027,
Assistance to States for Education of Children with Disabilities)
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 00-4258 Filed 2-22-00; 8:45 am]
BILLING CODE 4000-01-U


4th qtr, 1998

[Federal Register: October 20, 1999 (Volume 64, Number 202)]
[Notices]
[Page 56645-56647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc99-129]

[[Page 56645]]

_______________________________________________________________________

Part V

Department of Education

_______________________________________________________________________

List of Correspondence--Office of Special Education and Rehabilitative
Services; Notice

[[Page 56646]]

DEPARTMENT OF EDUCATION
 

List of Correspondence--Office of Special Education and
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of correspondence from October 1, 1998 through December
31, 1998.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday, except Federal holidays.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between October 1, 1998 and December 31,
1998.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A

General Provisions

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Applicability of Regulations
    Letter dated November 13, 1998 to U.S. Congresswoman Jo Ann
Emerson, regarding (1) States' and school districts' obligations,
pending publication of final regulations, to comply with all applicable
provisions of the IDEA Amendments of 1997 and provisions of the then
current regulations that were not in conflict with the IDEA Amendments
of 1997, and (2) the importance of a new requirement governing the
development of individualized education programs for deaf and hard of
hearing children under Part B of IDEA.

Part B

Assistance for Education of all Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    Letter dated November 20, 1998 to Arizona Department of Education
Superintendent Lisa Graham Keegan and Mr. Terry Stewart, Arizona
Department of Corrections, regarding the responsibility of the Arizona
Department of Education under Part B of IDEA, Section 504 of the
Rehabilitation Act of 1973, and Title II of the Americans With
Disabilities Act of 1990 to ensure the availability of a free
appropriate public education to eligible youth with disabilities
incarcerated in adult prisons and correctional facilities.
    Letter dated December 4, 1998 to Dr. Ellenmorris Tiegerman, School
for Language and Communication Development, explaining that a public
agency is not obligated to reimburse for tuition costs for nondisabled
preschool aged children in order to provide integrated settings to
implement the individualized education programs of preschool aged
children with disabilities.
Topic Addressed: Least Restrictive Envrionment
    Letter dated October 7, 1998 to Daniel Kinley, New York State
School Boards Association, regarding New York State's responsibility to
ensure placements of disabled children that meet the least restrictive
environment requirements of the IDEA in light of the State's funding
formula that distributes State funds on the basis of the type of
setting in which a child is served.
Topic Addressed: State Education Agency General Supervisory
Responsibility
    Letter dated October 19, 1998 to U.S. Congressman William F.
Goodling, regarding special conditions placed on Pennsylvania's Federal
Fiscal Year 1998 Part B State grant concerning exercise of State
Educational Agency's general supervisory responsibility, including
effective monitoring of public agencies and securing correction of
noncompliance.
Topic Addressed: Children Enrolled by Their Parents in Private Schools
    Letter dated October 20, 1998, to U.S. Congressman Robert T.
Matsui, regarding the extent of public agencies' obligations to provide
special education and related services under Part B of IDEA to children
with disabilities enrolled by their parents in private schools.
    Letter dated November 13, 1998 to Helen Walter, Advocate for Hard
of Hearing People, regarding limited scope of due process rights for
parents who enroll their children in private schools.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Treatment of Charter Schools and Their Students
    Letter dated October 8, 1998 to Wisconsin Department of Public
Instruction State Superintendent John T. Benson, regarding (1) the
Department's deference to, and agreement with, the State's
interpretation that schools chartered by the City of Milwaukee, like
all other charter schools in the State, are public schools, (2) the
obligation of charter schools to ensure the provision of a free
appropriate public education to children with disabilities and the
obligation of the State to ensure compliance with the IDEA, and (3)
consequences of noncompliance with related Federal civil rights laws.
    Letter dated November 4, 1999 to B. J. Stockton, Missouri
Department of Elementary and Secondary Education, regarding the
Department's view that charter schools generally should be presumed to
be public schools which are subject to requirements regarding a free
appropriate public education in Part B of IDEA, and clarifying that in
order to be eligible for funds under the Federal Public Charter Schools
Program, the participating charter schools must be public schools that
comply with Part B of IDEA, Section 504 of the Rehabilitation Act of
1973, and Title II

[[Page 56647]]

of the Americans With Disabilities Act of 1990.
    Memorandum dated August 10, 1998, to Chief State School Officers
from former Assistant Secretary for the Office of Elementary and
Secondary Education Gerald N. Tirozzi, regarding allocation of state-
administered federal education funds to public charter schools.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

    Topic Addressed: Evaluations and Reevaluations
    Letter dated November 18, 1998 to individual, (personally
identifiable information redacted), regarding specific provisions in
the IDEA Amendments of 1997 that reduce paperwork requirements, as well
as the importance of ensuring local flexibility in the implementation
of the IDEA Amendments of 1997.

