[Federal Register: December 29, 2000 (Volume 65, Number 251)]
[Page 83217-83219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Part IV

Department of Education


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

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Office of Special Education and Rehabilitative Services; List of 

AGENCY: Department of Education.

ACTION: List of correspondence from April 1, 2000 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: Melisande Lee or JoLeta Reynolds. 
Telephone: (202) 205-5507. If you use a telecommunications device for 
the deaf (TDD) you 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 alternative 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, 2000 through June 30, 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 June 3, 2000 to individual, (personally 
identifiable information redacted), regarding the obligation of States 
and LEAs to appropriately evaluate children with attention deficit 
hyperactive disorder (ADHD) under Part B of IDEA, and clarifying the 
relationship of relevant State requirements to applicable Part B 
Topic Addressed: Educating Children With Particular Disabilities
     Notice of Policy Guidance dated June 5, 2000 entitled 
``Educating Blind and Visually Impaired Students: Policy Guidance,'' 
updating guidance issued in 1995 for consistency with 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: Distribution of Funds
     OSEP memorandum 00-15 dated May 18, 2000 regarding formula 
allocations to States and required adjustments to the December 1, 1998 
child count.
     OSEP memorandum 00-17 dated June 26, 2000 regarding 
implementation of the new funding formula under IDEA and the year of 
age cohorts for which FAPE is ensured.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
     Letter dated June 9, 2000 to American Music Therapy 
Association Executive Director Andrea H. Farbman regarding the 
provision of music therapy as a related service for students with 
Topic Addressed: Least Restrictive Environment
     Letters dated May 22, 2000 to individuals (personally 
identifiable information redacted), clarifying that under the IDEA 
Amendments of 1997, the first placement option considered for each 
disabled student is the regular classroom with appropriate 
supplementary aids and services.
Topic Addressed: Children Enrolled By Their Parents In Private Schools
     OSEP memorandum 00-14 dated May 4, 2000 restating and 
consolidating guidance on the nature and extent of school districts' 
obligations to parentally-placed private school children under Part B.
Topic Addressed: Home-Schooling
     Letters dated April 20, 2000 and April 27, 2000 to 
individuals, (personally identifiable information redacted), clarifying 
the nature and extent of school districts' obligations to children with 
disabilities who are home-schooled by their parents and that State law 
determines whether home schools are included in the definition of 
private schools.
Topic Addressed: State Educational Agency General Supervisory Authority
     Letter dated March 30, 2000 to Virgin Islands Department 
of Health Commissioner William K. Callender and Department of Education 
Commissioner Ruby Simmonds, regarding special conditions placed on 
expenditure of funds because of these Virgin Island agencies' status as 
high risk grantees.
     Letters dated June 21, 2000 to California Department of 
Education Superintendent of Public Instruction Delaine Eastin and 
Assistant Superintendent of Public Instruction Alice Parker, regarding 
the status of California's compliance with the requirements of Part B 
of IDEA.
Topic Addressed: Information Required for Receipt of Grant Awards
     OSEP memorandum 00-16 dated June 13, 2000 regarding review 
of eligibility documents and issuance of grant awards to States for 
Federal Fiscal Year 2000.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
     Letter dated April 20, 2000 to Louisiana Department of 
Education Deputy Superintendent Marlyn Langley, clarifying the basis 
under which an SEA can distribute sliver grants and set-aside funds to 
charter schools that are established as LEAs.
Topic Addressed: Use of Federal Funds
     Letter dated May 12, 2000 to New York State Education 
Department Deputy Commissioner Lawrence Gloeckler, clarifying that a 
State cannot require an LEA to use its Part B flow-through funds to 
make payments to a private school that provided special education and 
related services to a child with a disability.

Section 614--Evaluations, Eligibility Determinations, Individualized 
Education Programs, and educational placements.

Topic Addressed: Evaluations and Reevaluations
     Letters dated March 29, 2000 to Michigan Department of 
Education Special Education Services Director Jacquelyn J. Thompson and 
to individuals (personally identifiable information redacted), and June 
27, 2000 to U.S. Senator Don Nickles, regarding requirements applicable 
to a

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parent's right to an independent educational evaluation at public 
     Letter dated June 7, 2000 to Attorney Jennifer L. Scheinz 
clarifying that parents who disagree with a functional behavioral 
assessment which is not part of an initial evaluation, a required 
reevaluation, or in response to any disciplinary action, but is 
conducted to develop an appropriate IEP, are entitled to an independent 
educational evaluation at public expense.
Topic Addressed: Individualized Education Programs
     Letter dated May 26, 2000 to Pennsylvania School 
Counselors Association Executive Director Robert B. Cormany regarding 
the use of school counselors as public agency representatives on the 
IEP team.
     OSEP memo 00-19 dated June 30, 2000 regarding guidance on 
the Part B IEP requirements for children with disabilities, including 
preschool-aged children.

Section 615--Procedural Safeguards

Topic Addressed: Prior Written Notice
     Letter dated April 20, 2000 to individual, (personally 
identifiable information redacted), regarding the requirement for prior 
written notice before a change in educational placement.
Topic Addressed: Due Process Hearings
     Letter dated May 1, 2000; to Paul L. Erickson, Esquire, 
regarding North Carolina's application of a 60-day limitation period to 
administrative reviews for all claims under IDEA.

Part C: Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Provision of A Free Appropriate Public Education to 
Children With Disabilities Below Age 3
     Letter dated May 17, 2000 to Vermont Department of 
Education Manager for Special Education Susan Cano, clarifying that 
when a child below age three receives FAPE, States must comply with the 
requirements of: (1) Both Parts B and C of IDEA when Part B funds are 
used, and (2) with Part C even if no IDEA Part B or C funds are used 
for that child as long as the State receives any Part C funds.
Topic Addressed: Natural Environments
     Letter dated May 12, 2000 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.

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 PDF you must have Adobe Acrobat Reader, which is available free 
at either of the previous sites. If you have questions about using 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. 1

    Note: The official version of this document is 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/

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

    Dated: December 21, 2000.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative 
[FR Doc. 00-33131 Filed 12-28-00; 8:45 am]