[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Notices]
[Page 36037-36040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-172]
[[Page 36037]]
-----------------------------------------------------------------------
Part V
Department of Education
-----------------------------------------------------------------------
List of Correspondence--Office of Special Education and Rehabilitative
Services; Notice
[[Page 36038]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
List of Correspondence--Office of Special Education and
Rehabilitative Services
AGENCY: Department of Education.
ACTION: List of correspondence from January 3, 2000 through March 31,
2000.
-----------------------------------------------------------------------
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 January 3, 2000 through March 31,
2000.
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: Child With a Disability
* Letter dated March 24, 2000 to individual, (personally
identifiable information redacted), regarding school districts'
obligations to appropriately evaluate children with attention deficit
disorder (ADD) under Part B of IDEA, and clarifying applicable
requirements under Part B of IDEA for children who have a prior medical
diagnosis of ADD and the relationship of relevant State requirements to
applicable Part B requirements.
* Letter dated March 24, 2000 to Education Consultant and
Advocate Michele Williams, regarding identification, evaluation,
eligibility, and the provision of appropriate services and
interventions in the least restrictive setting for children with
Asperger's Syndrome determined eligible for services under Part B of
IDEA.
Part B: Assistance for Education of all Children With Disabilities
Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations
Topic Addressed: Use of Funds
* Letter dated February 7, 2000 to California State
Department of Education Special Education Director Dr. Alice Parker,
regarding a finding in a Federal Fiscal Year (FFY) 1996 audit report
questioning the use of Part B of IDEA funds to pay parents' or
guardians' attorneys' fees in lawsuits against the State and clarifying
that the IDEA March 12, 1999 final regulations explicitly prohibit
using Part B of IDEA funds to pay attorneys' fees.
* Letter dated March 8, 2000 to U.S. Senator Bob Graham,
explaining that the Department does not provide Federal funds directly
to parents, private schools, or a local educational agency (LEA) to pay
the cost of special education programs for children with disabilities,
but that State, local, or private sources of support may be available
for this purpose.
Topic Addressed: Eligible Entities
* Letter dated March 15, 2000 to the Office of U.S. Senator
Don Nickles, regarding eligibility of State-supported schools for
Federal education program funds, clarifying that a State-supported
school cannot be made eligible for these funds in the absence of
authorizing legislation, and that under many Federal programs,
including Part B of IDEA, State-supported schools can be eligible for
funds if they qualify as local school districts.
Section 612--State Eligibility
Topic Addressed: Free Appropriate Public Education
* Letter dated March 29, 2000 to Michigan Protection and
Advocacy Attorney Stewart R. Hakola, regarding Michigan's School-of-
Choice legislation, and clarifying that (1) States may establish
mechanisms to ensure that students with disabilities attending public
school choice programs retain the right to a free appropriate public
education (FAPE), and (2) the Department's view that a provision in the
Michigan law requiring a written agreement between the resident
district and the non-resident district regarding the provision of FAPE
for any student with a disability who is enrolled in a non-resident
school or program does not violate Part B of IDEA or Section 504 of the
Rehabilitation Act of 1973.
* Letter dated March 20, 2000 to Illinois State Board of
Education Special Education Director Dr. Gordon M. Riffel, clarifying
that there is no provision in Part B of IDEA that would permit a school
district to make the award of compensatory services to a student with a
disability contingent on the student's delaying graduation from high
school, when a determination has been made as a result of a complaint
resolution that compensatory services are necessary to remedy the
denial of FAPE to that student.
Topic Addressed: Children With Disabilities Placed in Private Schools
by Their Parents
* Letter dated January 21, 2000 to U.S. Congressman David L.
Hobson, regarding a parent's request for speech services for their
child with a disability who is parentally-placed at a private school,
and clarifying that the March 12, 1999 final regulations regarding the
participation of parentally-placed private school children with
disabilities accurately reflect the applicable statutory provision in
the IDEA Amendments of 1997 and the Department's longstanding
interpretations of the relevant statutory and regulatory requirements
regarding the participation of these children in programs assisted or
carried out under Part B of IDEA.