Section 615--Procedural Safeguards

Topic Addressed: Timelines for Appeals
    Letter dated November 13, 1998 to individual, (personally
identifiable information redacted), regarding absence of timelines in
Part B of IDEA for appealing due process hearing decisions or bringing
of civil actions.
Topic Addressed: Student Discipline
    Letter dated October 20, 1998 to U.S. Senator Ted Stevens,
regarding options available to school authorities under the Individuals
With Disabilities Education Act Amendments of 1997 in disciplining
students with disabilities.
    Letter dated November 18, 1998 to South Carolina State
Representative J. Roland Smith, regarding circumstances under which
students with disabilities can be subjected to more than one removal
from school for ten consecutive school days or less in the same school
year.
    Letter dated November 5, 1998, to Mr. Dick Buscher, Paradise Valley
Unified School District, regarding options available to school
authorities in disciplining students with disabilities and clarifying
that students with disabilities are not automatically exempt from
disciplinary sanctions because of their status as disabled students.
    Letter dated October 20, 1998 to individual, (personally
identifiable information redacted), letter dated December 8, 1998 to
individual, (personally identifiable information redacted), and letter
dated December 8, 1998 to individual, (personally identifiable
information redacted), regarding options available to school
authorities in disciplining students with disabilities.
Topic Addressed: Transfer of Rights
    Letter dated December 21, 1998 to individual, (personally
identifiable information redacted), regarding the special rule under
which a State is required to appoint the parent or another appropriate
individual to represent the educational interests of the student
throughout his or her eligibility under the Act if the State has a
mechanism to, and determines that, an individual with a disability who
has reached the age of majority under State law and has not been
declared incompetent, but cannot provide informed consent with respect
to his or her educational program.

Part C

Infants and Toddlers With Disabilities (Previously Part H)

Sections 631-641

Topic Addressed: Implementation of a Statewide System
    Letter dated December 16, 1998, to Mary Miller, Illinois Bureau of
Part C/Early Intervention, regarding the obligation to ensure that
early intervention services are available to all eligible infants and
toddlers and their families.
Topic Addressed: Evaluations
    Letter dated December 30, 1998, to Ms. Ginny Duncan, Parent
Education Network, regarding the role of a service coordinator on the
Multidisciplinary Evaluation Team and the exclusion of service
providers from initial evaluations.
Topic Addressed: State Interagency Coordinating Council
    Letter dated October 5, 1998, to Ms. Mary Alice Leonard-Heath and
Mr. Wayne Fox, Co-Chairs of the Vermont Interagency Coordinating
Council, regarding ICC membership of a representative of a State lead
agency.
Topic Addressed: Administration of Part C Funds
    OSEP Memorandum dated December 30, 1998, to Lead Agency Directors
and Part C Coordinators, regarding Restricted Indirect Cost Rate for
Part C of the Individuals with Disabilities Education Act.

    Dated: October 13, 1999.

Judith E. Heumann,
Assistant Secretary for Special, Education and Rehabilitative Services.
[FR Doc. 99-27314 Filed 10-19-99; 8:45 am]
BILLING CODE 4000-01-P


3rd quarter 1998

[Federal Register: October 20, 1999 (Volume 64, Number 202)]
[Notices]
[Page 56645-56647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc99-129]
[[Page 56645]]
_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
List of Correspondence--Office of Special Education and Rehabilitative
Services; Notice
[[Page 56646]]
DEPARTMENT OF EDUCATION
List of Correspondence--Office of Special Education and
Rehabilitative Services
AGENCY: Department of Education.
ACTION: List of correspondence from October 1, 1998 through December
31, 1998.
-----------------------------------------------------------------------
SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday, except Federal holidays.
Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between October 1, 1998 and December 31, 1998.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters and other documents that the Department believes will assist
the public in understanding the requirements of the law and its
regulations. The date and topic addressed by a letter are identified,
and summary information is also provided, as appropriate. To protect
the privacy interests of the individual or individuals involved,
personally identifiable information has been deleted, as appropriate.

Part A

General Provisions

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Applicability of Regulations
Letter dated November 13, 1998 to U.S. Congresswoman Jo Ann
Emerson, regarding (1) States' and school districts' obligations,
pending publication of final regulations, to comply with all applicable
provisions of the IDEA Amendments of 1997 and provisions of the then
current regulations that were not in conflict with the IDEA Amendments
of 1997, and (2) the importance of a new requirement governing the
development of individualized education programs for deaf and hard of
hearing children under Part B of IDEA.

Part B

Assistance for Education of all Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
Letter dated November 20, 1998 to Arizona Department of Education
Superintendent Lisa Graham Keegan and Mr. Terry Stewart, Arizona
Department of Corrections, regarding the responsibility of the Arizona
Department of Education under Part B of IDEA, Section 504 of the
Rehabilitation Act of 1973, and Title II of the Americans With
Disabilities Act of 1990 to ensure the availability of a free
appropriate public education to eligible youth with disabilities
incarcerated in adult prisons and correctional facilities.
Letter dated December 4, 1998 to Dr. Ellenmorris Tiegerman, School
for Language and Communication Development, explaining that a public
agency is not obligated to reimburse for tuition costs for nondisabled
preschool aged children in order to provide integrated settings to
implement the individualized education programs of preschool aged
children with disabilities.
Topic Addressed: Least Restrictive Envrionment
Letter dated October 7, 1998 to Daniel Kinley, New York State
School Boards Association, regarding New York State's responsibility to
ensure placements of disabled children that meet the least restrictive
environment requirements of the IDEA in light of the State's funding
formula that distributes State funds on the basis of the type of
setting in which a child is served.
Topic Addressed: State Education Agency General Supervisory
Responsibility
Letter dated October 19, 1998 to U.S. Congressman William F.
Goodling, regarding special conditions placed on Pennsylvania's Federal
Fiscal Year 1998 Part B State grant concerning exercise of State
Educational Agency's general supervisory responsibility, including
effective monitoring of public agencies and securing correction of
noncompliance.
Topic Addressed: Children Enrolled by Their Parents in Private Schools
Letter dated October 20, 1998, to U.S. Congressman Robert T.
Matsui, regarding the extent of public agencies' obligations to provide
special education and related services under Part B of IDEA to children
with disabilities enrolled by their parents in private schools.
Letter dated November 13, 1998 to Helen Walter, Advocate for Hard
of Hearing People, regarding limited scope of due process rights for
parents who enroll their children in private schools.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Treatment of Charter Schools and Their Students
Letter dated October 8, 1998 to Wisconsin Department of Public
Instruction State Superintendent John T. Benson, regarding (1) the
Department's deference to, and agreement with, the State's
interpretation that schools chartered by the City of Milwaukee, like
all other charter schools in the State, are public schools, (2) the
obligation of charter schools to ensure the provision of a free
appropriate public education to children with disabilities and the
obligation of the State to ensure compliance with the IDEA, and (3)
consequences of noncompliance with related Federal civil rights laws.
Letter dated November 4, 1999 to B. J. Stockton, Missouri
Department of Elementary and Secondary Education, regarding the
Department's view that charter schools generally should be presumed to
be public schools which are subject to requirements regarding a free
appropriate public education in Part B of IDEA, and clarifying that in
order to be eligible for funds under the Federal Public Charter Schools
Program, the participating charter schools must be public schools that
comply with Part B of IDEA, Section 504 of the Rehabilitation Act of
1973, and Title II

