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

[[Page 24713]]


Part VI

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

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

AGENCY: Department of Education.

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


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

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

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

Part A--General Provisions

Section 602 Definitions

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

Section 607  Requirements For Prescribing Regulations

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

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

Section 612  State Eligibility

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

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

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

Section 615  Procedural Safeguards

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

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

Electronic Access to This Document:

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


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

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

    Dated: April 28, 1998.

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