Topic Addressed: State Educational Agency General Supervisory
Responsibility
* Letter dated February 9, 2000 to Massachusetts Department
of Education Program and Quality Assurance Administrator John Stager,
regarding the State's obligation to recover the Part B of IDEA funds
received by the Boston Renaissance Charter School because the charter
school counted children with disabilities but did not produce required
documentation that those children had received appropriate special
education and related services.
[[Page 36039]]
* Letter dated February 10, 2000 to Lawrence M. Siegel,
Esq., explaining the Department's view that a State complaint unit's
decision--which found that a complaint did not allege a violation of
Part B of IDEA--was valid, since the issue raised in the particular
complaint concerned the district's alleged failure to provide services
for a student with a disability in the succeeding school year.
* Letter dated February 10, 2000 to Maryland State
Department of Education Special Education Assistant Superintendent
Carol Ann Baglin, regarding the State's authority to require a
corrective action in resolving a complaint against a school district
which prohibits that district from allowing parents to voluntarily
waive their right to receive a copy of procedural safeguards available
to parents under Part B of IDEA, since the statute specifies the times
when the procedural safeguards notice must be provided and does not
authorize any exceptions.
* Letter dated February 28, 2000 to Alaska Department of
Education and Early Development Commissioner Richard S. Cross,
informing Alaska that, despite the unique circumstances set out in its
inquiry, there is no authority in IDEA for the Department to grant a
State a waiver of the requirement that it revise its State statutes to
comply with the requirements of the IDEA Amendments of 1997 in order
for the State to receive its Part B of IDEA grant awards for FFY 2000.
* Letter dated March 27, 2000 to Virginia Department of
Education Acting Superintendent Dr. Jo Lynne DeMary, informing the
Virginia Department of Education that (1) its failure to comply with
the regulation at 34 CFR 300.514(c)--which addresses what constitutes a
child's ``stay-put'' or ``pendency'' placement if the decision of a
hearing officer in a due process hearing conducted by the SEA or a
State review official in an administrative appeal agrees with the
child's parents that a change of placement is appropriate--could result
in enforcement action against the State, and (2) compliance with this
regulation, which is a valid and appropriate exercise of the
Department's regulatory authority, is required of all States receiving
IDEA funds.
Topic Addressed: Coordinated Services
* Memorandum to Chief State School Officers dated January
24, 2000, regarding distribution of Office of Special Education
Programs (OSEP) Memorandum 00-7 dated January 13, 2000 to State
Directors of Special Education, which explains five provisions in the
IDEA Amendments of 1997 that enhance coordinated services and are
designed to improve results for students with disabilities.
Topic Addressed: Participation in State and District-Wide Assessment
Programs
* Letter dated February 4, 2000 to individual, (personally
identifiable information redacted), regarding the importance of
ensuring that students with disabilities are fully included in the
benefits of State and district-wide assessment programs and that States
that report data about the performance of nondisabled children on
assessments at the district or State level must also do so for disabled
children.
Section 613--Local Educational Agency Eligibility
Topic Addressed: Charter Schools
* Letter dated March 31, 2000 to New York State Education
Department Deputy Commissioner Lawrence Gloeckler, clarifying that an
LEA is not required to distribute Part B of IDEA flow-through funds to
charter schools that are not established as LEAs or as public schools
of the LEA.
Section 615--Procedural Safeguards
Topic Addressed: Student Discipline
* Letter dated February 4, 2000 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in appropriately educating a disabled student whose
continued presence in a classroom may pose a threat to school safety.
* Letter dated February 4, 2000 to U.S. Congressman Ronnie
Shows, regarding a perceived disparity in procedures for disciplining
disabled and nondisabled students, and providing an explanation of the
requirements of the IDEA Amendments of 1997 that govern disciplining
disabled students.
* Letter dated February 16, 2000 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining students with disabilities.
* Letter dated March 15, 2000 to individual, (personally
identifiable information redacted), regarding options available to
parents in resolving disagreements with a school district over the
requirements of Part B of IDEA even if criminal charges are pending
against a student, and explaining that (1) Part B of IDEA does not
prohibit a State or local school district from reporting a crime
committed by a student with a disability to appropriate State law
enforcement or judicial authorities, and (2) a hearing officer is not
considered an employee of a local school district merely because the
hearing officer is paid to conduct the hearing.
