[Federal Register: June 12, 2001 (Volume 66, Number 113)]
[Page 31817-31819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 31817]]


Part III

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 January 2, 2001 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.

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 January 2, 2001 through March 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 B--Assistance for Education of All Children With Disabilities

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

Topic Addressed: Use of Funds
     Letter dated March 13, 2001 to Maine Commissioner of 
Education, J. Duke Albanese, regarding whether a unit that functions as 
a separate legal entity from the Maine Department of Education (MDE) 
should be included in MDE's Annual Single Audit.
     Letter dated February 13, 2001 to Alaska Commissioner of 
Education, Richard S. Cross, regarding a finding in a Federal Fiscal 
Year (FFY) 1996 audit report questioning the personal service 
expenditures allocated to the Special Education-Grants to States 
Federal program.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
     Letter dated January 19, 2001 (personally identifiable 
information redacted), regarding the obligation of States and local 
school districts to provide a free appropriate public education (FAPE) 
and opportunities for parent participation in a child's evaluation, 
eligibility, and educational placement.
     Letter dated March 1, 2001 (personally identifiable 
information redacted), regarding the extension of compensatory 
education services beyond age 21 awarded in settlement of litigation, 
the complaint mechanisms available under the IDEA, and the roles of 
Federal and State agencies that provide educational services.
     Letter dated March 30, 2001 to School Board Attorney John 
W. Bowen, regarding application of the requirements of the IDEA and of 
section 504 of the Rehabilitation Act of 1973 to Florida's Opportunity 
Scholarship Program legislation.
Topic Addressed: Child Find
     Letter dated March 30, 2001 to Colorado Department of 
Education Special Education Director, Dr. Lorrie Harkness, regarding 
(1) the responsibility to identify and evaluate children with Attention 
Deficit Disorder/Attention Deficit Hyperactivity Disorder and (2) the 
definition of ``educational records.''
Topic Addressed: Procedural Safeguards
     Letter dated March 30, 2001 (personally identifiable 
information redacted), clarifying that a State may hold in abeyance 
those issues in a complaint that are currently being appealed in a 
judicial proceeding.
Topic Addressed: State Educational Agency General Supervisory Authority
     Letter dated March 19, 2001 to California Assistant 
Superintendent of Public Instruction, Alice Parker, regarding a State's 
obligation to monitor the compliance of local educational agencies 
(LEAs), and to take action in response to noncompliance.
     Letter dated March 30, 2001 to Pennsylvania Bureau of 
Special Education Director, Dr. Fran Warkomski, regarding a State's 
responsibility to resolve complaints in a way that provides individual 
relief and addresses systemic problems.
Topic Addressed: Participation in Assessments
     Letter dated January 19, 2001, (personally identifiable 
information redacted), regarding the use of a calculator as an 
accommodation or individual modification for the participation of 
students with disabilities in State and district-wide assessments.
     OSEP memorandum 01-06 dated January 17, 2001 providing 
guidance selected for its relevance to parents and families of students 
with disabilities about the participation of these students in State 
and district-wide assessments.
     Memorandum dated January 12, 2001 regarding the role and 
authority of the Individualized Education Program (IEP) team in the 
participation of children with disabilities in State and district-wide 
assessments of student achievement for children with disabilities.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Schoolwide Programs
     Letter dated January 12, 2001, regarding the inclusion of 
students with disabilities in schoolwide reform efforts, and advising 
LEAs that a portion of IDEA Part B funds can be combined with funds 
from Title I of the Elementary and Secondary Education Act of 1965 and 
with other Federal, State and local funds to carry out schoolwide 
programs that include children with disabilities, as long as students 
with disabilities receive services in accordance with a properly 
developed IEP and are afforded all of the rights and services 
guaranteed to children with disabilities under IDEA.

Part C--Infants and Toddlers with Disabilities

Sections 631-641

Topic Addressed: Federal Interagency Coordinating Council
     Letter dated January 2, 2001 regarding principles of 
family involvement and suggested standards of practice developed by the 
Federal Interagency Coordinating Council (FICC) to encourage meaningful 
involvement of family members at all levels of policy and service 
delivery planning.

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     Letter dated January 17, 2001 to TRICARE Management 
Activity Executive Director, H. James T. Sears, regarding the FICC's 
development of a service guide, TRICARE and IDEA Part C: A Guide to 
Services, that addresses the interface between TRICARE, the Department 
of Defense's military health system, and Part C of IDEA.

Other Letters Relevant To the Administration of IDEA Programs

Topic Addressed: Freedom of Information Act
     Letter dated March 27, 2001 to individual, (personally 
identifiable information redacted), regarding factors that are 
considered in determining whether fees can be waived under the Freedom 
of Information Act (FOIA).


Topic Addressed: Multiple Chemical Sensitivity
     Letter dated January 8, 2001 transmitting information to 
school personnel, parents, and other interested individuals regarding 
Multiple Chemical Sensitivity (MCS).

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 the following site: 
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. 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/

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

    Dated: June 6, 2001.
Francis V. Corrigan,
Deputy Director, National Institute on Disability and Rehabilitation 
[FR Doc. 01-14676 Filed 6-11-01; 8:45 am]