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

[[Page 55931]]


Part III

Department of Education


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

[[Page 55932]]


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

AGENCY: Department of Education.

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


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

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

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

Part A--General Provisions

Section 602--Definitions

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

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

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

Section 619--Preschool Grants

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

Section 612--State Eligibility

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

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

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

Section 615--Procedural Safeguards

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

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

Sections 631-641

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

Section 636--Individualized Family Service Plan

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

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

Section 673--Personnel Preparation

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

Electronic Access to This Document

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


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

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

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

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