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

[[Page 48561]]


Part III

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

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

AGENCY: Department of Education.

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


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

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

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

Part A--General Provisions

Section 602  Definitions

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

Section 607  Requirements for Prescribing Regulations

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

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

Section 612  State Eligibility

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

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

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

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

Section 615  Procedural Safeguards

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

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

Sections 631-641

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

Section 632  Definitions

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

Section 634  Eligibility

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

Section 635  Requirements for Statewide System

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

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

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

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

Electronic Access to This Document

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


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

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

    Dated: September 3, 1998.

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