FR Doc 04-11681
[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Page 29524-29525]
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 January 2, 2004, through March 31, 


SUMMARY: The Secretary is publishing the following list pursuant to 
section 607(d) of the Individuals with Disabilities Education Act, as 
amended (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 under FOR 

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from January 2, 2004, through March 31, 
    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

Section 602--Definitions

Topic Addressed: Child With a Disability
    [cir] Letter dated February 2, 2004, to individual (personally 
identifiable information redacted), clarifying that if a child is 
evaluated as having one of the disabilities specified in the definition 
of child with a disability in 34 CFR 300.7(a)(1), and, by reason of 
that disability, needs special education and related services, a public 
agency may not deny the provision of a free appropriate public 
education (FAPE) to the child because the child is advancing from grade 
to grade.

Section 605--Acquisition of Equipment; Construction or Alteration of 

Topic Addressed: Construction of Facilities
    [cir] Letter dated March 26, 2004, to Mississippi Water Valley 
School District Program Developer Butch Stevens listing the general 
principles for determining whether expenditures for construction of 
facilities are allowable under 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
    [cir] OSEP memorandum 04-07 dated March 1, 2004, regarding 
implementation of the funding formula under the IDEA, specifically the 
year of age cohorts for which FAPE is ensured.
Topic Addressed: Distribution of Funds Provided to the Secretary of the 
    [cir] Letter dated January 20, 2004, to Bureau of Indian Affairs 
Special Education Director Keith Neves, clarifying that in order to 
comply with the requirements of section 611(i) of IDEA, the Bureau of 
Indian Affairs (BIA) must be able to demonstrate that for each Federal 
fiscal year as specified in its grant award letter, 80 percent of its 
section 611(c) funds are used to provide special education and related 
services to children with disabilities ages 5 through 21 enrolled in 
BIA operated or funded schools and 20 percent of its section 611(c) 
funds are distributed to the tribes or tribal organizations for the 
coordination of services for children with disabilities ages 3 through 

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Letter dated January 28, 2004, to individual (personally 
identifiable information redacted), clarifying that the IDEA does not 
require that private schools provide special education and related 
services that meet the needs of all students with disabilities, and it 
does not require that States certify all private schools to provide 
services to all students.
Topic Addressed: Confidentiality of Education Records
    [cir] Letter dated February 25, 2004, to Alabama Department of 
Education State School Nurse Consultant Martha Holloway from Family 
Policy Compliance Office Director LeRoy S. Rooker, explaining, in 
response to an inquiry regarding immunization records of students, that 
the Health Insurance Portability and Accountability Act of 1996 did not 
apply because the records were education records subject to the Family 
Educational Rights and Privacy Act (FERPA), and explaining limitations 
to the ``health and safety emergency'' exception under FERPA.
    [cir] Letters dated February 25, 2004, to Pennsylvania Department 
of Education Assistant Counsel Amy C. Foerster and February 18, 2004, 
to California Department of Education Special Education Consultant Dr. 
Allan M. Lloyd-Jones from Family Policy Compliance Office Director 
LeRoy S. Rooker, clarifying the requirements under FERPA and the IDEA 
regarding the release of education records in connection with studies 
conducted by other agencies or organizations

[[Page 29525]]

pertaining to autism and other developmental disabilities.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluations
    [cir] Letter dated February 20, 2004 to California Department of 
Education Assistant Superintendent Alice D. Parker, regarding the 
rights of parents in the selection of an evaluator to perform an 
independent educational evaluation.

Part C--Infants and Toddlers With Disabilities

Section 635--Requirements for Statewide System

Topic Addressed: Child Find
    [cir] Letter dated February 12, 2004, to individual (personally 
identifiable information redacted), regarding the State lead agency's 
child find responsibilities under Part C of IDEA and whether a hospital 
can disclose information regarding an infant or toddler to a State's 
lead agency.

Section 636--Individualized Family Service Plan

Topic Addressed: Transition
    [cir] Letter dated February 11, 2004, to Texas Interagency Council 
on Early Childhood Intervention Executive Director Mary Elder, 
regarding whether parental consent is required to disclose referral 
information from a lead agency under Part C of IDEA to the State 
education agency or local education agency about children who will 
shortly turn three and transition from receiving early intervention 
services under Part C to potentially receiving special education and 
related services under Part B.

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
     Letter dated January 14, 2004, to individual (personally 
identifiable information redacted), regarding the types of programming 
that could be captioned using IDEA funds.

Other Letters That Do Not Interpret the Idea But May Be of Interest to 

Topic Addressed: Accountability
     Letter to Chief State School Officers dated March 2, 2004, 
providing guidance under the No Child Left Behind Act of 2001 (NCLB) 
regarding how States might seek an exception to the requirements 
regarding the number of proficient scores of students with the most 
significant cognitive disabilities who take alternate assessments based 
on alternate achievement standards that may be included in annual 
yearly progress decisions.

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(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: May 14, 2004.
Troy R. Justesen,
Acting Deputy Assistant Secretary for Special Education and 
Rehabilitative Services.
[FR Doc. 04-11681 Filed 5-21-04; 8:45 am]