FR Doc 03-30633
[Federal Register: December 10, 2003 (Volume 68, Number 237)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services; List of
AGENCY: Department of Education.
ACTION: List of correspondence from July 1, 2003, through September 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 the 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 (Department) of the IDEA or the regulations
that implement the IDEA.
FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507 (press 3).
If you use a telecommunications device for the deaf (TDD), you may
call 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 the contact persons listed in the
SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from July 1, 2003, through September 30,
Included on the list are those letters that contain interpretations
of the requirements of the 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
Topic Addressed: Special Education and Related Services
[sbull] Letters dated August 22, 2003, to National School
Transportation Association Regulatory Liaison Robin L. Leeds and
National Association for Pupil Transportation Executive Director
Michael J. Martin, regarding the obligations of local educational
agencies (LEAs) under Part B of the IDEA toward related service
providers, including transportation providers.
[sbull] OSEP memorandum 03-10 dated August 22, 2003, to State
Directors of Special Education, regarding how to ensure safe and
appropriate transportation for children with disabilities.
Section 603--Office of Special Education Programs
Topic Addressed: Responsibilities of the Office of Special Education
[sbull] Letter dated August 15, 2003, to individual (personally
identifiable information redacted), clarifying that Part B of the IDEA
does not provide for the Office of Special Education Programs' review
of individual State-level complaint decisions or due process hearings,
clarifying the procedures for requesting and amending school records,
and clarifying the Department's responsibility to monitor a State's
compliance with the IDEA.
Part B--Assistance for Education of All Children With Disabilities
Section 611--Authorization; Allotment; Use of Funds; Authorization of
Topic Addressed: Distribution of Funds
[sbull] OSEP memorandum 08-03 [sic] dated July 1, 2003, regarding
implementation of the funding formula and funding formula distributions
under section 611 of Part B of the IDEA and requesting that the States
sign an Assurance Statement attesting to the accuracy of their funding
Section 612--State Eligibility
Topic Addressed: Free Appropriate Public Education
[sbull] Letter dated August 19, 2003, to Children's Advocacy
Network of Florida Founder Beth Davis-Wellington, regarding: (1) The
role of the individualized education program (IEP) team in implementing
the State's policy for retention or promotion of students with
disabilities, (2) the establishment of proficiency standards for a
regular high school diploma as they relate to children with
disabilities and the IDEA requirements; and (3) the timing of initial
evaluations for students with disabilities.
Topic Addressed: Free Appropriate Public Education for Eligible Youth
With Disabilities Incarcerated in Adult Prisons
[sbull] Letter dated August 19, 2003, to Vermont Department of
Education Legal Counsel Geoffrey A. Yudien, clarifying that (1) The
provisions in 20 U.S.C. 1414(d)(6) and 34 CFR 300.311(c)(1) apply to
post-conviction incarcerations; (2) to the extent consistent with the
age ranges established under State law, States and LEAs must include in
their child find systems those incarcerated youth who would be eligible
to receive a free appropriate public education (FAPE) and who do not
fall into the exception to the FAPE requirement; (3) individuals in the
Federal correctional system fall under the jurisdiction of the Federal
Bureau of Prisons (BOP) and the IDEA makes no specific provision for
funding educational services through the BOP; and (4) under Part B of
the IDEA, if a youth with disabilities is referred or placed by the
State into an out-of-State facility, the referring State is generally
responsible for ensuring that FAPE is available during the course of
the youth's placement in that facility.
Topic Addressed: Procedural Safeguards
[sbull] Letter dated September 9, 2003, to North Dakota State
Director of Special Education Robert Rutten, clarifying that it is not
inconsistent with the State complaint procedures required by 34 CFR
300.660-300.662 for a complainant to have an advocate present during an
interview or for the complaint investigator to send a copy of the
issues to be investigated to an advocate if requested to do so by the
Topic Addressed: Least Restrictive Environment
[sbull] Letter dated July 23, 2003, to individual (personally
identifiable information redacted), clarifying that neither the IDEA
nor its implementing regulations define the term ``regular classes''
nor do they limit the number, or percentage, of students with
disabilities that may be placed into a specific regular classroom in
order to provide FAPE in the least restrictive environment, consistent
with the requirements of 34 CFR 300.550-300.556.
