[Federal Register: September 18, 2001 (Volume 66, Number 181)]
[Page 48122-48123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Office of Special Education and Rehabilitative Services List of 

AGENCY: Department of Education.

ACTION: List of correspondence from April 1, 2001 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, 2001 through June 30, 2001.
    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: Distribution of Funds
     Letter dated June 14, 2001 to U.S. Senator Richard J. 
Lugar, describing actual and proposed increases in Federal funding 
levels for special education programs and initiatives to reduce the 
cost of special education.
     OSEP memorandum 01-14 dated June 6, 2001, regarding 
implementation of the 20 percent rule in 34 CFR 300.233 and clarifying 
which funds under Part B of IDEA can be included under the 20 percent 
     OSEP memorandum 01-13 dated June 4, 2001, regarding 
implementation of the new funding formula under IDEA and the year of 
age cohorts for which a free appropriate public education (FAPE) is 
Topic Addressed: Use of Funds
     Letter dated May 24, 2001 to U.S. Congressman Mac 
Thornberry, clarifying that although IDEA funds may not be used to pay 
litigation expenses, these funds may be used to increase cooperative 
problem solving and to promote the use of alternative dispute 
     Letter dated April 16, 2001 to U.S. Congresswoman Rosa L. 
DeLauro, regarding the use of non-Federal funding to supplement Federal 
Part B funds for children with disabilities placed by their parents in 
private or parochial schools.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
     Letter dated May 18, 2001 (personally identifiable 
information redacted), regarding the inability of complaint mechanisms 
under the IDEA to assist individuals who are well over the age limit in 
Part B to receive special education services.
Topic Addressed: Children in Private Schools
     Letter dated May 18, 2001 (personally identifiable 
information redacted), regarding placement of children with 
disabilities in private schools under Part B and possible funding 
sources for private school placement.
Topic Addressed: State Educational Agency General Supervisory Authority
     Letter dated May 24, 2001 (personally identifiable 
information redacted), regarding a State's obligation to ensure that 
referral and placement of students with disabilities by a local 
educational agency complies with Federal and State requirements under 
the IDEA.
     Letter dated April 16, 2001 to U.S. Congressman Wayne T. 
Gilchrest, and letter dated April 30, 2001 (personally identifiable 
information redacted), regarding the finality of due process hearings 
and whether the State statute concerning limitations to reimbursement 
for private school tuition and exceptions for those limitations 
complies with the requirements of the IDEA.

Section 614--Evaluations, Eligibility Determinations, Individualized 
Education Programs, and Educational Placements Topic Addressed: 
Evaluations And Reevaluations

 Letter dated April 16, 2001 (personally identifiable 
information redacted), clarifying the obligations of school districts 
and the rights of parents regarding reevaluations of children who have 
or are suspected of having disabilities.
Topic Addressed: Individualized Education Programs
     Letter dated April 16, 2001 to U.S. Congresswoman Jo Ann 
Emerson, regarding the obligation of public agencies to provide 
eyeglasses to a student and the procedural safeguards available to 
parents who disagree with the content of their child's individualized 
education program.

[[Page 48123]]

Section 615--Procedural Safeguards

Topic Addressed: Due Process Hearings
     Letter dated April 19, 2001 to Virginia Department of 
Education Director Judith A. Douglas, regarding whether a State 
educational agency is required to convene a due process hearing 
initiated by someone other than the parent of a child with a disability 
or a public agency.
Topic Addressed: Surrogate Parents
     Letter dated April 16, 2001 to Pinal County, Arizona 
Deputy County Attorney Linda L. Harant, regarding the appointment of 
surrogate parents for children who are wards of a tribal court.
Topic Addressed: Student Discipline
     Letter dated April 16, 2001 to Professor Perry A. Zirkel, 
regarding the calculation of disciplinary removals of up to 10 school 
days to determine whether a change in placement has occurred and the 
provision of FAPE during periods of suspension or expulsion from 

Section 619--Preschool Grants

Topic Addressed: Use of Funds
     Letter dated June 29, 2001 to Connecticut Bureau of Early 
Childhood Education and Social Services Chief Paul Flinter, regarding 
allowable uses of Preschool Grant State set-aside funds.

Part C--Infants and Toddlers with Disabilities

Section 635--Requirements for a Statewide System

Topic Addressed: Eligibility Criteria
     Letter dated May 17, 2001 to South Dakota Office of 
Special Education Director Deborah Barnett and South Dakota Interagency 
Coordinating Council Member Joanne Wounded Head, regarding the use of 
informed clinical opinion in determining eligibility, the provision of 
respite care and transportation as part of early intervention services, 
and the need for appropriately trained staff.
     Letter dated May 3, 2001 to Arkansas Department of Human 
Services Director Kurt Knickrehm, clarifying the need to review public 
awareness and child find activities to ensure that culturally 
appropriate materials are provided to all populations in the State and 
that States can establish initial eligibility criteria but cannot set 
additional criteria for individual services for a child who has already 
been determined to be eligible under Part C.
     Letter dated May 2, 2001 to Dr. Garry Gardner, regarding 
the flexibility that Part C provides States in defining the 
``developmental delay'' category for determining the eligibility of 
infants and toddlers with disabilities and the procedures that States 
must follow in making changes to this category.

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Services
     Letter dated April 16, 2001 to U.S. Senator Robert C. 
Byrd, regarding the individualized family service plan (IFSP) process 
in determining the intensity and frequency of early intervention 
services under Part C, along with the financial responsibility for 
these services.
Topic Addressed: Natural Environments
     Letter dated June 14, 2001 to U.S. Congressman Ike 
Skelton, regarding the history and changes to the natural environments 
requirements of Part C of IDEA since the early intervention program 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 

Other Letters Relevant to the Administration of IDEA Programs

Topic Addressed: Assistance Under Other Federal Programs
     OSEP memorandum 01-09 dated May 24, 2001, regarding 
information about new regulations affecting the determination of 
childhood disability under the Social Security Administration's 
Supplemental Security Income program.
     Letter dated April 16, 2001 to Joseph Kinney, regarding 
use of Federal Medicaid funds to pay for required services under Part B 
of the IDEA for children with disabilities.

Electronic Access to This Document

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    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: September 13, 2001.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 01-23242 Filed 9-17-01; 8:45 am]