* Letter dated March 15, 2000 to Louisiana State
Superintendent Cecil Picard, clarifying that (1) the statutory
provision requiring a school district to ask a hearing officer, in lieu
of permitting school officials unilaterally, to order the removal of a
child who is potentially dangerous to an appropriate interim
alternative educational setting for up to 45 days strikes an
appropriate balance between the need to provide school officials
increased flexibility in dealing with school safety while maintaining
due process and procedural protections for children with disabilities
and their parents, and (2) regardless of available Federal special
education funding, States have flexibility in accessing existing State
and Federal programs to fund special education services.
Part C: Infants and Toddlers With Disabilities
Sections 631-641
Topic Addressed: Natural Environments
* Letters dated March 21, 2000 to U.S. Senator Dianne
Feinstein, responding to separate inquiries from constituents,
regarding the history and changes to the natural environments
requirements of Part C of IDEA since the law was originally enacted,
and clarifying that the need for parent networking and parent training
could be addressed through the provision of appropriate services in the
child's individualized family services plan (IFSP).
* Letter dated March 21, 2000 to U.S. Congressman Mike
Thompson, regarding the history of and changes to the natural
environments provisions of Part C of IDEA and the requirement that
decisions about the provision of required early intervention services
in natural environments must be individually determined by the child's
IFSP team, and clarifying that determinations regarding services,
including services for parents and the location of services to a child,
are made by the child's IFSP team.
* Letter dated March 21, 2000 to U.S. Congresswoman Lynn
Woolsey, regarding the natural environments provision of Part C of
IDEA, and clarifying, in general, that providing services to an infant
or toddler with a disability in a setting such as a center-based
program that is limited exclusively to infants and toddlers with
disabilities would not constitute a
[[Page 36040]]
natural environment, but that early intervention services may be
provided in a center-based program serving only children with
disabilities, if the IFSP team justifies in the IFSP that this location
is necessary to meet the individual needs of a child for a particular
service.
Section 640--Payor of Last Resort
Topic Addressed: Use of Family's Public and Private Insurance for Early
Intervention Services
* Letter dated March 22, 2000 to Illinois Department of
Human Services Director of Community Health and Prevention James R.
Nelson, explaining that (1) with respect to the use of a family's
private insurance for services under Part C of IDEA, pending further
regulatory action, the Department will accept a State's reasonable
interpretation of Part C of IDEA, including OSEP's prior policy letters
and the position set out in the Department's Notice of Proposed
Rulemaking on this issue; (2) with respect to the use of public
insurance, Part C of IDEA funds are the payor of last resort; and (3)
if a family does not permit access to its Medicaid payments, Part C of
IDEA requires that a State ensure that the inability of a family to pay
for required services does not result in the denial of services under
Part C of IDEA to the child or to the child's family.
Part D: National Activities To Improve Education of Children With
Disabilities
Subpart 1--State Program Improvement Grants for Children With
Disabilities
Section 653--Applications
Topic Addressed: Information About State Program Improvement Grants
* Letter dated March 24, 2000 to individual, (personally
identifiable information redacted), clarifying that (1) State Program
Improvement Grants, authorized by Part D of IDEA, are discretionary
grants that are not intended to provide direct services to children
with disabilities, and (2) Part D of IDEA does not require a State to
establish its own regulations to administer this grant program.
Miscellaneous
Topic Addressed: Inapplicability of the Least Restrictive Environment
and Discipline Requirements of Part B of IDEA to College Students
* Letter dated February 10, 2000 to individual, (personally
identifiable information redacted), clarifying that the least
restrictive environment (LRE) and discipline provisions of Part B of
IDEA do not apply to college students since the Part B of IDEA
regulations provide that a disabled student's graduation from high
school with a regular high school diploma ends the student's
entitlement to FAPE, and noting that some of the issues regarding the
provision of postsecondary services to students with disabilities may
be within the jurisdiction of the Department's Office for Civil Rights.
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:
http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use the PDF you must have the Adobe Acrobat Reader MAS, 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, DC, area at (202)
512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: May 31, 2000.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 00-14074 Filed 6-5-00; 8:45 am]
BILLING CODE 4000-01-U