[[Page 56647]]

of the Americans With Disabilities Act of 1990.
Memorandum dated August 10, 1998, to Chief State School Officers
from former Assistant Secretary for the Office of Elementary and
Secondary Education Gerald N. Tirozzi, regarding allocation of state-
administered federal education funds to public charter schools.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Evaluations and Reevaluations
Letter dated November 18, 1998 to individual, (personally
identifiable information redacted), regarding specific provisions in
the IDEA Amendments of 1997 that reduce paperwork requirements, as well
as the importance of ensuring local flexibility in the implementation
of the IDEA Amendments of 1997.

Section 615--Procedural Safeguards

Topic Addressed: Timelines for Appeals
Letter dated November 13, 1998 to individual, (personally
identifiable information redacted), regarding absence of timelines in
Part B of IDEA for appealing due process hearing decisions or bringing
of civil actions.
Topic Addressed: Student Discipline
Letter dated October 20, 1998 to U.S. Senator Ted Stevens,
regarding options available to school authorities under the Individuals
With Disabilities Education Act Amendments of 1997 in disciplining
students with disabilities.
Letter dated November 18, 1998 to South Carolina State
Representative J. Roland Smith, regarding circumstances under which
students with disabilities can be subjected to more than one removal
from school for ten consecutive school days or less in the same school
year.
Letter dated November 5, 1998, to Mr. Dick Buscher, Paradise Valley
Unified School District, regarding options available to school
authorities in disciplining students with disabilities and clarifying
that students with disabilities are not automatically exempt from
disciplinary sanctions because of their status as disabled students.
Letter dated October 20, 1998 to individual, (personally
identifiable information redacted), letter dated December 8, 1998 to
individual, (personally identifiable information redacted), and letter
dated December 8, 1998 to individual, (personally identifiable
information redacted), regarding options available to school
authorities in disciplining students with disabilities.
Topic Addressed: Transfer of Rights
Letter dated December 21, 1998 to individual, (personally
identifiable information redacted), regarding the special rule under
which a State is required to appoint the parent or another appropriate
individual to represent the educational interests of the student
throughout his or her eligibility under the Act if the State has a
mechanism to, and determines that, an individual with a disability who
has reached the age of majority under State law and has not been
declared incompetent, but cannot provide informed consent with respect
to his or her educational program.

Part C

Infants and Toddlers With Disabilities (Previously Part H)

Sections 631-641

Topic Addressed: Implementation of a Statewide System
Letter dated December 16, 1998, to Mary Miller, Illinois Bureau of
Part C/Early Intervention, regarding the obligation to ensure that
early intervention services are available to all eligible infants and
toddlers and their families.
Topic Addressed: Evaluations
Letter dated December 30, 1998, to Ms. Ginny Duncan, Parent
Education Network, regarding the role of a service coordinator on the
Multidisciplinary Evaluation Team and the exclusion of service
providers from initial evaluations.
Topic Addressed: State Interagency Coordinating Council
Letter dated October 5, 1998, to Ms. Mary Alice Leonard-Heath and
Mr. Wayne Fox, Co-Chairs of the Vermont Interagency Coordinating
Council, regarding ICC membership of a representative of a State lead
agency.
Topic Addressed: Administration of Part C Funds
OSEP Memorandum dated December 30, 1998, to Lead Agency Directors
and Part C Coordinators, regarding Restricted Indirect Cost Rate for
Part C of the Individuals with Disabilities Education Act.

Dated: October 13, 1999.

