[Federal Register: March 22, 2001 (Volume 66, Number 56)]
[Page 16099-16101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Part II

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 October 1, 2000 through December 
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: 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 October 1, 2000 and December 31, 
    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 November 21, 2000 to U.S. Congressman Peter 
Hoekstra regarding the appropriate roles of educators and physicians in 
respectively providing Part B services to, and conducting medical 
diagnoses of, students with attention deficit disorder (ADD) or 
attention deficit hyperactivity disorder (ADHD).

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: Use of Funds
     Letters dated December 12, 2000 to individuals, 
(personally identifiable information redacted), regarding revisions to 
the formula for distribution of funds awarded under Part B of IDEA and 
increases in Federal funding levels for special education programs.

Section 612--State Eligibility

Topic Addressed: Confidentiality
     Letters dated October 26, 2000 to U.S. Congressman Peter 
Hoekstra and to U.S. Congressman Bob Schaffer regarding privacy 
requirements that ensure the confidentiality of student information 
collected by the Department in connection with all surveys and 
information collections.
Topic Addressed: Children in Private Schools
     Letter dated October 2, 2000 to Attorney Michael I. 
Inzelbuch regarding the ability of a hearing officer to require a 
school district to provide Part B services to children in parochial 
private school settings and the need to review on a case-by-case basis 
applicable law including the establishment of religion clause of the 
First Amendment of the U.S. Constitution.
Topic Addressed: State Educational Agency General Supervisory Authority
     Letter dated December 12, 2000 to individual, (personally 
identifiable information redacted), regarding the provisions in the 
IDEA Amendments of 1997 that reduce unnecessary paperwork.
     Letter dated December 20, 2000 to U.S. Senator John 
Edwards clarifying that, to reduce paperwork, there is no requirement 
that school districts use any specific forms as long as their content 
is consistent with the IDEA Amendments of 1997.
Topic Addressed: Information Required for Receipt of Grant Awards
     OSEP memorandum 01-4 dated November 9, 2000 regarding 
procedures for States to follow to receive a grant award under sections 
611 and 619 of Part B of IDEA for Federal Fiscal Year 2001.
Topic Addressed: Interagency Coordination
     Letter dated December 27, 2000 to Oregon Department of 
Education Executive Legal Officer, C. Gregory McMurdo, regarding 
interagency agreements and financial responsibility under Part B of the 
IDEA and the Rehabilitation Act of 1973 with regard to transition 
services for students with disabilities.

Section 615--Procedural Safeguards

Topic Addressed: Mediation
     OSEP memorandum 01-5 dated November 30, 2000 restating and 
consolidating the Department's guidance regarding mediation under Part 
B of IDEA.
Topic Addressed: Due Process Hearings
     Letter dated October 19, 2000 to Attorney Winona W. 
Zimberlin regarding Connecticut's statutory provisions (a) establishing 
a two-year limit for requesting a due process hearing; (b) prohibiting 
the introduction of issues at a hearing that were not previously raised 
in a planning and placement team meeting; and (c) enabling hearing 
officers to comment on the conduct of due process proceedings.
     Letter dated November 22, 2000 to Vermont State Department 
of Education Legal Counsel, John A. Nelson, regarding the requirement 
to provide parents with transcripts of due process hearings at no cost.
Topic Addressed: Student Discipline
     Letter dated December 20, 2000 to U.S. Senator Bob Graham 
regarding the types of disciplinary removals that are available under 
IDEA '97, including placement in interim alternative educational 

Part C--Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Payor of Last Resort
     Letter dated December 19, 2000 to Office of CHAMPUS 
Management Activity regarding proposed CHAMPUS regulations (including 
its ``pay first'' and ``medical services'' provisions) and their 
relationship to Part C's ``payor of last resort'' and other provisions.
Topic Addressed: State Lead Agency General Supervisory Responsibility
     Letter dated October 19, 2000 to Louisiana Department of 
Education Superintendent, Cecil Picard, regarding the lead agency's 
responsibility under

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Part C concerning general administration and supervision, together with 
assigning financial responsibility among appropriate agencies.
Topic Addressed: State Interagency Coordinating Council
     OSEP memorandum 01-2 dated November 8, 2000 regarding the 
requirements for submitting annual performance reports, and clarifying 
that a single report can be used to satisfy both the Education 
Department General Regulations (EDGAR) and the Part C ICC reporting 
Topic Addressed: Natural Environments
     Letter dated November 1, 2000 to individual, (personally 
identifiable information redacted), regarding the requirements of 
providing early intervention services in natural environments and 
including appropriate justifications on the individualized family 
service plan (IFSP).
Topic Addressed: State Application and Assurances
     OSEP memorandum 01-3 dated November 8, 2000 regarding 
procedures for receiving Part C grant awards for Fiscal Year 2001.

Other Letters Relevant to the Administration of Idea Programs

Topic Addressed: Promotion and Retention
     Letter dated November 9, 2000 to individual, (personally 
identifiable information redacted), regarding the relevance of Part B 
provisions on the individualized education program (IEP), the IEP team, 
educational placement, and procedural safeguards to promotion and 
retention decisions.

Electronic Access to This Document

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Education documents published in the Federal Register, in Adobe 
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    Note: The official version of this document is published in the 
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the Federal Register and the Code of Federal Regulations is 
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(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: March 19, 2001.
Andrew Pepin,
Executive Administrator, Office of Special Education and Rehabilitative 
[FR Doc. 01-7125 Filed 3-21-01; 8:45 am]