[Federal Register: July 17, 2002 (Volume 67, Number 137)]
[Notices]
[Page 46966-46967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy02-65]
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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 January 2, 2002 through March 31,
2002.
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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) 205-5637 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 Format Center. Telephone: (202) 205-8113.
SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from January 2, 2002 through March 31, 2002.
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 January 7, 2002 to individual, (personally
identifiable information redacted), clarifying that (1) a State must
make clear to the Office of Special Education Programs that it has the
authority to enforce the requirements of IDEA under State law and (2) a
State may adopt a definition of ``adverse effect'' provided that the
State definition is not implemented in a manner that excludes otherwise
eligible children.
Topic Addressed: Special Education
Letter dated January 30, 2002 to Florida Department of
Education Bureau of Instructional Support and Community Services Chief
Shan Goff, clarifying that each State must ensure that any child with a
disability who needs speech-language pathology services to benefit from
special education receives those services, even if the child does not
meet the State's criteria to receive speech-language pathology services
as a special education service.
Section 603--Office of Special Education Programs
Topic Addressed: Responsibilities of the Office of Special Education
Programs
Letter dated January 18, 2002 to U.S. Congresswoman Patsy
Mink clarifying that the U.S. Department of Education is not
responsible for monitoring court-ordered decrees and explaining the
discretionary grant awards process.
Part B--Assistance for Education of All Children With Disabilities
Section 612--State Eligibility
Topic Addressed: Condition of Assistance
Letter dated January 18, 2002 to individual, (personally
identifiable information redacted), regarding (1) a State's obligation
to develop policies and procedures to resolve signed written complaints
filed by individual parents of children with disabilities, other
individuals, and organizations and (2) OSEP's obligation to monitor
each State's compliance with the complaint resolution requirements in
the final regulations implementing the IDEA through its continuous
improvement monitoring process.
Topic Addressed: Free Appropriate Public Education
Letter dated February 12, 2002 to individual, (personally
identifiable information redacted), clarifying that decisions regarding
the provision of services that are appropriate for an individual child
must be based on the child's unique needs and not on the disability
category in which the child is classified.
Section 613--Local Educational Agency Eligibility
Topic Addressed: Charter Schools
Letter dated February 12, 2002 to Connecticut Department
of Education Associate Commissioner George Coleman, regarding the
categories of charter schools, the eligibility of charter schools for
Federal funds, and the responsibilities of charter schools under Part B
of IDEA.
Section 615--Procedural Safeguards
Topic Addressed: Prior Written Notice
Letter dated March 6, 2002 to Texas Education Agency
Division of Special Education Senior Director Eugene Lenz, regarding
the circumstances under which a parent or a school district is required
to provide prior notice and clarifying that no notice provisions other
than those expressly contained in the IDEA can be applied to limit the
statutory right to a due process hearing.
Section 618--Program Information
Topic Addressed: Disproportionality
Letter dated January 14, 2002 to individual, (personally
identifiable information redacted), regarding the ways in which OSEP
and the Office for Civil Rights address the disproportionate
representation of students from some racial and ethnic
[[Page 46967]]
minority backgrounds in special education programs and classes.
Part C--Infants and Toddlers With Disabilities
Section 631--Findings and Policy
Topic Addressed: Amendment of Regulations
Letter dated February 13, 2002 to U.S. Congresswoman Judy
Biggert, regarding the Department of Education's decision to delay the
issuance of any new regulations for the Part C program until after the
IDEA is reauthorized and to withdraw the Notice of Proposed Rulemaking
published in the Federal Register on September 5, 2000.
Section 636--Individualized Family Service Plan
Topic Addressed: Early Intervention Services
Letter dated February 12, 2002 to Kelly C. Wilson, Esq.,
clarifying (1) that the individualized family service plan (IFSP) may
include a particular methodology or instructional approach that is
considered by the IFSP team to be integral to the design of an
individualized program of services to meet the unique needs of the
individual child and (2) that the State is required to provide all
services identified in the IFSP and to ensure that those services are
implemented according to the IFSP.
Other Letters Relevant to the Administration of Idea Programs
Topic Addressed: Assistance Under Other Federal Programs
Letter dated February 22, 2002 to President Lee Grossman
and Executive Director Rob Beck of the Autism Society of America,
clarifying that the Family Educational Rights and Privacy Act, as
currently written, does not allow educational agencies and institutions
to disclose information from student education records to the Centers
for Disease Control without prior written consent of the parent.
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:
http://www.ed.gov/legislation/FedRegister.
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/
index.html.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: July 11, 2002.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 02-18031 Filed 7-16-02; 8:45 am]
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