Judith E. Heumann,
Assistant Secretary for Special, Education and Rehabilitative Services.
[FR Doc. 99-27314 Filed 10-19-99; 8:45 am]
BILLING CODE 4000-01-P



2nd qtr, 1998

[Federal Register: October 19, 1998 (Volume 63, Number 201)]
[Notices]
[Page 55931-55933]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc98-110]
 

[[Page 55931]]

_______________________________________________________________________

Part III

Department of Education

_______________________________________________________________________

List of Correspondence--Office of Special Education and Rehabilitative
Services; Notice
 

[[Page 55932]]
 
 

DEPARTMENT OF EDUCATION

 
List of Correspondence--Office of Special Education and
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of Correspondence from April 1, 1998 through June 30,
1998.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday, except Federal holidays.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between April 1, 1998 and June 30, 1998.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters that the Department believes will assist the public in
understanding the requirements of the law and its regulations. The date
and topic addressed by a letter are identified, and summary information
is also provided, as appropriate. To protect the privacy interests of
the individual or individuals involved, personally identifiable
information has been deleted, as appropriate.

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Use and Transfer of Ownership of Equipment
    * Letter Dated June 21, 1998 to Susan Goodman, Esq.,
Assistive Technology Funding and Systems Change Project, Washington,
DC, regarding transfer of ownership of equipment purchased with Part B
funds to a State vocational rehabilitation agency for use by an
individual transitioning to and participating in a State vocational
rehabilitation services program funded under Title I of the
Rehabilitation Act of 1973, as amended.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations

Section 619--Preschool Grants

Topic Addressed: Distribution of IDEA State Grant Funds
    * OSEP Memorandum 98-10 dated May 29, 1998, to State
Directors of Special Education, regarding State Awards, Set-Aside
Amounts, and Flow-Through Funds for LEAs.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education for Eligible Youth
with Disabilities Incarcerated in Adult Prisons
    * Letter delivered May 15, 1998 to U.S. Congressman Frank E.
Riggs, regarding the importance of providing educational services to
disabled youths incarcerated in adult prisons and the flexibility
afforded States in meeting this statutory requirement.
Topic Addressed: Least Restrictive Environment
    * Letter dated June 26, 1998 to U.S. Congressman Wayne
Gilchrest, regarding a State's continued ability under the IDEA
Amendments of 1997 to place a disabled student at a costly, intensive
private school, if that placement is determined necessary for that
student to receive FAPE.
Topic Addressed: General Supervision
    * Letter dated May 7, 1998 to Patricia A. Hertzler, Esq.,
Port Royal, Pennsylvania, regarding a public agency's responsibility to
maintain, for three years, records demonstrating that all eligible
children with disabilities are provided FAPE, consistent with their
IEPs.
    * Letter dated June 22, 1998 to Donna Hutcheson, Funding
Advocate, Illinois Assistive Technology Project, regarding the
responsibilities of State Educational Agencies in ensuring the
provision of assistive technology devices and services to children with
disabilities.
Topic Addressed: Interagency Coordination
    * Letter dated April 30, 1998 to U.S. Senator Christopher J.
Dodd, regarding interagency financing of costly programs designed by
school districts for students whose disabilities have behavioral
components.
Topic Addressed: Personnel Standards
    * Letter dated May 14, 1998, to Linda J. Garvin, Pediatric
Registered Nurse/Advocate, Oceanside, California, regarding State
standards under Part B for private providers of special education
services.

Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Individualized Education Programs
    * OSEP Memorandum 98-8 to Chief State School Officers and
Directors of Special Education, and letter dated May 27, 1998 to
individual (personally identifiable information redacted), regarding
effective date of new IEP requirements.
    * Letter dated April 29, 1998 to Linda Garvin, Educational
Advocate/FEAT, Oceanside, California, regarding presence of non-
attorney advocates at an IEP meeting.

Section 615--Procedural Safeguards

    * Topic Addressed: Finality of Hearing Decisions
    * Letter dated April 3, 1998 to Philip A. Drumheiser,
Advocate for Children with Disabilities, of Carlisle, Pennsylvania,
regarding Department's lack of jurisdiction under Part B to review a
decision in a due process hearing or a decision from a due process
hearing appealed to the State educational agency.
Topic Addressed: Student Discipline
    * Letter dated May 27, 1998 to individual, (personally
identifiable information redacted), and letter dated June 16, 1998 to
individual, (personally identifiable information redacted), regarding
the requirements of IDEA Amendments of 1997 that are applicable to
students whose disabilities have behavioral components and the
importance of using positive behavioral interventions and supports.
    * Letter dated June 26, 1998 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining students with disabilities.

[[Page 55933]]

Part C--Infants and Toddlers With Disabilities (Previously Part H)

Sections 631-641

Topic Addressed: Period of Obligation of Federal Education Funds
    * Letter dated May 19, 1998 to Howard A. Peters III,
Secretary, Illinois Department of Human Services, regarding the
Department's lack of authority to grant a State's request for an
extension of the period of obligation of any Federal grant funds.

Section 636--Individualized Family Service Plan

Topic Addressed: Natural Environments
    * Letter dated April 27, 1998 to individual, (personally
identifiable information redacted), regarding a State's responsibility
to ensure the provision of early intervention services in natural
environments, to the maximum extent appropriate to the needs of the
child, and the Individualized Family Service Plan Team's responsibility
to determine the location in which those services are provided.

Part D--National Activities To Improve Education of Children With
Disabilities

Section 673--Personnel Preparation

Topic Addressed: Professional Development
    * Letter dated April 3, 1998 to Dr. David L. Porretta,
President, National Consortium for Physical Education and Recreation
for Individuals with Disabilities, regarding priorities for
professional development programs for adapted physical educators.

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use the pdf you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the pdf, call the U.S. Government Printing
Office at (202) 512-1530 or, toll free at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an
electronic bulletin board of the Department. Telephone: (202) 219-1511
or, toll free, 1-800-222-4922. The documents are located under Option
G--Files/Announcements, Bulletins, and Press Releases.