[sbull] Letter dated July 1, 2003, to individual (personally
identifiable information redacted), clarifying that, under the IDEA,
private schools are not subject to the same admission policies which
apply to public schools and services plans are prepared only for
private school children with disabilities who are designated to receive
Topic Addressed: Maintenance of Effort
[sbull] Letter dated August 1, 2003, to Washington State Audit
Manager Brad White, clarifying that an LEA is not permitted to reduce
its level of expenditures under Part B of the IDEA below the level of
expenditures for the preceding fiscal year if the decrease is
attributed to a reduction in the LEA's retirement rates for its staff.
Topic Addressed: Participation of Children with Disabilities in State
and District-Wide Assessments
[sbull] Letter dated July 14, 2003, to New Hampshire Disabilities
Rights Center Executive Director Dr. Richard Cohen, regarding the
requirements for the disaggregation and reporting of assessment and
performance indicator data to the public and the Secretary under the
IDEA and Title I of the Elementary and Secondary Education Act of 1965,
Section 613--Local Educational Agency Eligibility
Topic Addressed: Charter Schools
[sbull] Letter dated August 8, 2003, to New York State Education
Department Deputy Commissioner Lawrence C. Gloeckler, regarding the
status of charter schools under New York law for the purposes of Part B
of the IDEA and requesting clarification on how the State is ensuring
that the requirements for charter schools under the IDEA are being met.
Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements
Topic Addressed: Evaluations and Reevaluations
[sbull] Letter dated September 5, 2003, to Hofstra University
Professor Frank G. Bowe, clarifying that an agency may not use the due
process procedures under the IDEA to override the requirement that
informed parental consent be obtained before the initial provision of
special education and related services.
[sbull] Letter dated September 3, 2003, to U.S. Senator Ben
Nighthorse Campbell, regarding the use of intelligence quotient tests
to determine the eligibility of students with disabilities for special
education under section 504 of the Rehabilitation Act of 1973 and under
Topic Addressed: Individualized Education Programs
[sbull] Letter dated August 28, 2003, to Fort Thomas Kentucky
Independent Schools Assistant Superintendent Rita Byrd, clarifying that
Federal regulations do not address the public agency's responsibility
to make an employee of the agency, including a student's former
teacher, available for IEP meetings.
[sbull] Letter dated August 28, 2003, to individual (personally
identifiable information redacted), clarifying that whether an employee
who is not required by 34 CFR 300.344(a) to be part of an IEP team may
be required to attend or be charged leave to attend an IEP meeting is a
matter of State and/or local policy.
[sbull] Letter dated July 25, 2003, to individual (personally
identifiable information redacted), regarding which parties are
responsible under the IDEA for developing, reviewing, and, if
appropriate, revising the IEP and clarifying that the decision as to
who is responsible for putting IEP team decisions in writing is made by
the public agency.
Section 615--Procedural Safeguards
Topic Addressed: Surrogate Parents
[sbull] Letter dated July 10, 2003, to New Hampshire State Director
of Special Education Mary J. Ford, regarding the distinction between a
surrogate parent under 34 CFR 300.515 and a person acting as a parent
under 34 CFR 300.20.
Part C--Infants and Toddlers With Disabilities
Section 635--Requirements for Statewide System
Topic Addressed: Procedural Safeguards
[sbull] Letter dated August 19, 2003, to individual (personally
identifiable information redacted), regarding (1) the Office for Civil
Rights' authority over complaints related to discrimination based on
disability, (2) the resolution of individual complaints and the award
of compensatory services under Part C of the IDEA, and (3) the lead
agency's responsibility for general supervision of all Part C programs
and activities, including the monitoring of agencies carrying out Part
Other Letters That Do Not Interpret the IDEA But May Be of Interest to
Topic Addressed: Free Appropriate Public Education
[sbull] Letter dated August 28, 2003, to Chief State School
Officers, regarding implementation of the Title I choice and
supplemental educational services provisions of the No Child Left
Behind Act of 2001 (NCLB).
Topic Addressed: Confidentiality of Education Records
[sbull] Letter dated July 2, 2003, to Chief State School Officers,
regarding (1) release of student information to military recruiters
under the National Defense Authorization Act for Fiscal Year 2002 and
(2) the process by which parents are notified and have an opportunity
to request that this information not be disclosed without their
consent, similar to the ``directory information'' provisions under the
Family Educational Rights and Privacy Act.
Topic Addressed: Personnel Standards
[sbull] Letter dated July 28, 2003, to Chief State School Officers,
regarding provisions in NCLB, the Teacher Assistance Corps, and efforts
to share ideas about improvements in teacher quality.
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(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: December 5, 2003.
Troy R. Justesen,
Acting Assistant Secretary for Special Education and Rehabilitative
[FR Doc. 03-30633 Filed 12-9-03; 8:45 am]
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