[Federal Register: March 9, 2001 (Volume 66, Number 47)]
[Notices]               
[Page 14291-14293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr01-160]                         


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Part IV





Department of Education





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


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DEPARTMENT OF EDUCATION

 
Office of Special Education and Rehabilitative Services; List of 
Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from July 1, 2000 through September 30, 
2000.

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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 July 1, 2000 through September 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 July 25, 2000 to individual, (personally 
identifiable information redacted), regarding the provision of 
appropriate instructional methodologies, educational services, and 
placements under individualized education programs (IEP) for children 
with autism.

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

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

Section 619--Preschool Grants.

Topic Addressed: Allocation of Grants
     Letter dated July 28, 2000 to Wyoming Department of 
Education Special Programs Unit Director, Rebecca Walk, regarding 
Wyoming's implementation of the new Preschool Grants and Grants to 
States formulas and the options available for distribution of funds 
under sections 611 and 619.
     Letter dated September 18, 2000 to Arizona Superintendent 
of Public Instruction, Lisa Graham Keegan, regarding adjustments to 
Arizona's distribution of the population payment allocation under 
sections 611 and 619.
Topic Addressed: Use of Funds
     Letter dated July 20, 2000 to U.S. Senator John Breaux 
regarding the availability of Part B funds to purchase playground 
equipment.
     Letter dated September 21, 2000 to Louisiana State 
Director of Special Education, Virginia C. Beridon, regarding the 
availability of pre-award costs and Part B funds under the Cash 
Management Improvement Act of 1990 and the Education Department General 
Administrative Regulations (EDGAR).
Topic Addressed: Authorization of Appropriations
     Memorandum dated August 29, 2000 to Governors and Chief 
State School Officers regarding nonregulatory guidance pertaining to 
Federal education programs, including section 611 of IDEA, with advance 
appropriations in fiscal year (FY) 2000.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
     Letter dated August 22, 2000 to Illinois State Board of 
Education Special Education Director, Dr. Gordon M. Riffel, regarding 
the availability of compensatory education services after the right to 
a free appropriate public education (FAPE) has terminated.
Topic Addressed: Procedural Safeguards
     OSEP memorandum 00-20 dated July 17, 2000 to Chief State 
School Officers regarding State complaint resolution procedures under 
Part B of IDEA.
     Letter dated July 25, 2000 to U.S. Representative Sue 
Myrick regarding options available to parents to resolve disputes 
relating to the identification, evaluation, educational placement, or 
provision of FAPE to a child with a disability and in addressing such 
concerns as they relate to an existing school's compliance with the 
IDEA's least restrictive environment requirements.
Topic Addressed: Confidentiality
     Letter dated July 20, 2000 to the Honorable Kenneth Apfel, 
Social Security Administration Commissioner, regarding applicability of 
the Family Educational Rights and Privacy Act's (FERPA) consent and 
IDEA, Part B's confidentiality provisions to disclosure of personally 
identifiable information contained in education records in order to 
determine the eligibility of children with disabilities for benefits 
under the Supplemental Security Income program.
Topic Addressed: General Supervision
     Letter dated June 20, 2000 to U.S. Congressman Charles W. 
Stenholm regarding the flexibility Federal regulations provide States 
in establishing due process and alternative dispute resolution 
mechanisms.
Topic Addressed: Assessments
     OSEP memorandum 00-24 dated August 24, 2000 to State 
Directors of Special Education clarifying requirements for including 
students with disabilities in State and district-wide assessments.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
     Letter dated July 20, 2000 to individual, (personally 
identifiable information redacted), regarding the status of charter 
schools established as local educational agencies (LEAs) in the 
District of Columbia, a jurisdiction that performs both State and local 
functions, and the procedural safeguards available to parents of 
children with disabilities who attend these charter schools.

Section 615--Procedural Safeguards

Topic Addressed: Manifestation Determination Review
     Letter dated July 25, 2000 to David P. Osterhout 
clarifying the circumstances that constitute a change in placement that 
would trigger a manifestation determination review and the use of 
positive behavioral interventions, strategies, and supports to address 
the needs of students with behavioral issues.

[[Page 14293]]

Topic Addressed: Transfer of Rights
     Letter dated July 20, 2000 to Kansas State Department of 
Education General Counsel, Rodney J. Bieker, regarding the 
circumstances under which a school district can, without the consent of 
the student to whom educational rights have transferred, invite the 
student's parents to an IEP meeting or disclose information from the 
student's educational records to the parents.
Topic Addressed: Student Discipline
     Letter dated August 3, 2000 to Kansas State Department of 
Education General Counsel, Rodney J. Bieker, regarding calculating 
disciplinary removals of up to 10 school days in determining whether a 
change in placement has occurred.
     Letter dated August 11, 2000 to U.S. Representative J.D. 
Hayworth regarding the options available to school authorities in 
disciplining students with disabilities under IDEA, Part B and the 
Americans with Disabilities Act and whether parents of other students 
have the right to be notified of incidents involving unusual or 
threatening behavior by students with disabilities given the 
confidentiality requirements under IDEA, Part B and FERPA.

PART C--Infants and Toddlers with Disabilities

Sections 631-641

Topic Addressed: Definitions
     Letter dated September 18, 2000 to Illinois Department of 
Human Services Secretary, Linda Renee Baker, regarding the State's 
inability to serve as a ``parent'' under the Part C regulatory 
definition for a child who is a ``ward'' of the State.
Topic Addressed: Early Intervention Services
     Letter dated August 16, 2000 to Bureau of Indian Affairs 
Education Specialist, Julie Goings, regarding the role and 
responsibilities of the Bureau of Indian Affairs, States and tribes in 
providing services to children with disabilities from birth to age five 
who are members of the tribe.
Topic Addressed: Infant or Toddler With a Disability
     Letter dated September 25, 2000 to individual, (personally 
identifiable information redacted), regarding the flexibility Part C 
provides States in defining the developmental delay category of 
eligibility of infants and toddlers with disabilities and in 
establishing standards that exceed Federal requirements.
Topic Addressed: Procedural Safeguards
     OSEP memorandum 00-21 dated July 17, 2000 to Chief State 
School Officers regarding guidance on State complaint resolution 
procedures under Part C of IDEA.
Topic Addressed: Federal Interagency Coordinating Council
     Letter dated August 11, 2000 regarding application of 
Section 644 of the IDEA and other Federal requirements to activities of 
the Federal Interagency Coordinating Council.

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
     OSEP memorandum 00-25 dated September 28, 2000 to State 
Directors of Special Education regarding the State Improvement Grant 
application process and procedures.

Other Letters Relevant to the Administration of Idea Programs

Topic Addressed: Disability Harassment
     Dear Colleague Letter dated July 25, 2000 providing an 
overview of the existing legal and educational principles related to 
disability harassment.

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 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.


    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/index.html

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

    Dated: March 5, 2001.
Andrew J. Pepin,
Executive Administrator, Office of Special Education and Rehabilitative 
Services.
[FR Doc. 01-5778 Filed 3-8-01; 8:45 am]
BILLING CODE 4000-01-P