    Note: The official version of a document is the document
published in the Federal Register.

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)

    Dated: October 14, 1998.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 98-27981 Filed 10-16-98; 8:45 am]
BILLING CODE 4000-01-P
 



1st qtr 1998

[Federal Register: September 10, 1998 (Volume 63, Number 175)]
[Notices]
[Page 48561-48563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se98-153]
 

[[Page 48561]]

_______________________________________________________________________

Part III

Department of Education
_______________________________________________________________________
Office of Special Education and Rehabilitative Services: List of
Correspondence (January 2, 1998-March 31, 1998); Notice
 

[[Page 48562]]
 
 

DEPARTMENT OF EDUCATION

 
List of Correspondence--Office of Special Education and
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of correspondence from January 2, 1998 through March 31,
1998

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register ``a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of this Act or the regulations implemented
pursuant to this Act.''

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday, except Federal holidays.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between January 2, 1998 and March 31, 1998.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters that the Department believes will assist the public in
understanding the requirements of the law and its regulations. The date
and topic addressed by a letter are identified, and summary information
is also provided, as appropriate. To protect the privacy interests of
the individual or individuals involved, personally identifiable
information has been deleted, as appropriate.

Part A--General Provisions

Section 602  Definitions

Topic Addressed: Disability Categories
    * Letter dated January 12, 1998 to an individual,
(personally identifiable information redacted), regarding provision of
special education services to a child with a sexually transmitted
disease.
    * Letter dated March 31, 1998 to U. S. Congressman Thomas C.
Sawyer regarding eligibility of children with Attention Deficit
Disorder under the ``other health impairment'' category.

Section 607  Requirements for Prescribing Regulations

Topic Addressed: Applicable Regulations
    * Letter dated February 20, 1998 to Ms. Larisa Cummings,
Esq., Oakland, California, regarding applicability of current
regulations while publication of final regulations is pending.

Part B--Assistance for Education of All Children With Disabilities

Section 612  State Eligibility

Topic Addressed: Free Appropriate Public Education
    * Letter dated January 8, 1998 to Ms. Margie Best, Esq.,
Chicago, Illinois, regarding which school district is obligated to
provide special educational services to a disabled child whose parents
are divorced, if the child lives in a school district other than where
the mother resides, and the father's whereabouts are unknown.
    * Letter dated January 8, 1998 to Mrs. Faanati Penitusi,
American Samoa Parent Network, regarding when charging of incidental
fees is permissible.
    * Letter dated February 11, 1998 to an individual,
(personally identifiable information redacted), regarding a school
district's obligation to continue to make a free appropriate public
education (FAPE) available to a disabled student who breaks a student
behavior contract.
    * Letter dated February 23, 1998 to an individual,
(personally identifiable information redacted), regarding school
district's obligation to ensure the provision of FAPE despite lack of
adequate personnel or resources.
Topic Addressed: Free Appropriate Public Education for Eligible Youth
With Disabilities Incarcerated in Adult Prisons
    * Letter dated March 11, 1998 to an individual, (personally
identifiable information redacted), regarding flexibility afforded to
States in meeting their obligations to provide FAPE to this population
of disabled students.
Topic Addressed: Least Restrictive Environment
    * Letter dated February 4, 1998 to William R. Bauer,
Director, The Day School, Pittsburgh, Pennsylvania, regarding the
requirement in the IDEA Amendments of 1997 addressing a funding
mechanism by which a State distributes State funds based on the setting
in which a disabled child is receiving services.
Topic Addressed: Children With Disabilities Placed in Private Schools
by Their Parents
    * Letter dated January 29, 1998 to U.S. Congressman Richard
Burr, regarding the applicability to public agencies, not personnel of
private schools or facilities, of the Part B requirements governing
services to children with disabilities placed in private schools by
their parents.
    * Letter dated February 26, 1998 to Dr. James F. McKethan,
Director, Exceptional Children's Program, Cumberland County Schools,
Fayetteville, North Carolina, regarding the nature and extent of school
districts' obligations to this class of disabled students.
Topic Addressed: General Supervision
    * Letter dated January 7, 1998 to Dr. Ora Spann, Director,
Office of Programs for Children with Disabilities, South Carolina
Department of Education, regarding State education standards.
    * Letter dated January 8, 1998 to Dr. Bill East, Assistant
Director, Division of Special Education Services, Alabama Department of
Education, and letter dated January 8, 1998 to an individual,
(personally identifiable information redacted), regarding State
complaint procedures and State educational agency responsibility to
ensure timely resolution of State complaints.
Topic Addressed: Participation of Children With Disabilities in State
and District-Wide Assessments
    * Letter dated February 2, 1998 to Ms. Patti J. Muhlenkamp,
Wyoming Department of Education, regarding importance of compliance
with this requirement.

Section 614  Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Evaluations
    * Letter dated February 25, 1998 to Ms. Linda Maron, Acting
Assistant Executive Director for Unified Services, Minneapolis Public
Schools, Minneapolis, Minnesota, regarding requirements applicable to
evaluations and reevaluations of children suspected of having learning
disabilities and mental impairments.
    * Letter dated March 3, 1998 to an individual (personally
identifiable

[[Page 48563]]

information redacted), regarding additional protections in IDEA
Amendments of 1997 to address over-identification of minority students
in special education.
Topic Addressed: Individualized Education Programs
    * Letter dated January 23, 1998 to John B. Heskett,
Assistant Commissioner, Division of Special Education, Department of
Elementary and Secondary Education, Jefferson City, Missouri, regarding
participation on IEP teams of individuals invited at the request of
parents.
    * Letter dated March 31, 1998 to U.S. Senator Tom Harkin
regarding use of positive behavioral interventions, strategies, and
supports.

