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

[[Page 46327]]


Part III

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

[[Page 46328]]


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

AGENCY: Department of Education.

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


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

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

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

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

Topic Addressed: Free Appropriate Public Education

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

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

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

Topic Addressed: Least Restrictive Environment

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

Topic Addressed: General Supervision

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

Topic Addressed: Confidentiality

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

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

Topic Addressed: Evaluations

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

Topic Addressed: Individualized Education Programs

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

Section 615--Procedural Safeguards

Topic Addressed: Surrogate Parents

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

Topic Addressed: Due Process Hearings

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

Topic Addressed: Pendency Placement

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

Topic Addressed: Discipline Procedures

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

[[Page 46329]]

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


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

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

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

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

[FR Doc. 98-22965 Filed 8-28-98; 8:45 am]