[Federal Register: February 23, 2000 (Volume 65, Number 36)]
[Page 9177-9179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 9177]]


Part V

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 January 4, 1999 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 IDEA or the regulations that implement IDEA.

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.
    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 4, 1999 and March 31, 1999.
    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: Other Health Impairment
     Letter dated February 12, 1999 to individuals (personally
identifiable information redacted), regarding possible eligibility of
children with multiple chemical sensitivity disorder for services under
Part B of IDEA under the ``other health impairment'' category and the
responsibility of the individualized education program team to
determine what accommodations would be appropriate for eligible
Topic Addressed: Special Education and Rated Services
    * Letter dated March 11, 1999 to Massachusetts Speech-
Language-Hearing Association President Robert Gilmore and School
Affairs Committee Member Karen L. Grossman, regarding a State's ability
to consider speech-language pathology services as either special
education or a related service and to consider any related service as
special education if doing so would be consistent with applicable State
education standards and the State's discretionary authority in
establishing those standards.
    * Letter dated March 23, 1999 to Vice President of National
Board for Professional Teaching Standards Sally Mernissi, regarding the
importance of physical education in educating students with
disabilities and comments on draft standards for physical education

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Applicability of Regulations
    * Letter dated March 30, 1999 to U.S. Congressman Jerry
Moran, regarding regulations that were applicable pending the March 12,
1999 publication of final regulations implementing the IDEA Amendments
of 1997.

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

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

Topic Addressed: Availability of Subgrant Funds to Local Educational
    * Letter dated March 30, 1999 to Mr. David Tokofsky, Los
Angeles Board of Education regarding States' requirement to reserve
certain excess funds for LEA subgrants under section 611(f)(4)(A) of
the IDEA Amendments of 1997 and responding to inquiries regarding audit
process under Single Audit Act of 1984, as amended in 1986.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    * Letter dated January 13, 1999 to U.S. Senator Dianne
Feinstein, regarding State and local school district responsibility to
ensure the provision of a free appropriate public education and
increased opportunities for parent participation in a child's
evaluation, eligibility, and educational placement, but clarifying that
IDEA does not automatically require inter-district transfers requested
by parents.
Topic Addressed: Confidentiality
    * Letter dated February 26, 1999 to individual (personally
identifiable information redacted), from Family Policy Compliance
Office Director LeRoy S Rooker, regarding the Family Educational Rights
and Privacy Act (FERPA) and FERPA's applicability to Part B of IDEA and
to education records of students with disabilities, and clarifying that
there is no requirement in FERPA that a State establish a procedure for
the destruction of records or inform parents of the State's intention
to destroy such records when no longer needed.
Topic Addressed: Payment for Education of Children Enrolled in Private
Schools Without Consent of or Referral by the Public Agency
    * Letter dated March 19, 1999 to Educational Consultant and
Advocate Susan Luger, regarding the absence of any provision in Part B
of IDEA that makes a child's prior receipt of special education and
related services from a public agency a prerequisite to a parent's
obtaining tuition reimbursement from a hearing officer or court for the
cost of a unilateral private school placement.
Topic Addressed: State Educational Agency General Supervisory
    * Letter dated March 11, 1999 to individual (personally
identifiable information redacted), regarding required procedures for
handling complaints that are also the subject of pending due process
hearings under Part B of IDEA.
Topic Addressed: Maintenance of Effort
    * Letter dated January 7, 1999 to Alaska Department of
Education Commissioner Shirley J. Holloway, regarding State and local
maintenance of effort requirements in the IDEA Amendments of 1997 and
how those requirements are applied in light of criteria in Alaska's
funding formula.

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

Topic Addressed: Individualized Education Programs
    * Letter dated February 24, 1999 to U.S. House of
Representatives Education and Work Force Committee Chairman William
Goodling, regarding provisions in the IDEA Amendments of 1997 that
decrease unnecessary paperwork requirements and clarifying that some of
the paperwork requirements resulting from the Act's individualized
education program requirements apply only to specific groups of

Section 615--Procedural Safeguards

Topic Addressed: Finality of Due Process Hearing Decisions
    * Letter dated February 26, 1999 to Chief Counsel David
Anderson, Texas Education Agency, regarding Texas' responsibility to
implement Texas law in a manner that ensures the timely implementation
of due process hearing decisions.
Topic Addressed: Prior Written Notice
    * Letter dated March 4, 1999 to individual (personally
identifiable information redacted), regarding the State and local
educational agencies' responsibility to locate, identify, and evaluate
children suspected of having disabilities under Part B of IDEA and to
provide parents with prior written notice regarding the agency's
refusal to evaluate the child to determine eligibility for services
under Part B of IDEA or to change the child's educational program.
Topic Addressed: Student Discipline
    * Letter dated February 5, 1999 to Prince William County,
Virginia School Board Chairman At-Large Lucy S. Beauchamp, regarding
options available to school authorities in disciplining students with
disabilities who bring weapons to school.
    Durbin, regarding options available to school authorities in
disciplining a student with a disability in possession of a weapon at
school when school authorities and parents cannot reach agreement on an
appropriate placement for the student.
    * Letter dated March 30, 1999 to U.S. Senator Ted Stevens,
regarding provisions in the IDEA Amendments of 1997 authorizing school
personnel and hearing officers to place certain disabled students in an
appropriate interim alternative educational setting for up to 45 days
and the availability of Part B of IDEA funds to assist school districts
in financing the costs of such placements.

Part C--Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Availability of Federal Impact Aid
    * Memorandum dated February 2, 1999 to Part C Lead Agency
Directors and State Representatives for Impact Aid, from former
director of the Office of Special Education Programs Thomas Hehir and
Impact Aid Program Director Catherine Schagh, regarding the
availability of Federal Impact Aid for local educational agencies
serving federally-connected infants and toddlers with disabilities
(specifically including dependents of uniformed service members and
those living on Indian lands) who are eligible for services under Part
C of IDEA and the criteria for obtaining and using such funds.

Electronic Access to This Document

    You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet 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 (GPO) toll free at 1-800-293-6498; or in the Washington, D.C.,
area at (202) 512-1530.

    Dated: February 17, 2000.

    (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. 00-4258 Filed 2-22-00; 8:45 am]