Section 615  Procedural Safeguards

Topic Addressed: Notice to Parents
    * Letter dated March 31, 1998 to an individual, (personally
identifiable information redacted), regarding the types of information
parents are entitled to receive about their child's educational
program.
Topic Addressed: Due Process Hearings
    * Letter dated March 6, 1998 to an individual, (personally
identifiable information redacted), regarding the Department's lack of
jurisdiction over decisions reached in a due process hearing or
subsequent court action, and the Department's inability to grant relief
to parties involved in such proceedings.
Topic Addressed: Discipline Procedures
    * Letter dated January 20, 1998 to U.S. Senator Thad Cochran
and letter dated March 13, 1998 to an individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining disabled students.
    * Letter dated February 23, 1998 to an individual,
(personally identifiable information redacted), regarding educational
services for disabled students expelled from school.

Part C--Infants and Toddlers With Disabilities [Previously Part H]

Sections 631-641

Topic Addressed: General Information About Statutory Changes Made to
Part C by IDEA Amendments of 1997
    * OSEP Memorandum 98-1 dated January 7, 1998 to interested
parties, entitled ``Information Related to Statutory Changes to Part H
of IDEA.''

Section 632  Definitions

Topic Addressed: Provision of Early Intervention Services at No Cost
    * Letter dated March 4, 1998 to Maureen Greer, Assistant
Deputy Director, Bureau of Child Development, Family and Social
Services Administration, Indianapolis, Indiana, regarding when States
can access Medicaid and private insurance in ensuring the provision of
appropriate early intervention services.

Section 634  Eligibility

Topic Addressed: Obligation to Serve All Infants and Toddlers With
Disabilities in the State and Their Families
    * Letter dated January 7, 1998 to Mr. Carlos Flores,
Manager, Prevention and Children Services Branch, Department of
Developmental Services, Sacramento, California, regarding the
relationship between the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 and Part H, now Part C.

Section 635  Requirements for Statewide System

Topic Addressed: Personnel Standards
    * Letter dated March 6, 1998 to Ouida Holder, Coordinator,
Early Intervention Program, Alabama Department of Rehabilitation
Services, regarding personnel standards for providers of special
instruction.

Part D--National Activities to Improve Education of Children With
Disabilities

Section 652  Eligibility and Collaborative Process, Section 653
Applications, Section 654 Use of Funds

Topic Addressed: State Program Improvement Grants for Children With
Disabilities
    * OSEP Memorandum 98-4 dated February 24, 1998 to interested
parties, entitled ``Guidance Related to State Program Improvement
Grants to Improve Education for Children with Disabilities.''

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:

http://ocfo.ed.gov/fedreg.htm
 http://www.ed.gov/news.html

    To use the pdf you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the pdf, call the U.S. Government Printing
Office at (202) 512-1530 or, toll free at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an
electronic bulletin board of the Department. Telephone: (202) 219-1511
or, toll free, 1-800-222-4922. The documents are located under Option
G--Files/Announcements, Bulletins, and Press Releases.

    Note: The official version of a document is the document
published in the Federal Register.

    Dated: September 3, 1998.

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 98-24239 Filed 9-9-98; 8:45 am]
BILLING CODE 4000-01-P
 


4th qtr 1997

[Federal Register: August 31, 1998 (Volume 63, Number 168)]
[Notices]
[Page 46327-46329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au98-111]

[[Page 46327]]
_______________________________________________________________________

Part III

Department of Education
_______________________________________________________________________
List of Correspondence, Office of Special Education and Rehabilitative
Services: Notice

[[Page 46328]]
 

DEPARTMENT OF EDUCATION
 
List of Correspondence--Office of Special Education and
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of correspondence from October 1, 1997 through December
31, 1997.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register ``a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of this Act or the regulations implemented
pursuant to this Act.''

FOR FURTHER INFORMATION CONTACT:
JoLeta Reynolds or Rhonda Weiss. Telephone: (202) 205-5507. Individuals
who use a telecommunications device for the deaf (TDD) may call (202)
205-5465 or the Federal Information Relay Service (FIRS) at 1-800-877-
8339 between 8:00 a.m. and 8:00 p.m., Eastern time, Monday through
Friday, except Federal holidays.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between October 1, 1997 and December 31,
1997.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters that the Department believes will assist the public in
understanding the requirements of the law and its regulations. The date
and topic addressed by a letter are identified, and summary information
is also provided, as appropriate. To protect the privacy interests of
the individual or individuals involved, personally identifiable
information has been deleted, as appropriate.

Part B--Assistance for Education of all Children with Disabilities
Section 612 State Eligibility

Topic Addressed: Free Appropriate Public Education

    * Letter dated October 3, 1997 to an individual, (personally
identifiable information redacted), regarding possible eligibility for
special education and related services under Part B of IDEA for
children ineligible for Supplemental Security Income benefits.
    * Letter dated October 7, 1997 to Ms. Joann Biondi, Berkeley
Unified School District, Berkeley, California, regarding which school
district is responsible for educating a child with a disability whose
parents are divorced.

