FR Doc 03-3257
[Federal Register: February 10, 2003 (Volume 68, Number 27)]
[Page 6725-6727]
From the Federal Register Online via GPO Access []



Office of Special Education and Rehabilitative Services; List of 

AGENCY: Department of Education.

ACTION: List of correspondence from July 1, 2002 through September 30, 

Download: PDF Version

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

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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 
    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 July 1, 2002 through September 30, 
    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: Grants to States

    [sbull] Letter dated September 25, 2002 to Rhode Island Department 
of Education Office of Special Needs Director Dr. Thomas P. DiPaolo, 
clarifying that although the effective date of a Part B grant cannot be 
changed, it is possible, subject to certain conditions, to grant pre-
award costs to a State to mitigate significant hardship on State and 
local programs if there is very limited potential harm to the Federal 

Topic Addressed: Authorization of Appropriations

    [sbull] Memorandum dated September 30, 2002 to Governors and Chief 
State School Officers, regarding nonregulatory guidance pertaining to 
Federal education programs, including section 611 of IDEA, with advance 
appropriations in fiscal year (FY) 2002.

Section 612--State Eligibility

Topic Addressed: Confidentiality of Education Records

    [sbull] Letter dated July 30, 2002 to Pennsylvania Assistant 
Director of Special Education John Tommasini from Family Policy 
Compliance Office Director LeRoy S. Rooker, explaining that States must 
resolve complaints filed by non-parent individuals or organizations 
even if the parent refuses to consent to the disclosure of personally 
identifiable information about the student; but, in such cases, the 
State may not disclose personally identifiable information about the 
    [sbull] Letter dated July 29, 2002 to U.S. Representative C.L. 
``Butch'' Otter from Family Policy Compliance Office Director LeRoy S. 
Rooker, regarding the right of parents to obtain copies of education 
records and whether a parent's representative can inspect and review 
education records.
    [sbull] Letter dated July 18, 2002 to individual, (personally 
identifiable information redacted), regarding the creation, retention, 
and destruction of education records, and records handling and storage.

Topic Addressed: Maintenance of Effort

    [sbull] Letter dated July 16, 2002 to Michael J. Hernandez, Esq., 
regarding the use of Medicaid reimbursement funds to construct or equip 
special education classrooms.

Section 615--Procedural Safeguards

Topic Addressed: Due Process Hearings

    [sbull] Letter dated September 12, 2002 to Louisiana Assistant 
Legislative Auditor David K. Greer, regarding whether due process 
hearings under the IDEA may be conducted by Louisiana's administrative 
law judge panel and clarifying that as a general matter, the Office of 
Special Education Programs does not interpret State law, or opine about 
its application, unless State law appears to conflict with Federal 

Part C--Infants and Toddlers with Disabilities

Section 634--Eligibility

Topic Addressed: State Participation

    [sbull] Letter dated August 13, 2002 to individual, (personally 
identifiable information redacted), clarifying that participation by 
States in Part C is voluntary.

Section 636--Individualized Family Service Plan

Topic Addressed: Natural Environments

    [sbull] Letter dated July 30, 2002 to individual, (personally 
identifiable information redacted), regarding the history of 
implementation of the natural environments requirements of Part C of 
the IDEA since the early intervention program was originally enacted, 
and clarifying that, based on the child's individualized family 
services plan (IFSP), appropriate services can be provided in other 

Part D--National Activities to Improve Education of Children with 

Subpart 2--Coordinated Research, Personnel Preparation, Technical 
Assistance, Support, and Dissemination of Information.

Section 687--Technology Development, Demonstration, and Utilization; 
and Media Services

Topic Addressed: Captioning

    [sbull] Letter dated August 8, 2002 to House Education and 
Workforce Committee Chairman John Boehner, generally describing the 
process by which grant awards are made under the IDEA to provide 
support for the captioning of educational, news, and informational 
television, videos, and materials.
Other Letters Relevant to the Administration of IDEA Programs

Topic Addressed: Child with a disability

    [sbull] Letter dated July 12, 2002 to U.S. Senator Mary L. 
Landrieu, regarding the identification and evaluation of handicapped 
persons under Section 504 of the Rehabilitation Act of 1973.

Topic Addressed: Accountability for Results

    [sbull] Letter dated August 13, 2002 to Dr. Lucille Linde, 
clarifying that the Department of Education does not have the authority 
to mandate the use of specific assessment and instructional/
intervention programs in public schools and that these decisions are 
made at the State and local school district levels.
    [sbull] Dear Colleague letter dated July 24, 2002, regarding the 
implementation of the No Child Left Behind Act and statewide 
accountability systems, and providing guidance on adequate yearly 

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 

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Document Format (PDF) on the Internet at the following site:
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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:

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)
    Dated: February 5, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 03-3257 Filed 2-7-03; 8:45 am]