FR Doc 03-9941
[Federal Register: April 22, 2003 (Volume 68, Number 77)]
[Page 19794-19796]
From the Federal Register Online via GPO Access []

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Office of Special Education and Rehabilitative Services; List of 

AGENCY: Department of Education.

ACTION: List of correspondence from October 1, 2002 through December 
31, 2002.


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

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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 
    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 October 1, 2002 through December 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 

Section 619--Preschool Grants

Topic Addressed: Distribution of Funds Provided to the Secretary of the 
    [sbull] Letter dated December 17, 2002 to Washington Department of 
Social and Health Services Indian Policy Advisory Committee Chair 
Marilyn M. Scott, clarifying that under current law the State and the 
Bureau of Indian Affairs each have certain responsibilities regarding 
the provision of early intervention and special education and related 
services to Native American children with disabilities residing on 
Topic Addressed: Use of funds
    [sbull] Letter dated November 7, 2002 to Minnesota Department of 
Education Director of Accountability and Compliance Norena Hale, 
listing regulations that apply to the use of State set-aside funds 
under sections 611 and 619 for monitoring.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [sbull] Letter dated October 9, 2002 to Beth L. Sims, Esq., 
clarifying that the IDEA, as amended, and its implementing regulations 
do not obligate a school district receiving a special education student 
from another State to accept the evaluation results, eligibility 
determinations, and individualized education program (IEP) decisions 
made in another State, but do obligate a local educational agency (LEA) 
to provide a free appropriate public education (FAPE), in accordance 
with State education standards, to all eligible students.
Topic Addressed: State Educational Agency General Supervisory Authority
    [sbull] Letter dated October 17, 2002 to Florida Bureau of 
Instructional Support and Community Services Chief Shan Goff, regarding 
improvement activities required to address areas of noncompliance in 
the provision of speech-language services as a related service to 
children with disabilities, identified during the Office of Special 
Education Program's monitoring activities.
Topic Addressed: Methods of Ensuring Services
    [sbull] Letter dated November 6, 2002 to South Carolina Department 
of Education Director of Programs for Exceptional Children Susan D. 
Durant, regarding requirements to obtain parent consent under Part B of 
the IDEA and the Family Educational Rights and Privacy Act (FERPA) in 
order to access Medicaid or public insurance benefits.

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

Topic Addressed: Eligibility Determinations
    [sbull] Letter dated October 9, 2002 to Minneapolis Public Schools 
Executive Director of Special Education Colleen Baumtrog, regarding 
requirements for evaluating and identifying children with specific 
learning disabilities and clarifying that neither the IDEA nor the Part 
B regulations require the use of intelligence quotient tests as part of 
an initial evaluation or a reevaluation.
Topic Addressed: Individualized Education Programs
    [sbull] Letter dated November 21, 2002 to U.S. Congressman Dennis 
Moore, regarding issues related to the graduation of a student with a 
disability, including transition planning, transition services, 
reevaluations and procedural safeguards.

Section 615--Procedural Safeguards.

Topic Addressed: Independent Educational Evaluations
    [sbull] Letter dated October 9, 2002 to individual, (personally 
identifiable information redacted), clarifying that to avoid 
unreasonable charges for independent educational evaluations (IEEs) a 
school district may establish maximum allowable charges, but the school 
district must allow parents the opportunity to demonstrate that unique 
circumstances justify an IEE that is more expensive; and if the school 
district disagrees with the parents' justification, it must bring a 
hearing to demonstrate that the IEE did not meet the agency's cost 
criteria and that unique circumstances do not justify the higher rate.
Topic Addressed: Notice to Parents
    [sbull] Letter dated October 9, 2002 to NEA Professional Associate 
for Special Needs Patti Ralabate, clarifying (1) that if an IEP meeting 
does not result in a proposal or refusal to initiate or change the 
identification, evaluation, or educational placement of the child or 
the provision of a FAPE to their child, prior notice is not required, 
(2) that one method public agencies could use to meet the requirement 
for reporting the information on IEP goals required by 34 CFR 
300.347(a)(7)(ii)(A) and (B) to parents would be to include that 
information on the periodic report cards that report grading 
information to all students, and (3) how the language needs of a child 
with a disability who has limited English proficiency must be addressed 
in the child's IEP based on the individual needs of the child.

Part C

Infants and Toddlers With Disabilities

Section 637--State Application and Assurances

Topic Addressed: Prohibition Against Supplanting
    [sbull] Letter dated November 12, 2002 to Louisiana Department of 
Education Assistant Superintendent Rodney Watson, discussing the non-

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requirements for Part C funds and indicating that the total State and 
local expenditures should be considered, and not just lead agency 

Section 643--Allocation of Funds.

Topic Addressed: Administration of Part C Funds
    [sbull] Letter dated November 20, 2002 to New Mexico Department of 
Health Program Manager Andrew Gomm, clarifying that the Education 
Department General Administrative Regulations require recipients of 
IDEA part C Federal grant awards to have a restricted indirect cost 

Other Letters Relevant to the Administration of Idea Programs

Topic Addressed: Child with a Disability
    [sbull] Letter dated November 8, 2002 to U.S. Congressman Ken 
Lucas, regarding the circumstances under which a child with asthma may 
be eligible under the IDEA or under section 504 of the Rehabilitation 
Act of 1973 or both.
Topic Addressed: Applicability of Regulations
    [sbull] Letter dated October 29, 2002 to Dr. Perry A. Zirkel 
regarding application of the requirements of the IDEA, section 504 of 
the Rehabilitation Act of 1973, and the Americans with Disabilities Act 
to overseas schools.
Topic Addressed: Free Appropriate Public Education
    [sbull] Letter dated October 22, 2002 to Chief State School 
Officers, regarding implementation of the No Child Left Behind Act and 
the importance of identifying schools in need of improvement to ensure 
that every child learns.
Topic Addressed: Procedural Safeguards
    [sbull] Letter dated November 19, 2002 to Dr. Perry A Zirkel 
clarifying that neither the IDEA nor its implementing regulations 
address interlocutory appeals and that whether these appeals are 
allowed is a State decision subject to the timeline provisions of 34 
CFR 300.512.

Electronic Access to This Document

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    Note: The official version of this document is published in the 
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(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: April 17, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 03-9941 Filed 4-21-03; 8:45 am]