Topic Addressed: Free Appropriate Public Education for Eligible Youth
With Disabilities Incarcerated in Adult Prisons

    * Letters dated November 6, 1997 to Mr. Russell Shaddix,
Eureka City Schools, Eureka, California; Mr. Richard D. Teagarden and
Mr. Dan Halcomb, Yuba County Office of Education, Marysville,
California; and Mr. George Galaza, Warden, California State Prison,
Corcoran, California, regarding flexibility afforded to States in
meeting their obligations to provide a free appropriate public
education to this population of disabled students.

Topic Addressed: Least Restrictive Environment

    * Letter dated October 3, 1997 to Sister Mary Ramona,
Felician School for Exceptional Children, Inc., Lodi, New Jersey,
regarding the continuum of alternative placements.
    * Letter dated October 22, 1997 to Mr. Donald C. Buell,
Hinsdale Township High School District No. 86, Oak Brook, Illinois,
regarding absence of Part B definitions of terms ``regular classes''
and ``inclusion.''
    * Letter dated December 31, 1997 to Mr. Mark Hall,
Neighborhood Schools Now!, Chantilly, Virginia, regarding the
relationship of the individualized education program and least
restrictive environment requirements of the IDEA Amendments Act of
1997.

Topic Addressed: General Supervision

    * Letter dated November 6, 1997 to Mrs. Leslie M. Averna,
Associate Commissioner, Division of Educational Programs and Services,
Connecticut Department of Education, regarding intervals for a State's
monitoring cycle.
    * Letter dated November 18, 1997 to Honorable Sandy Garrett,
Oklahoma State Superintendent of Public Instruction, regarding the
scope of a State educational agency's general supervisory
responsibility, including its primary responsibility for resolution of
complaints alleging violations of Part B.

Topic Addressed: Confidentiality

    * Letter dated December 23, 1997 to individual, (personally
identifiable information redacted), regarding obligations of States to
disclose individual student data in a non-personally identifiable
manner.

Section 614--Evaluations, Eligibility Determinations,
Individualized Education Programs, and Educational Placements

Topic Addressed: Evaluations

    * Letter dated November 14, 1997 to an individual
(personally identifiable information redated), regarding absence of
time periods in Part B within which a school district must respond to a
parent's request for evaluation.

Topic Addressed: Individualized Education Programs

    * Letter dated October 29, 1997 to an individual,
(personally identifiable information redated), regarding regular
education teacher's participation on the IEP team.
    * Letter dated November 21, 1997 to Mr. Edward J. Sarzynski,
Esq. of Binghamton, New York, regarding IEPs for children receiving
home schooling.
    * Letter dated November 6, 1997 to an individual,
(personally identifiable information redacted), regarding consideration
of a child's need for assistive technology.

Section 615--Procedural Safeguards

Topic Addressed: Surrogate Parents

    * Letter dated December 3, 1997 to Mr. John Copenhaver,
Mountain Plains Regional Resource Center, regarding attorney's fees for
a surrogate parent and limitations on removal of surrogate parents.

Topic Addressed: Due Process Hearings

    * Letter dated October 22, 1997 to Dr. Juanita S. Pawlisch,
Wisconsin Department of Public Instruction, regarding the applicability
of a State statute of limitations to a parent's right to request a due
process hearing under Part B.

Topic Addressed: Pendency Placement

    * Letter dated November 26, 1997 to Dr. Paul Chassy, Esq. of
Kensington, Maryland, regarding determination of child's pendency
placement if parties are unable to agree.

Topic Addressed: Discipline Procedures

    * OSEP Memorandum 97-7 dated September 19, 1997 entitled
``Initial Disciplinary Guidance related to Removal of Children with
Disabilities from Their Current Educational Placements for Ten School
Days or Less.''

[[Page 46329]]

    * Letter dated October 9, 1997 to U.S. Congressman Zach
Wamp, regarding suspensions of up to ten school days.
    * Letter dated October 3, 1997 to an individual, (personally
identifiable information redacted), regarding when a hearing officer
may order the change in the placement of a child with a disability to
an appropriate interim alternative educational setting for up to 45
days.
    * Letter dated December 3, 1997 to Mr. Richard Bachman,
Principal, Midwest City High School, Midwest City, Oklahoma, regarding
when a student with a disability can be excluded from school for more
than 45 days.
    * Letter dated November 6, 1997 to U.S. Congressman Ike
Skelton, letter dated December 17, 1997 to Mr. Paul E. Miller,
Principal, Laquey R-V High School, Laquey, Missouri, and letter dated
December 18, 1997 to individual, (personally identifiable information
redacted), regarding options available to school authorities in
disciplining disabled students.
    * Letter dated December 8, 1997 to Dr. James V. Parker, Jr.,
Wilkes County Board of Education, Washington, Georgia, regarding
resources for providing alternative programming for disabled students
disciplined under the Act.
    * Letter dated December 17, 1997 to U.S. Congressman John
Tanner, regarding applicability of Gun-Free Schools Act to student with
disabilities.

