DueProcessIllinois.org

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)

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.

PDF format (63K)
MS Word format (22K)

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.

PDF format (79K)
MS Word format (23K)

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.

PDF format (253K)
MS Word format (31K)

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.

PDF format (168K)
MS Word format (27K)

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.

PDF format (127K)
MS Word format (27K)

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.

PDF format (280K)
MS Word format (33K)

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.

PDF format (127K)
MS Word format (27K)

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.
PDF (39K) | HTML

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
PDF (75K) | MS Word (22K)

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
PDF (81K) | MS Word (27K)

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
HTML

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
PDF (115K) | MS Word (32K)

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
PDF (115K) | MS Word (32K)

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
PDF (115K) | MS Word (32K)

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
HTML

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: 
-----------------------------------------------------------------------

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.
html

    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]

CY2004 -- THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2004 through September 30, 2004.
PDF (39K) | HTML

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

PDF (63K) | MS Word (22K)

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.

PDF (79K) | MS Word (23K)

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.

PDF (253K) | MS Word (31K)

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.

PDF (168K) | MS Word (27K)

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.

HTML

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.

PDF (280K) | MS Word (33K)

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.

PDF (63K) | MS Word (22K)

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.

PDF (79K) | MS Word (23K)

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.

PDF (253K) | MS Word (31K)

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.

PDF (168K) | MS Word (27K)

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.

PDF (127K) | MS Word (27K)

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.

CY2004 — SECOND QUARTER Federal Register Notice:

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

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.

PDF (63K) | MS Word (22K)

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.

PDF (79K) | MS Word (23K)

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.

PDF (253K) | MS Word (31K)

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.

PDF (168K) | MS Word (27K)

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.

PDF (127K) | MS Word (27K)

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.

PDF (280K) | MS Word (33K

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.

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.

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.

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.

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

top due process home OSEP letters

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

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

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.

[[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

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