[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Page 14922-14923]
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 October 1, 2001 through December 
31, 2001.


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

[[Page 14923]]

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) 205-5637 or the Federal Information Relay Service (FIRS) at 
    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.

    The following list identifies correspondence from the Department 
issued from October 1, 2001 through December 31, 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 

Section 619--Preschool Grants

Topic Addressed: Allocation of Grants
     Letter dated December 18, 2001 to U.S. Congressman Charles 
F. Bass, regarding implementation of the Preschool Grants and 
Assistance to States formulas and the options available for 
distribution of funds under sections 611 and 619.

Section 612--State Eligibility.

Topic Addressed: Confidentiality of Education Records
     Letter dated December 4, 2001 to U.S. Congressman Roscoe 
E. Bartlett from Family Policy Compliance Office Director LeRoy Rooker, 
regarding the circumstances under which an educational agency can 
permit the disclosure of education records without prior written 
parental consent.
Topic Addressed: Children In Private Schools
     Letter dated October 4, 2001 to individual, (personally 
identifiable information redacted), clarifying that there is no 
inconsistency between the statute and the regulations implementing IDEA 
regarding the extent of rights available to parentally-placed private 
school children with disabilities and their parents.
Topic Addressed: State Educational Agency General Supervisory Authority
     Letter dated November 6, 2001 to Ohio Department of 
Education Interim Director of the Office for Exceptional Children Ed 
Kapel, regarding a State's obligation to resolve complaints in 
accordance with the complaint requirements in Part B within the 
required timeline.
Topic Addressed: Assessments
     Letter dated October 10, 2001 to U.S. Congressman Curt 
Weldon, regarding the Federal requirements for including children with 
disabilities in assessments and the implementation of the IDEA 
provisions related to alternate assessments.

Section 614--Evaluations, Eligibility Determinations, Individualized 
Education Programs, and Educational Placements.

Topic Addressed: Evaluations and Reevaluations
     Letter dated November 5, 2001 to New Jersey Department of 
Education Commissioner Vito A. Gagliardi, Sr., regarding the IDEA Part 
B requirement that parental consent must be obtained before the initial 
evaluation, the reevaluation, and the provision of special education 
and related services and the fact that Part B does not permit public 
agencies to override a parent's refusal of consent for initial services 
or to initiate a due process hearing if a parent refuses consent to the 
initial provision of special education and related services.
Topic Addressed: Educational Placements
     Letter dated November 26, 2001 to Attorney Paul Veazey 
regarding the role of the placement team, including the child's 
parents, in the placement decision for a child with a disability and 
the authority of a public agency to make an administrative 
determination of the educational placement of a child with a disability 
consistent with the placement team's decision.

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: March 22, 2002.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 02-7473 Filed 3-27-02; 8:45 am]