    Dated: August 21, 1998.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)

[FR Doc. 98-22965 Filed 8-28-98; 8:45 am]
BILLING CODE 4000-01-M


3rd Qtr 1997

[Federal Register: May 4, 1998 (Volume 63, Number 85)]
[Notices]
[Page 24713-24715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my98-147]

[[Page 24713]]
_______________________________________________________________________

Part VI

Department of Education
_______________________________________________________________________
List of Correspondence; Office of Special Education and Rehabilitative
Services; Notice
 

[[Page 24714]]
 
 

DEPARTMENT OF EDUCATION

 
List of Correspondence--Office of Special Education and
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of Correspondence from June 4, 1997 through September 30,
1997.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register ``a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of this Act or the regulations implemented
pursuant to this Act.''

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m.
and 8:00 p.m., Eastern time, Monday through Friday, except Federal
holidays.
    Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between June 4, 1997, the effective date of
the Individuals with Disabilities Education Act Amendments of 1997,
Public Law 105-17 (IDEA Amendments of 1997), and September 30, 1997.
    Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters that the Department believes will assist the public in
understanding the requirements of the law and its regulations. The date
and topic addressed by a letter are identified, and summary information
is also provided, as appropriate. To protect the privacy interests of
the individual or individuals involved, personally identifiable
information has been deleted, as appropriate.

Part A--General Provisions

Section 602 Definitions

Topic Addressed: Educating Children With Particular Disabilities
    * Letter dated July 15, 1997 to an individual, (personally
identifiable information redacted), regarding students with deafness
and hearing impairments.
    * Letter dated July 21, 1997 to an individual, (personally
identifiable information redacted), regarding requirements for
evaluating students suspected of having Attention Deficit Disorder
(ADD) and for serving eligible students with ADD.
    * Letter dated September 23, 1997 to an individual,
(personally identifiable information redacted), regarding a student who
has cancer and has been unable to attend school.

Section 607  Requirements For Prescribing Regulations

Topic Addressed: Scope of Department's Responsibility To Disseminate
Reports Developed Pursuant to Section 607(d) of IDEA
    * Letter dated August 12, 1997 to Jed Oliver, Austin, Texas.

Part B--Assistance for Education of All Children With Disabilities

Section 612  State Eligibility

Topic Addressed: Free Appropriate Public Education for Eligible Youth
With Disabilities Incarcerated in Adult Prisons
    * Letter dated June 30, 1997 to Thomas M. Maddock,
California Department of Corrections.
    * Letter dated September 4, 1997 to State of California
Governor Pete Wilson, regarding responsibilities of all States to serve
this population.
    * Letter dated September 12, 1997 to Mr. Jack E. Shook,
Illinois State Board of Education, concerning a State's responsibility
to resolve a complaint filed under Part B of IDEA on behalf of an
incarcerated youth with a disability.
Topic Addressed: Interagency Coordination and Role of State Medicaid
Agency: Confidentiality Rights
    * Letter dated July 22, 1997 to John T. Benson,
Superintendent, Wisconsin Department of Public Instruction.
Topic Addressed: Personnel Standards
    * Letter dated June 9, 1997 to Mr. Joseph Fisher, Assistant
Commissioner, Tennessee Department of Education, regarding the
applicability of the public participation provisions of IDEA-97 to a
proposal that modifies information contained in a prior year's Part B
State plan.
    * Letter dated August 18, 1997 to Kimberly K. McClanahan,
Austin, Texas, regarding State licensure for school psychologists.
Topic Addressed: Participation of Children With Disabilities in State
and District-Wide Assessments
    * Dear Colleague letter dated September 29, 1997, from
Judith E. Heumann, Assistant Secretary for the Office of Special
Education and Rehabilitative Services, and Norma V. Cantu, Assistant
Secretary for the Office for Civil Rights.

Section 614  Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements

Topic Addressed: Evaluations
    * Letter dated September 9, 1997 to Dr. Dennis Clarkson,
East Helena, Montana, regarding criteria for administration of
standardized tests.

Section 615  Procedural Safeguards

Topic Addressed: Independent Educational Evaluations
    * Letter dated September 9, 1997 to Jerri Katzerman and
Kathleen Ross, Phoenix, Arizona, regarding disclosure to school 
district of the results of an independent educational evaluation
without parental consent.
Topic Addressed: Authority of Due Process Hearing Officers and State-
Level Review Officers
    * Letter dated June 11, 1997 to Mike Armstrong, Director,
Division of Exceptional Children's Services, Kentucky Department of
Education, regarding the authority of due process hearing officers and
State-level review officers to impose financial penalties and
sanctions, to issue an order against the State educational agency (SEA)
even if the SEA is not a party to the hearing, and to determine what
placement constitutes a child's current educational placement when
agreement cannot be reached.
    * Letter dated June 11, 1997 to Mr. Richard Steinke, former
Director of Special Education, Maryland Department of Education, and
    * Letter dated June 11, 1997 to an individual (personally
identifiable information redacted), regarding the authority of due
process hearing officers to compel the attendance of witnesses.

[[Page 24715]]

Topic Addressed: Pendency Placement
    * Letter dated July 1, 1997 to Mr. Howard Klebanoff,
Fairfield, Connecticut, regarding whether a school district is required
to maintain a placement developed for a two-year-old child with a
disability under the Part H program during the pendency of a due
process hearing conducted under Part B of IDEA.
Topic Addressed: Suspensions of up To Ten School Days
    * Letter dated July 15, 1997 to U.S. Congressman Robert C.
Scott and Letter dated September 4, 1997 to U.S. Senator William Frist.

    Dated: April 28, 1998.

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 98-11708 Filed 5-1-98; 8:45 am]
BILLING CODE 4000-01-P



 
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